University of Windsor, Ontario: Open Journal Systems
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Healthy enough? A capability approach to sufficiency and equality
No full textSufficiency’ approaches to social and global justice stress that everyone must have enough. According to some advocates of this approach, only sufficiency is important, not equality. Martha Nussbaum, who is often classified as a sufficiency advocate, has defied this stricture against egalitarianism by contending that, in several domains, nothing is adequate short of equality. She cites political freedoms as her most persuasive example and suggests that the same may be true of the capability for health care. However, she does not explore this idea in depth: the idea that, in the domain of health, nothing short of equal capabilities is adequate. I explore this by clarifying the main concepts, such as adequacy and capability, in the domain of health. By these means I address three further questions. First, which is primary and which is derivative: capability for health care or capability for health? Second, does duration matter? If we can understand adequate health at a moment, in terms of ranges of physiological and psychological functioning, does adequacy not also imply durability? If so, then, third, is it possible to specify the length of an adequately healthy life, at least as a reasonable expectation? I argue that, due to human diversity and the imperfect state of medical knowledge, we cannot form a reasonable expectation of the length of an adequately healthy life for each person. Nevertheless, duration still matters. Therefore, we must recognize inadequately healthy lives in the only way that we can, by recognizing social disparities in health outcomes. In this sense, nothing short of equality is adequate
Something Called the ‘False Dilemma Fallacy’ (FDF): A Return to Formalization Just This Time
No full textThis work is a revision of the False Dilemma Fallacy (FDF). The formalized model (FM)of this fallacy has as its centerpiece a valid disjunctive syllogism, but the disjunctive premise is presumed to be false, thus making the argument unsound. Our revised model (FM2.0) focuses on the formal structure by comparing the given vs. the real argument, which is unsound because of its invalidity. This approach we believe is more pedagogically useful and a better explanation of the fallacious nature of the FDF. It extends the identity of “formal fallacy” to the FDF. The abstract is formatted in two columns. The English abstract goes on this side.Ce travail est une révision du sophisme du faux dilemme (SFD). La représentation formalisée de ce sophisme a pour pièce maîtresse un syllogisme disjonctif valide, mais la prémisse disjonctive est présumée fausse, ce qui rend l\u27argument non fondé. Notre représentation révisée se concentre sur la structure formelle en comparant l\u27argument donné à l\u27argument réel, qui n\u27est pas solide en raison de son non-validité. Cette approche nous semble plus pédagogiquement utile et une meilleure explication de la nature fallacieuse du SFD. Il étend l\u27identité du « sophisme formel » au SFD.
Embracing a Trauma-Sensitive Approach: One School’s Transformative Experience of Creating Equitable Schooling
No full textOne pathway to creating more equitable schooling is through schools becoming trauma sensitive. Students exposed to trauma are more likely to struggle in school compared to their non-trauma-exposed peers. Changing the school environment allows trauma-exposed students more opportunities to access academics. This qualitative study explores the practices and strategies employed by one elementary school (K–5) to become trauma sensitive. Based on the data, five subthemes emerged that coalesce around the overarching theme of creating a caring community to achieve a trauma-sensitive school. For the purposes of this study, a caring community is defined as a group of people sharing a common workplace who have a true interest in the well-being of others in the community. The five subthemes include (1) the faculty’s commitment to creating a safe school, (2) intentional school design to foster support (covered in Ballin, 2022), (3) a commitment to engaging families, (4) a desire to make school fun, and (5) the principal’s support of the school community. By embracing practices aligned with trauma-sensitive schooling, this small school changed the learning environment to give more children chances for success despite current and past traumatic experiences.
The Concept of International Criminal Law and Its Relationship With Transnational Criminal Law and Conflict of Laws
No full textAdapted from a recent lecture, this paper provides an historical and analytical overview of the development of the discipline of International Criminal Law identifying links and points of distinction from the cognate disciplines of Transnational Criminal Law and Conflict of Laws
The Challenges of Addressing Transnational Organized Maritime Crimes: A Review of Current Law and Practice in Djibouti
No full textThe threat of transnational maritime crimes has grown significantly in the past few years, particularly in the Gulf of Aden, due to the ongoing armed conflicts in the Middle East and Africa combined with the concomitant deteriorated diplomatic relations between states in the region. This background context has enabled organized groups to commit their crimes largely with impunity, benefiting from poor international cooperation between states in criminal matters. This article sets out the international legal framework on transnational maritime crimes and the internationally recognized definitions of major maritime crimes. It then takes the Republic of Djibouti as a case example of how the international legal framework has been incorporated into domestic legislation and assesses its enforcement in practice. The article identifies an underlying lack of international cooperation in criminal matters in respect of prosecuting transnational maritime crimes, particularly with regard to mutual legal assistance and extradition not only in respect of Djibouti but also in the Gulf of Aden as a whole. Based also on evidence gathered by one of the authors during a United Nations Office of Drugs and Crime’s workshop that took place in the Djibouti Regional Maritime Training Centre in November 2022, the article concludes that, in order to protect the peace and security of the region and implement the UN 2030 Agenda for Sustainable Development, states must enhance cooperation by entering into further bilateral as well as plurilateral agreements on cooperation in criminal matters. More importantly, in order to enhance mutual understanding, trust and the sharing of good practices, it is recommended that a judicial cooperation network in the Gulf of Aden and the Red Sea under the auspices of the United Nations Office of Drugs and Crime Global Maritime Crime Programme be established
The Development of an Online Platform to Cultivate Collaboration and Connect Post-Secondary Student Leaders Across Canada
No full textIn 2020, ten visionary undergraduate students across Canada were brought together through the 3M National Student Fellowship and tasked with developing a project that furthers STLHE’s mission of enhancing teaching and learning in higher education. To address a need for increased national collaboration among student groups and to unify student leaders in their efforts to transform higher education, we developed an online bilingual resource hub and forum—CANnect: Cross Campus Collaborations—that enables Canadian post-secondary students to learn about and engage in various areas of advocacy and activism across campuses. We worked with STLHE staff to build the online platform and drew from our own networks of student advocacy groups across Canada to populate the website. To ensure the platform’s sustainability and safety, we hired a bilingual moderator to manage the forum content and update resources. In December 2021, 19 months after we began working on the project, CANnect officially launched. Currently, our biggest challenges involve increasing platform usership and engagement, and ensuring the platform’s long-term sustainability. Nevertheless, we see great potential in this project and remain determined to enhance teaching and learning in higher education by creating an accessible and inclusive space to connect student leaders across Canada. 
Titles, experience, identities, and time: How the early career stage is defined by educational developers
No full textThis article reports perceptions of what constitutes the early career stage by newer educational developers in contrast with those experienced in the field. We collected participants’ thoughts about what constitutes early career for educational developers using an online survey, and qualitative responses were analyzed using thematic analysis (per Braun & Clarke, 2006). Aligning with Super’s (1990) lifespan career development model, this exploratory research suggests there is no single, universal definition of what it means to be an early career professional in this field, and our research suggests that self-concept is crucial in determining means to be an early career professional in this field. Further, there is a distinction between being new to the field of educational development and being ‘early career’ in a broader sense; the research findings suggest that those who come to educational development as a second or third career understand the notion of ‘early career’ differently than those for whom educational development is a first career. We discuss key themes that emerged around how participants constituted the notion of ‘early career’ and offer some common vocabulary to identify and discuss experiences of early career professionals in educational development. This research may provide new opportunities for supporting onboarding and community building, and raises areas for further exploration
Book Review: Flavia Staiano, Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction
No full textThe reviewer recommends the book as very readable but having a serious flaw in its historial argument
Ethics and Economics: an Internal Relation
No full textThe relationship between ethics and economics in the modern age is typically viewed as external.This view is usually articulated in the notion that for economic relations to be ethical, an ethic must beimposed. Otherwise, economic relations are amoral. I try to show how the relationship is actually bestexplained by adopting an explanatory framework of inter-dependent arising, according to which theemergence and development of both ethical and economic relations is a matter of mutual determination.Ethical values emerge in the course of developing economic relations and, in turn, direct or at leastimplicate economic relations. The consequences of such a view, however, are that exchange values informmoral concepts (e.g., of what is morally owed to members of a community) and moral concepts help frameeconomic ones. I offer an argument that starts with a description of an historical relationship between twodisparate cultures (English and Iroquoian). The interactions between these cultures were determinedinitially by trade and then military interests. These interests eventually underwent pressure to evolve intolegal and even religiously informed arrangements that necessarily involved certain moral values. Using apresupposition analysis, I show how this evolution was no accident and did not depend on some agent(s)imposing the moral values onto the relationship. Rather, those values arose as a matter of course. Inconclusion, the paper advances the idea that, since the relationship between ethics and economics isinternal, the ethics of economic relations needs to be formulated more in terms of understanding whateconomic relations are fundamentally designed to achieve
The Ties That Blind: The Moral Value (and Disvalue) of Anonymity
No full textThis paper has two main aims: one is to understand the mechanisms that allow anonymity to facilitate both good and bad ends; the other is to use this understanding to determine the value of anonymity relative to its disvalue across a variety of moral and socio-political domains. Building on previous work in which I characterize anonymity by what I call the ‘central anonymity paradigm,’ I argue here that anonymity is primarily instrumentally valuable as a strategic device to procure some other valued good or set of goods, and is justified derivatively to the extent that it successfully achieves this end. Here, I leave open the question whether anonymity is intrinsically good and, in the final sections, I give reasons why it should sometimes be resisted. My argument proceeds in four stages: first, I describe four domains in which the tensions between the value and disvalue of anonymity can be felt; second, I briefly present the central anonymity paradigm; third, I draw on Kathleen Wallace’s taxonomy of three kinds of anonymity (agent anonymity, recipient anonymity, and procedural anonymity) to show how anonymity is typically achieved in the paradigmatic cases, and why it is so effective at achieving and securing certain ends; and finally, I draw on the concept of “intimate anonymity” from the fields of architecture and urban design as a model for anonymity relations that preserves the individualizing benefits of anonymity—security, privacy, freedom, etc.—while encouraging individuals to form meaningful relations with others that support intimacy, trust and community. I begin with four anonymity tensions