Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith is now being severely (...) tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. -/- Drawing on contributions from a range of experts in the field, Rights of Nature: A (...) Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article ‘Should Trees Have Standing?’, the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. -/- Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy. (shrink)

Prologue: retrospective and prospective -- The ethics of enough -- Real and apparent goods -- Wrong desires: pleasure, money, fame, and power -- Right desires: the totum bonum and its constituents -- Fundamental errors in moral philosophy -- Necessary but not sufficient -- Epilogue: transcultural ethics.

Twenty-four aphasic and fifteen right brain-damaged subjects were compared on their ability to identify the objects whose use was depicted in a series of twenty videotaped pantomimes. Aphasics were inferior to right brain-damaged patients in inferring object use. Success was correlated with Performance IQ, but not with language measures. Analysis of movement features contributing to subjects' choices reveal speed of movement and object weight to be the most robust and hand shape and size to be the most fragile.

The notion of being-at-home-in-otherness is the distinctive way of thinking of freedom that Hegel develops in his social and political thought. When I am at one with myself in social and political structures they are not external powers to which I am subjected but are rather constitutive of my self-relation, that is my self-conception is mediated andexpandedthrough those objective structures. How successfully Hegel may achieve being-at-home-in-otherness with regard to these objective structures of right in thePhilosophy of Rightis arguable. What (...) is at issue in this paper is however to argue that there is a blind spot in the text with regard to nature. In Ethical Life the rational subject's passions and inclinations are brought into the subject such that she is ‘with herself’ in them; with regard to external nature no such reconciliation is achieved or even attempted. In Abstract Right external nature is effectively dominated by and subsumed into the will and it is never something in which one is with oneself. It remains outside the model of freedom that Hegel develops in thePhilosophy of Right. There is something troubling about this formulation, since it excludes nature from freedom, but also something accurate, as it reflects the unresolved attitude of moderns to the natural world. (shrink)

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand’s obligations under the United Nations Convention on the Rights of the Child. This is particularly important for the care and protection of children needing state care as the government has the (...) responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the ‘corporate parent’. This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development. (shrink)

Hobbes’ account of these issues is conspicuously brief and puzzling. Indeed it has been criticized by some commentators as ‘confused.’ I hope to show, however, that it appears confused only because it has not been read with sufficient precision. Properly understood, Hobbes’ account is both exact and profound. It is also, in my view, far more interesting as a conception of natural right than the modern ‘confusions’ which have come to be read into it.To show this, the text must (...) be read as it is presented: on its own terms, analytically and exactly. In what follows, therefore, I shall focus upon Hobbes’ definitive account of the right of nature in chapter XIV of Leviathan, with only minimal reference to other passages and other works. I do not pretend that this is the only possible approach to Hobbes on this point; but it does show how his account may be read intelligibly, and with greater respect for the power and precision of his thought. (shrink)

It is a widely accepted opinion that the Doctrine of Right is an imperfect product of Kant's later life, affected by the author's senility. This article shows (by focusing on the 'Right of a State') there is strong evidence that the printed version of 1797 delivers not the text Kant intended to publish, but an incorrect composition out of his manuscript, being assembled by third hand. In the paper the originally intended text is reconstructed by following the internal (...) cross-references given by the author. (shrink)

The alt-right claims it responsibly advocates for its positions while the Ku Klux Klan was “ad-hoc.” This allows them to accept the philosophy of white nationalism while rejecting comparisons with prior white nationalist organizations. I confront this by comparing the methodologies of alt-right trolls and the KKK. After studying each movement’s genesis in pranks done for amusement, I demonstrate that each uses threats to police behavior, encourages comradery around ethnic heritage, and manipulates politics to exclude voices from public (...) deliberation. Differences between alt-right trolls and the KKK originate in the technologies they use, not out of a concern for responsible advocacy. (shrink)

One of the great classics on democracy, Rights of Man was published in England in 1791 as a vindication of the French Revolution and a critique of the British system of government. In direct, forceful prose, Paine defends popular rights, national independence, revolutionary war, and economic growth—all considered dangerous and even seditious issues. In his introduction Eric Foner presents an overview of Paine's career as political theorist and pamphleteer, and supplies essential background material to Rights of Man. He discusses how (...) Paine created a language of modern politics that brought important issues to the common man and the working classes and assesses the debt owed to Paine by the American and British radical traditions. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

A separatist conflict has been ongoing in India-administered Kashmir since 1989. Focusing on this region, this book critiques the existing normative theories of secession, and offers a comprehensive examination of the right of sub-groups to secede. The book looks at the different accounts of the moral right to secede, and assesses both the theories themselves as well as the claims of those who want to separate Kashmir from India. Included within this analysis are the three main types of (...) normative theory that ground the right of groups to secede in principles of national self: determination, consensual governance and rectificatory justice. Previous studies have discussed the causes behind the uprising in Kashmir against Indian authority and examined some of the legal and geo-political implications of the conflict for India and the wider region. This book provides a new way of looking at the Kashmir dispute, by asking what these theories tell us about Kashmir, and in turn what the example of Kashmir allows us to learn about these theories. It is of interest to students and scholars of South Asian Politics and International Relations. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...) citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

The two basic forms of action distinguished in the preceding articles, viz., moral action, where praxis is for praxis sake, and action for a good, where praxis is for the sake of theôria, are found in close relationship to one another in human life. The part they play is rather that of abstract moments in a practical process than that of self-contained and isolable bits of conduct. No philosopher is likely to discount the importance of thus analysing the concrete into (...) its factors before he rectifies the abstraction by showing how they co-operate in actual experience. In any individual biography we can find acts and courses of action in which duty is the dominant motive, and others in which the dominant motive is desire of good. Similarly, when we compare different biographies with one another, some exemplify most strikingly the struggle for righteousness against unruly passion, others the spontaneous aspiration of the soul to attain the goal of its desire. But neither the moral law nor the summum bonum wields an exclusive sovereignty. St. Paul and Luther, in their warfare against carnal desire, drew strength from the ideal vision; nor were St. Bernard or Spinoza, for all their absorption upon union with the divine, strangers to the call of moral obligation. In the lives of ordinary men, the types of conduct are, perhaps, more evenly balanced; yet here also the distinction is discernible. Moreover, it is easy to see how, despite their intrinsic difference, they come to be associated and “by just exchange” to effect a mutual enrichment. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics (...) relies on premises that upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

In his groundbreaking book, Marc Hauser puts forth a revolutionary new theory: that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

A selection of primary sources representing varying viewpoints on the subject of animal rights.

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...) contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied (...) in other philosophical contexts and to reasons for other responses than pro-attitudes, for example in recent debates about evidentialism and pragmatism about reasons for belief. While there seems to be wide agreement that there is a general and uniform distinction that applies to reasons for different responses, there is little agreement about the scope, relevance and nature of this distinction. Our aim in this article is to shed some light on this issue by surveying the RKR/WKR distinction as it has been drawn with respect to different responses, and by examining how it can be understood as a uniform distinction across different contexts. We start by considering reasons for pro-attitudes and emotions in the context of the buck-passing account of value (§1). Subsequently we address the distinction that philosophers have drawn with respect to reasons for other attitudes, such as beliefs and intentions (§2), as well as with respect to reasons for action (§3). We discuss the similarities and differences between the ways in which philosophers have drawn the RKR/WKR distinction in these areas and offer different interpretations of the idea of a general, uniform distinction. The major upshot is that there is at least one interesting way of substantiating a general RKR/WKR distinction with respect to a broad range of attitudes as well as actions. We argue that this has important implications for the proper scope of buck-passing accounts and the status of the wrong kind of reasons problem (§4). (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of natural law. (...) Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

How do we balance the rights of aging physicians against the right of the public to competent health care? This version of a classic public health ethics dilemma is here now and likely to increase as the population ages. Peer review has long been the standard mechanism for assessing physician competence, but it is subjective and too easily subverted. New options are needed, both in medicine and throughout the professions, but they are challenging to implement. Physicians have an ethical (...) obligation to protect the health of the public by acknowledging, assessing, and addressing the cognitive effects of aging on medical competence. (shrink)

The article deals with a specific type of contract that an heir is entitled to conclude—the transfer (or sale) of the rights of succession. As a starting point, the author of the article analyses the formation and further development of the transfer of succession as a whole (hereditas) in the Roman law. Two major proceedings used by Roman lawyers for the purposes of the alienation of hereditas are analysed, one being in iure cessio hereditatis and the second taking the form (...) of emptio venditi hereditatis. The interrelations between this kind of transfer and the recognition of the possibility of the assignment of rights (cessio) under the Roman law are pointed out. The author traces the impact of the principles developed by the Roman law on the legal regulation of the contract in question in modern codification by drawing attention to the French Civil Code and the Civil Code of Quebec. The author states that the legal rules on the sale of the rights of succession contained in the new Lithuanian Civil Code adopted in 2000 have been transposed, to a large extent, from the two abovementioned codes. After analysing the object of this contract, the author concludes that it is the sale of a certain incorporeal property (res incorporales) that is meant by the terms ‘succession’ (hereditas) or the ‘rights of succession’. This feature distinguishes the analysed contract from the ordinary contracts that an heir may conclude for the purposes of the alienation of specific objects making part of the succession. (shrink)

This article examines the human rights of minorities (huquq al-aqalliyyah) in the context of the Iraqi region. In the first part of the study, the general course of Iraqi political history, including Saddam's tenure, is discussed. After an overview of the historical and political conditions of minorities in Iraq, the political discrimination against Shiite and Kurdish groups, especially during the Saddam era, and the unofficial political oppression of Shiites on Sunnis, the dominant political element in post-Saddam Iraq, against Sunni and (...) other minorities, are compared. The research also focuses on the ethnoreligious political mobilization developed by societies against this discrimination. In addition, our article explores the current situation and rights of minorities in Iraq and the reasons for their migration from Iraq. In addition, this study points out the difficulties of minority law in Iraqi practice as it is used in "Western" states and discusses the reasons for this. Because this unofficial repression against Sunnis and Kurds paved the way for the emergence of a fanatical Sunni group called ISIS in Iraq, they described non-Muslim minorities as "dhimmis" using Islamic terminology, thus trying to legitimize their murders. From this point of view, the article aims to analyze the political discrimination applied by the Iraqi state and the murders committed by ISIS in the name of Islam from the perspective of contemporary Islamic law. (shrink)

My main concern will be to show that it makes sense to speak of the rights of unborn generations against us, and that given the moral judgment that we ought to conserve our environmental inheritance for them, and its grounds, we might well say that future generations /do/ have rights correlative to our present duties toward them. Protecting our environment now is also a matter of elementary prudence, and insofar as we do it for the next generation already here in (...) the persons of our children, it is a matter of love. But from the perspective of our remote descendants it is basically a matter of justice, of respect for their rights. My main concern here will be to examine the concept of a right to better understand how that can be. (shrink)

Worldwide wisdom teaches, and philosophy demonstrates, that universally valid is only the perspective able to recognize everybody’s right to be treated in a just manner. From this point of view we have to recognize that all propositions are in some sense true, and hence that even those who are wrong are, from a particular point of view, right. Therefore, we have the duty to understand in which sense even populist stances are, at least in some sense, true. For (...) instance, they can help us to keep in mind the limits of democracy and, in this way, to escape the dangerous “democratic superstition.”. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...) and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. Professor Tuck examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. The book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

We have been led by our preliminary survey to acknowledge the autonomy of the moral life. The Tightness of an action is something that is sui generis and ultimate. It is vain to seek a reason for the rightness other than the Tightness itself. To the question, “Why ought I to do what I ought?” the only answer is, “Because I ought to do it.” 1 It is with rightness as with truth: Vera idea est norma sui et falsi . (...) In any moral situation, we intuitively judge what it is right to do, and in judging recognize that the obligation to do it is unconditional. That we possess this capacity is what is meant by saying that we are moral beings. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to (...) regard them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

Foreword by Robert H. Bork -- Culture wars -- A distorted understanding of rights -- The right to privacy -- Griswold and contraception -- Roe and abortion -- Assisted suicide and homosexuality -- Political connections and natural consequences.

South Africa’s groundbreaking constitution explicitly confers a right of access to sufficient water. But the country is officially ‘water-stressed’ and around 10 % of the population still has no access to on-site or off-site piped or tap water. It is evident that a disconnect exists between this right and the reality for many; however the reasons for the continuation of such discrepancies are not always clear. While barriers to sufficient water are myriad, one significant factor contributing to insufficient (...) and unpredictable access to water is the high percentage of broken water pumps. Previous studies have reported that between 20 and 50 % of all hand operated water pumps installed on the African continent are broken, or out of use. Monitoring and maintenance of pumps, which in South Africa is the responsibility of local municipalities is often ineffective, in part due to the distances between municipal centres and rural communities and the consequent costs of site visits, as well as breakdowns within the local bureaucratic system. The emergence of new telemetry tools that can remotely monitor water applications constitutes a novel and cost-efficient alternative to undertaking regular sites visits. Sustainable, appropriate, low-cost telemetry systems are emerging that could be used to monitor the operational performance of water pumps, or a wide range of other field parameters, and to communicate this information swiftly and cheaply to water service providers, using SMS messages. Data on the performance of water pumps could also be made available to the public online. This is an example of how ICT can be used for water resources management and environmental regulation, as well as in the governance of socio-economic rights: helping to optimize water allocation by improving communication and strengthening accountability. (shrink)

The language of rights is increasingly used to regulate access to health care and allocation of resources in the health care field. The right to health has been grounded on different theories of justice. Scholars within the liberal tradition have grounded the right to health care on Rawls's two principles of justice. Thus, the right to health care has been justified as being one of the basic liberties, as enabling equality of opportunity, or as being justified by (...) the maximin principle. In this article, Filc analyzes—from a radical egalitarian standpoint—the limitations of the different attempts to ground an equal right to health on Rawls's theory of justice and offers a first approximation to a radical egalitarian formulation of the right to health. (shrink)

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what (...) our right to associational freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties. (shrink)

Slavoj Zizek _The Fright of Real Tears: Krzysztof Kieslowski Between Theory and Post-Theory_ London: British Film Institute, 2001 ISBN 0-85170-754-8 240 pp.

James Tully and others have argued recently that the theory of property Locke defends in the Second Treatise was designed to justify European settlement on the lands of North American Natives. If this view becomes generally accepted, and Tuck suggests it will be, doubts may arise about the impartiality of Lockean property theories. Locke, as is well established and documented again by Tully, had huge vested interests in the European settlement of North America and possibly in the enslavement of Native (...) Peoples. Doubts about Locke may reflect on all rights theories of property and thus bring into question ‘one of the major political philosophies of the modem world’ (Tully, ‘Rediscovering America,’ 165). Raising these doubts is part of Tully's declared intention (Tully, ‘Rediscovering America,’ 166). His article tries to show that the Native systems of property and government which Locke defines away as illegitimate are in fact interesting and potentially beneficial alternatives to Lockean individual rights theories. (shrink)

Many writers argue that future persons cannot have rights because they do not exist now. Therefore, they cannot be our equals. Derek Parfit argues that future persons cannot claim that past persons have violated their rights. If actions of past persons alter the genetic identity of future persons, then they would not exist at all. It is argued that Parfit's view is incorrect. In such cases it is our duty to reason as if there is some real person or other (...) at some temporal distance from us whom we must take precautions not to harm. Moreover, future persons are real, determinate persons. It would be as wrong to discriminate against them as it would be to discriminate against those at spatial distance. ;In accord with Joel Feinberg, rights are interpreted as valid claims to have our interests fulfilled. If it is known in advance that all of a particular future person's basic interests have been destroyed before he or she is born, then that person has a right not to be born. With respect to genetic heritage, some inherited conditions, notably anencephaly, Tay-Sachs syndrome, and Lesch-Nyhan syndrome, do destroy all the basic interests of a person before he or she is born. Such individuals have rights not to be born. Other genetic conditions harm a child and may be a wrong her if such a condition could have been prevented by parents or others responsible for her conception or birth. ;The limitations of predictions in human genetics are reviewed, and a brief history of the misuses of information in genetics to support public policy in eugenics is given. It is argued that no wholescale public program in eugenics should be supported. But, individuals need to make responsible reproductive choices. Lineal descendants have rights not to be harmed by severely debilitating genetic conditions. Moreover, every immature person has rights to be nurtured, and parents have duties to care for children born to them. They have duties not to conceive or in some cases not to give birth to children who would be harmed by genetic diseases. (shrink)

This article considers Pablo Gilabert’s attempt to defend against libertarian critics his ambitious argument for basic positive duties of justice to the world’s destitute. The article notes that Gilabert’s argument – and particularly the vocabulary of perfect and imperfect duties that he adopts – has firm roots in the modern natural rights tradition. The article goes on to suggest, however, that Gilabert employs the phrase ‘imperfect duties’ in a manner that is in some tension with the tradition from which it (...) is derived. Indeed, Gilabert’s novel deployment of the phrase contains a number of radical possibilities that are not pursued in his text. The article suggests that Gilabert would do better to break more decisively from a tradition that insists on the essential distinction between justice and charity. (shrink)

Science, in particular physics, is a collective enterprise and is so because it is, itself, a fruit of the exquisitely social nature of human living. So it is inevitable to encounter ethical issues in the natural sciences, since the contest of differing interests and views is perennial in its practice, indeed essential to its momentum. The crucial ethical question always hangs in the air: How is the truth best served? In this paper we describe some ethical aspects of our own (...) discipline of science: their cultural context and the bounds which they delineate for themselves, sometimes in transgression. We argue that the minimalist ethic espoused in science, namely loyalty to truth, is a bellwether for the much wider, more problematic, and more vital consequences of ethics – and its failure – in human relationships at large. (shrink)