This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a partial defence, excusing (...) from the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind of music education in (...) terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

This article considers the meanings attached to refugeehood, repatriation and liberal citizenship in the twentieth century. Refugees are those who have been unjustly expelled from their political community. Their physical displacement is above all symbolic of a deeper political separation from the state and the citizenry. ‘Solving’ refugees’ exile is therefore not a question of halting refugees’ flight and reversing their movement, but requires political action restoring citizenship. All three ‘durable solutions’ developed by the international community in the twentieth century (...) – repatriation, resettlement and local integration – are intended to restore a refugee's access to citizenship, and through citizenship the protection and expression of their fundamental human rights. Yet repatriation poses particular challenges for liberal political thought. The logic of repatriation reinforces the organization of political space into bounded nation–state territories. However, it is the exclusionary consequences of national controls over political membership – and through this of access to citizenship rights – that prompt mass refugee flows. Can a framework for repatriation be developed which balances national state order and liberal citizenship rights? This article argues that using the social contract model to consider the different obligations and pacts between citizens, societies and states can provide a theoretical framework through which the liberal idea of citizenship and national controls on membership can be reconciled. Historical evidence suggests that the connections in practice between ideas of citizenship and repatriation have been far more complex. In particular, debate between Western liberal and Soviet authoritarian/collectivist understandings of the relationship between citizen and state played a key role in shaping the refugee protection regime that emerged after World War II and remains in place today. Repatriation – or more accurately liberal resistance to non-voluntary refugee repatriation – became an important tool of Cold War politics and retains an important value for states interested in projecting and reaffirming the primacy of liberal citizenship values. Yet the contradictions in post-Cold War operational use of repatriation to ‘solve’ displacement, and a growing reliance on ‘state-building’ exercises to validate refugees’ returns demonstrates that tension remains between national state interests and the universal distribution of liberal rights, as is particularly evident when considering Western donor states’ contemporary policies on refugees and asylum. For both intellectual and humanitarian reasons there is therefore an urgent need for the political theory underpinning refugee protection to be closely examined, in order that citizenship can be placed at the centre of refugees’ ‘solutions’. ☆ The article is based on a paper given at a workshop on Citizenship organized by the Centre for History and Economics and held at Robinson College, Cambridge on 14–15 July 2008. It draws largely on archival research undertaken for my Ph.D., The Politics of Refugee Repatriation in the Twentieth Century, which was completed in July 2009 at the University of Cambridge. My particular thanks to Melissa Lane and Matthew Gibney for their help in developing these arguments, and to the archivists at UNHCR and the League of Nations Archives at UNOG. (shrink)

This book uses an incidence approach to look at the economic repercussions of birth defects. The authors investigate eighteen of the most clinically significant birth defects affecting 35,000 newborns each year in our country. Their assessments suggest that the annual cost of these eighteen birth defects, together, is more than eight billion dollars . The authors describe in detail their methodology and data sources while providing thorough accounts of each of the eighteen birth defects. Waitzman, Scheffler, and Romano break new (...) ground by using reports from the California Birth Defects Monitoring Program in order to provide cost estimates. They illustrate to the reader how cost estimates of specific birth defects can be used to justify prevention interventions and strategies. In chapter seven, they provide an important example, showing cost-benefit analysis of a program of folate supplementation of food to prevent neutral tube defects. Contents: List of Tables; Preface; Acknowledgements; Introduction; The Application of Cost-of-Illness Methodology To Birth Defects; The Direct Medical Costs of Birth Defects; Nonmedical Direct Costs of Birth Defects: Developmental Services and Special Education; The Indirect Costs of Birth Defects; Premature Mortality and Heightened Morbidity; An Assessment of Total Costs and Policy Implications; Description of Birth Defects; Description of Major Data Sources; Index. (shrink)

Community engagement is increasingly defended as an ethical requirement for biomedical research. Some forms of community engagement involve asking the consent of community leaders prior to seeking informed consent from community members. Although community consent does not replace individual consent, it could problematically restrict the autonomy of community members by precluding them from research when community leaders withhold their permission. Community consent is therefore at odds with one of the central principles of bioethics: respecting autonomy. This raises the question as (...) to how community consent can be justified or even required. This paper aims to provide an answer to this question by arguing, based on the work of Taylor and Kymlicka, that community practices are important for the identity and autonomy of community members. When these practices are incompatible with a solitary focus on individual informed consent, they need to be protected by making these decision‐making practices (including asking permission to community authorities) part of the consent process. Since these decision‐making practices are important for the autonomy of community members, community consent with the goal of protecting these practices is not necessarily in conflict with autonomy. (shrink)

Photo by Alex Guillaume on Unsplash Introduction The problem of climate change raises some important philosophical, existential questions. I propose a radical solution designed to provoke reflection on the role of humans in climate change. To push the theoretical limits of what measures people are willing to accept to combat it, an extreme population control tool is proposed: allowing people to reproduce only if they make a financial commitment guaranteeing a carbon-neutral upbringing. Solving the problem of climate change in (...) the long run by halting the procreation of human beings is controversial. In the absence of human beings and consequent climate change, other animals and plant species would benefit from an atmosphere more conducive to prolonging their existence and even improving their ability to thrive. If someone were to invent something to reverse the effects of climate change and improve animals’ lives, then human beings’ presence would be justified by the invention. Whether the propagation of the human species is beneficial to anyone or anything but human beings themselves is difficult to answer. Perhaps human beings are unfit to tackle this issue, being unable to judge it objectively. Managing Procreation: An alternative to Piecemeal Approaches Measures aimed at reducing greenhouse gases by nudging individuals and corporations may have a positive effect, but if their behavior is not climate neutral, they continue to contribute to climate change. Consequently, as long as the number of people increases, reducing greenhouse gases is at best a mitigation tool. If humans could rely solely on renewable energy, decreasing the population arguably would not be necessary. Significantly reducing the number of people appears to provide a solution to both problems: people who do not exist do not contribute to climate change, and renewable energy could meet the demand of a smaller population. One option is to let only those who produce the problem pay for its solution. One could determine the expected annual emission of greenhouse gases per person, assuming an average life expectancy, and calculate the costs to compensate them by, e.g., installing extra solar panels. Those expected costs could then be paid by the parents of each new person annually over the first eighteen years of that person’s life by dividing the total expected costs by eighteen. There are also practical difficulties. It would be difficult to determine the payment necessary. What should be done if a child has been born whose parents cannot afford to pay? In addition, child benefits could be canceled, contrary to recent incentives for child births instated in Italy,[1] where additional benefits will be made available to pay for childcare, and Hungary,[2] where women with four children or more will be exempted for life from paying income tax. A transition period could exist once the policy has been adopted, since it would be unreasonable to confront those who are already pregnant with costs they could not reasonably have expected. While the analysis is both hypothetical and theoretical, the impracticality is a noteworthy obstacle. There are several practical issues that cannot be addressed here, like the difficulty of calculating the added negative effects of each new individual and the unlikelihood that many citizens will support politicians who propose adopting policies that discourage having children. The upshot of what I have proposed is that climate change can be solved in the long run without financial costs to society as a whole, notwithstanding the transitional measures that would bring costs with them. Managing Procreation to Reduce Suffering Should this be deemed too harsh a stance, it is important to consider the basic issue of whether it is justified to introduce measures to reduce the number of people in an already overpopulated world, especially if climate change leads to additional suffering. One need not agree with Benatar, but his perspective must at least be taken seriously: It is curious that while good people go to great lengths to spare their children from suffering, few of them seem to notice that the one guaranteed way to prevent all the suffering of their children is not to bring those children into existence in the first place.[3] Benatar argues that non-existence is preferable to existence,[4] which raises the question why new people should be created at all. Those who question whether this planet will be habitable for future generations presuppose that such generations will exist. If people are not brought into existence, they may be said to be deprived of what life has to offer, but life must not be presupposed to be something positive. Whether this is the case in fact merits an inquiry of its own. A solution to the problem of climate change despite an increased population does not equate to a positive outcome since it merely means that something negative is removed. After all, solving the problem is not a means to an end, but a means to a means, the latter means being a means to a happy life, which does not automatically ensue from a solution to the problem. Benatar, as an anti-natalist, argues that procreation is morally wrong. His basic idea is that there is an asymmetry between pleasure and pain and that the pleasure that is not experienced by someone because that person does not exist is not something bad whereas the absence of pain that is not experienced – for the same reason – is something good.[5] Accordingly, “The reason why we do not lament our failure to bring somebody into existence is because absent pleasures are not bad.”[6] One may question whether such a perspective suffices to prove that coming into existence is always a harm, but the assertion that coming into existence exposes a new being to potential harm is clear. Objections A drawback of the proposed radical solution, placing the financial impediment on procreation, is that it will not solve climate change in the short run. A significant drop in the number of people may have a positive effect in the long run, but for now the behavior of the people in existence is the problem. Other climate change mitigation policies would necessarily continue. Additionally, there are important practical reasons to continue to procreate. The benefits for the elderly are paid for by the labor force. It is a problem that new generations are created as mere means to benefit older people. Perhaps more troubling, a pyramid scheme is created: by the time those people have themselves become old, a new labor force must have been brought into existence, a process that must presumably continue. If a consideration for people in developing countries to have children is that they cannot provide for themselves at an advanced age, while benefits are either lacking or insufficient, developed countries could collectively fund a pension scheme.[7] This may be low-cost if it is tailored to the living standard in the countries in question and given the life expectancy. Such a pension scheme should be predicated on the countries’ efforts in reducing the birth rate. If the labor force decreases, the economy may suffer. The focus on economic growth is arguably one of the causes of climate change, but if the number of people is reduced, the living standard does not have to be compromised, since the economy can then still grow. If fewer people began to use natural resources and nonrenewable energy at higher per capita rates, then the procreation might not be beneficial to the climate. It would need to be accompanied by regulations on use. One may also object that only wealthy people will be able to afford children. This is correct, but there is no right to have a child one cannot afford. The right to procreate does not entail the right to have as many children as one wants.[8] Yet in many countries, like the United States, it is a fundamental right that is constitutionally protected. There are numerous social, emotional, and even biological reasons why people choose to procreate. These may include the joy of having a family, the hope that children may bring in society, and the intergenerational transference of knowledge. People may have a strong desire to raise children or even a religious duty. If someone procures a sports car that is highly polluting, it would be justifiable to impose a tax in such a case. Many taxes and fines are imposed on corporate polluters. Procreation is significantly different but if the issue is regarded with some distance, then a climate change prevention tax could be appropriate. Some may argue that raising children is expensive already, which nonetheless does not deter people from having children. The tax I propose would be additional and specifically dedicated to carbon neutrality, but it would be difficult to predict whether it would discourage procreation. One last objection may be that for those now dedicated to sustainability for preserving the earth for the sake of future generations, there would be little or no incentive to continue any climate change mitigation efforts at all. If they sense they cannot afford to procreate, they may simply use every natural resource rather than save the earth for animals or for next generations. In a democracy, this problem does not exist if the majority can afford to procreate and agree with legislation on the basis of which such behavior is discouraged or punished. CONCLUSION Prior to their existence, there is no obligation to bequeath the earth to next generations. Such generations will only exist if they are actually created, and there is no obligation to create them. The lack of existence should not be confused with harm. Climate change provides an important reason to stem overpopulation. Ironically, fast rates of procreation may lead to the earth becoming uninhabitable for humans altogether. The radical solution that has been proposed here is an unrealistic scenario. For now, the average global birth rate is just over 18 per thousand people, but there is a need to ensure that the number of people is not greater than the planet can endure. While it is better to prevent problems than to solve them, the interest in procreation and its associated joys, usefulness, and cultural value make mass reduction in the population unlikely. Some countries have smaller average family size than others and can act as models for reducing population in a less radical way. The need to continue efforts to reduce climate change persists. Whether it would curb population growth or not, an additional financial burden applied to neutralizing each person’s offspring’s carbon footprint provides a meaningful thought exercise that could help alleviate the pressure on current climate mitigation strategies. [1] The Local Italy, How Italy’s new ‘Family Act’ aims to increase the plunging birthrate, https://www.thelocal.it/20200612/what-you-need-to-know-about-italys-new-family-act/. [2] BBC, Hungary tries for baby boom with tax breaks and loan forgiveness, https://www.bbc.com/news/world-europe-47192612. [3] David Benatar, Better never to have been, 6. [4] David Benatar, Better never to have been, 44, 58. [5] David Benatar, Better never to have been, 14, 30, 38. [6] David Benatar, Better never to have been, 35. [7] Alastair Leithead, “Can Niger break out of its cycle of poverty?”, https://www.bbc.com/news/world-africa-41018081; Sebastien Malo, “Fewer children, fewer climate risks? Niger ponders a controversial option”, https://www.reuters.com/article/us-niger-climate-change-familyplanning-idUSKBN1WM11E. [8] Sarah Conly, “The Right to Procreation: Merits and Limits,” American Philosophical Quarterly 42, no. 2 : 105-115, 105, 106. (shrink)

Recent anthropological analyses of Chinese attitudes towards privacy fail to pay adequate attention to more ordinary, but more widely shared ideas of privacy – ideas that, moreover, have changed dramatically since the 1980s as China has become more and more open to Western countries, cultures, and their network and computing technologies. I begin by reviewing these changes, in part to show how contemporary notions of privacy in China constitute a dialectical synthesis of both traditional Chinese emphases on the importance of (...) the family and the state and more Western emphases on individual rights, including the right to privacy. This same synthesis can be seen in contemporary Chinese law and scholarship regarding privacy. A review of recent work in philosophical ethics demonstrates that information ethics in China is in its very early stages. In this work, privacy is justified as an instrumental good, rather than an intrinsic good. I argue by way of conclusion that privacy protections will continue to expand in China, in part under the pressures of globalization, increasing trade with and exposure to Western societies, and the increasing demands for Western-style individual privacy by young people. Even so, I argue that these emerging conceptions of privacy will remain distinctively Chinese – i.e., they will retain a basic consistency with traditional Chinese values and approaches. (shrink)

Dissertation Summary—Mark Taylor My dissertation explores forgiveness and revenge within a narrative conception of human lives. In Chapter One, I lay out an account of human life stories and argue for its advantages in understanding the value of redemption. In particular, I suggest that the goods we care about in our lives depend on their integration into the way we see ourselves as persons who exist through time. Forgiveness and revenge can recontextualize moments from our past and infuse them (...) with a new meaning. Building on Peter Goldie’s work, I identify unity, purpose, direction, and truth as qualities of life stories toward which forgiveness contributes. I examine some of the psychological literature to understand the role our internal narrative plays in making sense of the world (and the lack of sense when that narrative fails). I conclude by defending against a well-known objection from Galen Strawson against narrative analysis. In Chapter Two I take up a qualified defense of the rationality of revenge. My motivation in doing so is a link in the logic between revenge and forgiveness. If revenge is always straightforwardly irrational, forgiveness is undermined. My strategy to defend revenge is to give a taxonomy characterizing it and then pick out its most justifiable form. I argue that revenge at its best is a form of caring about one’s past, or the past of a loved one. I defend this form of revenge against various objections, especially that it is pointless or involves a rational error about one’s own untouchable value as a person. I argue that the point of revenge is to ‘change the ending’ of the offender and victim’s relationship. I also argue that focus on objective value misses the point: what is threatened is not the victim’s objective value as a person, but the value of a life story worth having. In Chapter Three I lay out my own account of forgiveness. I first provide several characteristic features of forgiveness, and then describe two camps in the literature that disagree about whether forgiveness is primarily a private matter of the heart or a public matter of treatment. I then argue for what I call ‘inaugurated forgiveness’ as a synthesis between these emotional and behavioral views. I suggest that forgiveness begins with a commitment toward the offender, but takes time to come to its emotional culmination. The nature of that commitment is a second-order endorsement of the desires of love over the desires of resentment. I also highlight the importance of hope as the operative forward-looking virtue rather than trust. Forgiveness involves committing oneself to openness to eventual redemption and reconciliation, but does not require the unjustified trust that the offender can be redeemed or reconciled at the moment of forgiveness. In Chapter Four I examine the underlying reasons for forgiving and avenging. I argue that personal reasons have a legitimate role to play in these practices, rather than merely impersonal considerations. Impersonal reasons, such as generic respect for personhood, or desert, play a dominant role in the literature where a major concern is to find a justification of forgiveness within a moral justice conception. Personal reasons are tied to the basic cares and commitments of a life, and these projects are what the life is about as a whole. There is thus an important connection between the narrative direction of a life and its ground projects. Forgiving for personal reasons is a way of giving appropriate weight to the particular life one has. I argue that personal reasons give us a way of understanding how forgiveness is elective and generous. I conclude by using this analysis to briefly outline some strategies for arguing for forgiveness over revenge. For example, I suggest that arguments against revenge need to begin from the victim’s ground projects, such as each person’s commitment to seeing the world truly, or the desire for one’s community to flourish; I suggest that forgiveness usually allows better epistemic access, and better protects one’s intimates. (shrink)

The nature and value of autonomy has long been debated in diverse philosophical traditions, including moral and political philosophy. Although the notion dates back to ancient Greek philosophy, it was during the Age of Enlightenment that autonomy drew much attention. Thus, as may be known, moral philosophers tended to emphasize self-regulation, particularly one’s own will to abide by universal moral laws, as the term “autonomy” originates from the Greek words “self” (auto) and “rule” (nomos). In parallel, modern epistemologists supposedly (...) espoused the idea of intellectual autonomy as self-reliance. In this classical view, an intellectually autonomous explorer of knowledge must not depend on a belief that is obtained from another’s testimony, until one can justify it to oneself. However, accompanying the growing focus on the importance of social dimensions of acquiring knowledge and understanding, recent epistemologists have doubted the classical view and have since reconsidered intellectual autonomy from distinct approaches such as social and virtue epistemology. This paper propounds an interpersonal-epistemic approach to intellectual autonomy. First, it is argued that thinking through questioning both individually and with other epistemic peers is an interpersonal-epistemic practice. Second, it is demonstrated that with particular cognitive features inherent within us, an intellectually autonomous person must think through questioning in necessary situations. This interpersonal account of intellectual autonomy can conceptually enrich intellectual autonomy by considering its relationship with not only responsibility but also with vulnerability. Specifically, regarding responsibility, an intellectually autonomous person must be responsible for his or her own actions throughout questioning processes. Regarding vulnerability, our intellectual autonomy lies in retaining autonomy with vulnerability in the plastic control of the questioning processes. (shrink)

The idea that «natural» environments should be protected is a relatively recent one. This new attitude is reflected in the activities of preservation and restoration of natural environments, ecosystems, flora and wildlife that, when scientifically based, can be defined as conservation. In this paper, we would like to examine the framework of values behind these activities. More specifically, we would like to show that there is no single specific reason that can justify conservation in each of its manifestations It is (...) therefore necessary to adopt a complex framework of values, which must be composed carefully, since many of the canonical arguments used to justify conservation provide, when combined together, an incoherent or, at least, incomplete set of reasons. One way to avoid these inconsistencies or incompleteness is, in our view, to adopt, in conjunction with the classic economic and ecological arguments for conservation, a set of arguments appealing to the importance of nature for human flourishing. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

Decisions in democracy are binding not in virtue of being true or good, but on account of being an outcome of the majority voting procedure. For some, this is a proof of an intricate connection between democracy and moral relativism. The ‘militant democracy’ model, on the other hand, is premised on the idea that certain political actors and choices have to be banned for being fatally bad for democracy. This gives rise to the claim that protected democratic fundamental values of (...) freedom and equality enjoy the status of absolute moral standards. This article dismisses the intuition that justification of ‘militant democracy’ depends on unpacking the relation between democracy and meta-ethics. Instead, following Bernard Suits’ analytical exposition of the important features of games, it demonstrates, first, how democracy is like a game and, then, it argues that a plausible justification of ‘militant democracy’ stems from its game-like character. (shrink)

The Netherlands is a small country with many people and much livestock. As a result, animals in nature reservations are often living near cattle farms. Therefore, people from the agricultural practices are afraid that wild animals will infect domestic livestock with diseases like Swine Fever and Foot and Mouth Disease. To protect agriculture (considered as an important economic practice), very strict regulations have been made for minimizing this risk. In this way, the practice of animal farming has been dominating (...) the practices of nature management completely. If, for instance, Foot and Mouth Disease strikes an agricultural area, all wild pigs and cattle living in the nearby nature reservations have to be killed, whether infected or not. This dominant position of one practice over the other has now become problematic. While the morality of the practice of nature management seems to be very different from the morality of agriculture and agriculture has become less important from an economic point of view, the public as well as those involved in nature management no longer seem to accept the dominant position of agriculture. Besides a literature study, we performed a field study with in-depth interviews with experts from both practices to analyze the dynamics of the internal moralities of both practices in the previous century, in order to clarify the contemporary situation. The conclusion was that the traditionally strong position of agriculture is not only weakening; it also appears that the internal values of agriculture are changing. The experts from both sides agreed that, in case of a disease outbreak, it is neither ethically justified nor necessary (because of the estimated low risk of disease transfer) to destroy the animals in nature reservations as a routine preventive measure. This is a major shift in morality. (shrink)

The paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in (...) Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance. (shrink)

Traditionally, political philosophers and theorists (from Plato and Aristotle to Montesquieu) not only systematically distinguished a greater number of political regimes than we are accustomed to distinguish today (identifying several varieties of democracy and non-democracy, according to several normative criteria) but also used these distinctions for specifically evaluative purposes: distinctions among political regimes corresponded to the degree to which a political regime facilitated important values (e.g., the common good, the good life, freedom, etc.). Questions of evaluation often took priority (...) over questions of justification. Contemporary political theory, by contrast, with some exceptions, has mostly operated within the restricted distinction between (liberal) democratic and non-democratic regimes, and has failed to attend to the morally significant differences among "imperfect" or "less justified" political regimes. Questions of justification have mostly taken priority over questions of evaluation. In this paper, I explore the possibilities for constructing an evaluative theory of imperfect (or not fully justified) political regimes. I argue that a political regime is a system for the division of the labor of political decisionmaking that can (and has historically been) evaluated from three different perspectives: the perspective of the decisions made through it, the perspective of the interests promoted and protected through it, and the perspective of its stability in regards to the kinds of characters it fosters and through which it is sustained. Each of these perspectives provides their own criteria for evaluation: the idea of a well-organized regime for the "decisions" perspective, the idea of a public-goods producing regime for the "interests" perspective, and the idea of a "resilient" regime for the stability perspective. Nevertheless, I also show that these criteria are not necessarily congruent with one another, and that a fully justified regime need not be ideal along any of these dimensions. I suggest that this problem is unavoidable insofar as political regimes facilitate the pursuit of more than one central value. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Vaccine hesitancy is a growing threat to public health. The reasons are complex but linked inextricably to a lack of trust in vaccines, expertise and traditional sources of authority. Efforts to increase immunization uptake in children in many countries that have seen a fall in vaccination rates are two-fold: addressing hesitancy by improving healthcare professional-parent exchange and information provision in the clinic; and, secondly, public health strategies that can override parental concerns and values with coercive measures such as mandatory and (...) presumptive vaccination. It is argued that such conflicting, parallel approaches seriously risk undermining trust that is crucial for sustaining herd immunity. Although public health strategies can be ethically justified in limiting freedoms, a parent-centered approach seldom acknowledges how it is impacted by contemporaneous coercive measures. In addition, the clinical encounter is not well suited to helping parents consider the public dimensions of vaccination, despite these being important for trust formation and informed decision-making. Efforts to address vaccine hesitancy require more consistent engagement of parental and citizen views. Along with evidence-based information, debates need to be informed by ethical support that equips parents and professionals to respond to the private and public dimensions of vaccination in a more even-handed, transparent manner. Efforts to address vaccine hesitancy need to avoid simple reliance on either parental values or coercive public policies. To do this effectively requires increasing citizen engagement on vaccination to help inform a parent-centered approach and legitimize public policy measures. In addition, cultivating a more ethically consistent strategy means moving beyond the current silos of health ethics - clinical and public health ethics. (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for a reading or (...) redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

The contribution of food and diet to health is much disputed in the background culture in the US. Many commercial or ideological advocates make claims, sometimes with health as a primary goal, but often accompanied by commercial or ideological interests. These compete culturally with authoritative recommendations made by publicly funded groups. For public policy concerning diet and health to be legitimate, not only should it not be inconsistent with the scientific evidence, but also it should not be inconsistent with the (...) political environment. Healthy Eating Policy and Political Philosophy (HEPPP), by Barnhill and Bonotti (2022), addresses how policy in this complex area might be justified. In the present essay I highlight some important strengths of their work and also make some points about how it might be clarified or enlarged in scope. The great strength of HEPPP is that it emphasizes the role of a political philosophy in evaluating the legitimacy of public policy. They presume a well-off liberal democratic state, and specifically they draw on Rawls’ political liberalism, as developed in Political Liberalism (PL). One of several interlocking technical concepts developed in this book, public reason speaks to the boundaries of what should be acceptable in public deliberation about constitutional essentials and basic justice. HEPPP explores the application of an extension of public reason to the justification of policies related to “healthy eating.“ Public reason has two components, both of which pertain to a common understanding among citizens: (1) a common understanding of the principles and ideals that are the foundation of the political society, and (2) a common understanding of the standards that govern reason and evidence, including common sense. HEPPP argues that even though for diet and health the complexity of the scientific evidence goes far beyond anything like common sense for a typical citizen, the technical idea of “accessibility” of the scientific evidence justifies reliance on it within the concept of public reason. I question this accessibility argument about scientific evidence and public reason because the nature of the population-level epidemiological evidence about diet and health is that it often includes judgments that are based on arguable interpretations, framing incidence in terms of risk and prevention; thus the issue is more than one of potential accessibility of scientific evidence. Nevertheless, evaluation and consideration of the scientific evidence is of obvious practical importance in policy deliberation concerning policy related to what Rawls call “ordinary legislation.“ Even though public reason applied to healthy eating policy may not be as pertinent as it is for constitutional essentials and basic justice, and even though it is unlikely to result in a “correct outcome,“ invoking reasons based on political values and principles held in common has important value even in these deliberations about more ordinary questions. That value applies not to the specifics of the particular issue, but to the larger context for the particular policy being deliberated, as a potential contribution to an overlapping consensus that is stable for the right reasons. If this vision of political liberalism were achieved, then contentious debate about health eating policy and its scientific basis could occur within that context and be resolved within the basic political structure. Because public health and political liberalism have a common concern for a good at the population level, they have an underlying affinity. Healthy eating policies could be evaluated in two not-unrelated ways: based on their instrumental contribution to the good of the public body of citizens as population-level health, and according to their stabilizing contribution to an overlapping consensus among citizens. In this latter way a policy would contribute to a conditional integral common good a la Sulmasy, one that has the prospect of conditioning a political system, and by doing so create the conditions of the possibility of a constitutive integral common good that is constituted on the right reasons for allegiance to an overlapping consensus. To conclude with reference to HEPPP, public reason may play an important function with respect to the political common good, even as debates about the weight and meaning of scientific evidence from epidemiology play out in deliberation of ordinary legislation concerning healthy eating. (shrink)

Nowadays, it seems easy to regard some of the values and purposes that have led us to the society we live in today as dysfunctional. However, searching for a villain that justifies all our pain and confusion in recent years is a vain undertaking. It is imperative to protect the good in our society and to discover what we need to improve and accomplish. In this sense, spirituality is our unresolved issue. The purpose of this article is to survey the (...) different deliberations about capital as a measurable value of companies and to explore whether spiritual capital can be a new one, or even more importantly, an important one. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

This article raises the question of whether in both the United States and in France, an individual’s autonomy and private decision-making right in matters of health care and access to reproductive technologies can be conciliated with the general interest, and more specifically, the role of the State. Can a full-fledged right to privacy, the ability to exercise one’s autonomy, exist alongside the general interest, and depend neither on financial resources like in the United States nor on centralised government decisions or (...) the medical hierarchy like in France? The contrast between these two modern democracies justify the importance of comparing them. I will demonstrate that overlaps do exist: the free exercise of religion and opinion, freedom of expression, the inherent value of each individual. What differs, however, are the institutions and how they provide, protect, promote, or frame access to and expressions of these democratic principles. The impact of the global economy, the exposure of people around the world to each other via the internet, and the mirror effects of social media, blogs, and other such forums, have created new perspectives that countries project onto one another. For example, does France now seem to tout ‘autonomy’ as a new and important value because it appears to be an ‘American success story’? Does the United States now seem to value human rights and a social-democratic approach because of the ‘French model’? There seems to be some truth behind these assertions, but as this article will demonstrate, the portrayals of what the ‘right to privacy’ is in the United States and what ‘socialised medicine’ is in France are not necessarily fully accurate. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both (...) peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Duality and Non-Duality in Christian Practice:Reflections on the Benefits of Buddhist-Christian Dialogue for Constructive TheologyWendy FarleyThe question before us is the desirability of Buddhist-Christian dialogue in the work of (what Christians call) constructive theology. As a feminist theologian whose work is ever more deeply shaped by such a dialogue, my immediate answer is an unequivocal yes.1 This dialogue fits a general pattern over two thousand years in which theologians (...) have drawn from the wisdom of other traditions or cultures to better understand the mysteries of human experience. Without neo-Platonism and Aristotle there could hardly have been anything we recognize as Christian theology. Without pre-Christian Irish religion, there would be no Saint Brigit or Celtic Christianity. Without phenomenology, process, and Marxist philosophy the greatest works of twentieth-century Christian thought would not exist. Christianity, like all religions, is a moving river changed by time and culture and nearly as interiorly diverse as its members. The dialogue with Buddhism might be seen as a contemporary example of Christianity's openness to exchange with other ways of thinking that broadens and deepens its best insights. It is perhaps analogous to Origen's reliance on neo-Platonism or Thomas Aquinas's inspiration by the rediscovery of Aristotle.2The porous boundaries between Christianity and its culture open it to wisdom beyond itself but they also open it to cruelty and ignorance. Nothing protects religions from participating in the human condition and thus the prejudices and power structures that mutilate human society. Consumer culture and oppressions by class, ethnicity, and gender are seamlessly incorporated into Christian identity. The tacit synthesis of a culture's values with those of a religion neutralizes possible critique and can elevate a society's oppressions to a sacred duty. For this reason, too, dialogue with Buddhism is important to call Christianity back to its ethical moorings in the ideal of universal love and compassion.Religions are porous to the world around them, but they tend to conceal this from themselves and often imagine themselves to be not only untainted but also uniquely [End Page 135] qualified to mediate salvation. Religions provide human beings with language and practice through which dimensions of reality that cannot simply be read off of nature or experience are (in some sense) encountered. This is their great gift. The difficulty of religions is that tradition can become an end in itself. Because a tradition really does offer meaning and tools for transformation it is easy to slip into the existential posture of so idealizing a tradition that it seems in some direct and exclusive way to correlate to ultimate truth. The curvature of the ego onto itself, so attached to its own pain and pleasure that everything else seems a mere shadow, moves from the microcosm of the self to the macrocosm of religious tradition. The particular religion—or that element within it with which I identify—becomes identical with sacred reality. In the hostility to other religions characteristic of many Christians we see the illusion of egocentrism in its religious form. Paul Tillich described this tendency to absolutize itself as the demonic distortion of religion.3 Religious dialogue is a potent medicine against this overattachment to one's own tradition.These different senses in which a religion integrates into itself the wisdom and illusions of its time and place create enormous diversity within a religious tradition. Root concepts within Christianity concerning soteriology, divinity, and suffering do not have any agreed upon meaning. That is, there is no "Christian" view of salvation. Gregory of Nyssa's ideal of theosis, Luther's emphasis on salvation by grace through faith, an evangelical's experience of being born again, a liberal Protestant's commitment to social justice are so diverse that they seem to represent almost different religions.In light of the malleability and interior diversity of traditions, dialogue may not be between two self-sufficient religions but between participants who inhabit their tradition in a variety of ways.4 With this in mind, I would like to experiment with practice as a basis for some kinds of dialogue. Practice is concretely located in a religious tradition and yet reflects... (shrink)

In a recent response to our paper on developing a philosophical framework to guide the design and delivery of a just health service, Sarela raises several objections. We feel that although Sarela makes points which are worthy of discussion, his critique does not undermine either the need for, or the worth of, our proposed model. First, the law does not negate the need for ethics in determining just healthcare policy. Reliance on legal processes can drive inappropriate focus on ensuring (...) policies avoid judicial review, as opposed to ensuring they are truly just; the law affords protection against unjust policies but does not put a commitment to avoiding them at the heart of policy-making. We defend the need for Scanlonian supplementation by emphasising the practical value of adding a step based on reasonable rejection, particularly in ensuring that the views of vulnerable stakeholders are robustly considered. We discuss the similarities and differences between the work of Daniels and Sen in considering the relationship between health and opportunity, concluding that Sen’s capability approach is both valuable and compatible with our proposed model. Finally, the practical use of our model requires consideration of what constitutes a reasonable person. Our model is explicitly intended to help develop a healthcare system which is just to all its users. With this in mind, we suggest that those involved in decision-making should meet Scanlon’s definition of reasonable: they should be motivated to justify their actions to, and seek agreement with, others. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)

Humans experience a profound and indescribable emotion when they unearth artifacts from ancient times. Scientific disciplines like paleontology and archaeology reflect our curiosity and desire to understand the natural world’s past and evolutionary history. Physics also invests significant effort in exploring the origin and evolution of the universe. In social life, the study field of humanities also has journals about art history, such as the Art History or Journal of Art History. Through our shared thoughts and efforts to restore humanities (...) for the cause of ecological and biological conservation, we have discovered a picture of a kingfisher taken nearly a century ago by A. F. Skutch in The Condor. Obtaining such a vivid, genuine, and emotionally evocative image was no easy task. This image has the power to stir the thoughts and awaken the conscience of the viewer, emphasizing the importance of a vibrant environment. (shrink)

While maintaining the importance of privacy for critical evaluations of surveillance technologies, I suggest that privacy also constrains the debate by framing analyses in terms of the individual. Public space provides a site for considering what is at stake with surveillance technologies besides privacy. After describing two accounts of privacy and one of public space, I argue that surveillance technologies simultaneously add an ambiguityand a specificity to public places that are detrimental to the social, cultural, and civic importance of these (...) places. By making public places accessible to other places and/or times, surveillance technologies make these social contexts ambiguous by blurring their spatial and temporal bounds. At the same time, surveillancetechnologies valence public places in functionally specificways that are detrimental to informal civic life. To complement defensive approaches to surveillance technologies based onindividual privacy, I conclude by suggesting how sociality as a relational value or an ethics of place as a contextual value could provide a proactive line of reasoning for affirming the value ofthat which is between people and places. (shrink)

Research studies and interventions sometimes offer potential benefits to subjects that compensate for the risks they face. Other studies and interventions, which I refer to as “nonbeneficial” research, do not offer subjects a compensating potential for benefit. These studies and interventions have the potential to exploit subjects for the benefit of others, a concern that is especially acute when investigators enroll individuals who are unable to give informed consent. US regulations for research with human subjects attempt to address this concern (...) by mandating strict protections for nonbeneficial research with subjects who cannot consent. Typically, humans who cannot consent, such as children, may be enrolled in nonbeneficial research only when it poses low risks and has the potential to gather information of sufficient value to justify the risks, an appropriate surrogate gives permission on the individual’s behalf and the individual agrees (assents). In contrast, US regulations for nonbeneficial research with nonhuman primates do not include these protections, even though it too involves subjects who cannot consent and who face risks for the benefit of others. Is this difference in regulatory protections justified? Or does the principle of fairness—treat like cases alike—imply that regulations for nonbeneficial research with nonhuman primates should include protections similar to those that apply to nonbeneficial research with humans who cannot consent? (shrink)

Adolescent sexuality is one of the most important reproductive health issues that confronts healthcare professionals with moral dilemmas and legal issues. In this study, we aim to justify the at-risk adolescents’ regulations on access to key reproductive health services (KRHSs) based on principles of Islamic biomedical ethics and jurisprudence. Despite the illegitimacy and prohibition of sexuality for both girls and boys in Islamic communities, in this study, using 5 principles or universal rules of purpose; certainty, no-harm; necessity; and custom, (...) we argue that first, applying these principles in the context of the no-harm principle can provide the best interests of at-risk adolescents; second, it is permissible to provide KRHSs to these adolescents with their own assent, as long as necessary, only with the intention of preventing or reducing harm. In this framework, while preventing harm, it tries to provide the best interests of at-risk adolescent. Thus, the principle of no-harm requires that the government, by designating the responsibility to healthcare professionals, protects at-risk adolescents from harm, and obliges these professionals to choose and implement the option that best suits adolescents’ interests. (shrink)

The values framework of a society is best reflected in contemporary literature. This essay is an attempt to identify the values that influenced the socio-political behaviour of the people of times of Kālidāsa. How relevant are those values now? Nature plays an important role in Kālidāsa's plays. Part I of this essay deals with this aspect of his plays. This value is certainly coterminous with the growing consciousness about protection of ecology in modern times. Part II of the (...) essay deals with another important aspect of Indian philosophy—with out sorrow, without pain, pleasure cannot be achieved. Part III of the essay discusses general social values which emerge from the plays. Part IV describes the political and administrative values that guided the actions of the kings and rulers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE QUEST FOR AN ADEQUATE PROPORTIONALIST THEORY OF VALUE RoNALD H. McKINNEY, S.J. U'IWversity of Scranton Scranton, Pennsylvania EDWARD VACEK shrewdly observes that proportionalism attempts to synthesize the crucial insights of both the teleologist and the deontologist.1 Indeed, Vacek provides a fine summary of this achievement. However, he reflects that the most underdeveloped feature of proportionalism is its value theory by which we are enabled to know (...) how to resolve conflict situations.2 Richard McCormick, among others, has attempted to meet this deficiency by ·adopting John Finnis' notion of associated basic goods. In this essay, I will show how such an ·approach fails to remain true to the basic aims of proportionalism. Nor should this come as a surprise, since Finnis is himself indebted to one of McCormick's archopponents, Germain Grisez. Moreover, I will attempt to outline the elements involved in a non-hierarchfoal theory of value which I will argue to be the only adequate alternative to McCormick 's attempted solution. Deontologists argue that certain acts are right or wrong regardless of the ·consequences. Proportionalists, however, are opposed to such notions as an " intrinsically evil " act or an "absolute" duty, since they recognize the existence of moral dilemmas. A moral dilemma arises whenever there is a situation in which pre-moral values •are in conflcit, i.e., whatever choice one makes will result in the omission or harm of one or other of the values at stake. According to the proportionl Edward Vacek, "Proportionalism: One View of the Debate," Theological Studies 46/2 (June, 1985), 289. 2 Va.eek, 302. 56 PROPORTIONALIST THEORY OF VALUE 57 alist reformulation of the principle of double effect, the permission or oausrution of ontic evil is not necessarily a moral evil as long as there is a proportionate reason justifying,such an action, e.g., when a father shoots an!intruder threatening to harm his family. McCormick's initial description of the requirements of proportionate reason [s ias follows: "a) a v1alue at least equal to that sacrificed is at 1 stake; b) there is no less harmful way of protecting ithe value here and now; c) the manner of its protection here and now will not undermine it in the long run." 8 McCormick argues that it simply will not do to claim that the ontic evil permitted or caused in a conflict situation is always only indirectly intended.4 For, in many instances, this simply is not true. Moreover, he would argue that to intend an end is not necess1arily to desire it as deontologists suppose. What justifies the ontic evil resulting from such actions, then, is solely the proportionate reason for which it is allowed or caused. There are some obvious criticisms that have been hurled at this proportionalist proposal for resolving conflict situations: I) that it leaves itself open to the practical, if not theoretical, difficulty of weighing different values;!2) that it results in the possibility of many resolutions that could go counter to our normal moral intuitions; 8) that there exists an inherent fallibility in the calcul,ation of long-range consequences; and 4) that this uncertainty might easliy promote an undesirable attitude of skeptical relativism. It is perhaps the onslaught of these and other criticisms which prompted McCormick to adopt Finnis' theory of associated basic goods. Lisa Cahill,argues that this new theory constitutes an "abandonment" of McCormick's prior proposal.5 To understand how this new theory leads to inevitable s Richard McCormick, ".Ambiguity in Moral Choice," Doing Evil To Achieve Good: Moral Choice in Oonfiict Situations, eds. R. McCormick and P. Ramsey (Chicago: Loyola U. Press, 1978), 45. 4 McCormick, 35-38. 5 Lisa Cahill, "Theology, Utilitarianism, and Christian Ethics," Theologica,I Studies 42/4 (Dec., 1981), 618-24. 58 RONALD H. MCKINNEY, S.J. inconsistency for McCormick, we must first examine Finnis' position itself. Finnis' Theory of Basic Goods By "value," Finnis refers to any " general form of good that oan be participated iin or realized in indefinitely many ways on indefinitely many occasions." 6 Basic values, moreover, refer to ·intrinsic goods that are desired for their own sake (NL, 62, 65). They are good not because they are... (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

Recently the first protective measurement has been realized in experiment [Nature Phys. 13, 1191 ], which can measure the expectation value of an observable from a single quantum system. This raises an important and pressing issue of whether protective measurement implies the reality of the wave function. If the answer is yes, this will improve the influential PBR theorem [Nature Phys. 8, 475 ] by removing auxiliary assumptions, and help settle the issue about the nature of the wave (...) function. In this paper, we demonstrate that this is indeed the case. It is shown that a psi-epistemic model and quantum mechanics have different predictions about the variance of the result of a Zeno-type protective measurement with finite N. (shrink)

The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, and (...) heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, (...) we might add, social) intervention are neutral between competing conceptions of the good life. However, Larmore insists that Millian neutral political principles do not posses second-level neutrality: they do not have a neutral justification. The problem with Mill’s valuebased defense of liberalism,” Larmore insists, is that because the value of individuality is “far from uncontroversial,” 2 Mill’s case liberalism is open to reasonable objection. In contrast Larmore and, of course, John Rawls, seek to develop a “political liberalism” that defends liberal neutrality without appeal to a “general ‘philosophy of man’ or a ‘comprehensive moral ideal’.”3 The justification of liberal principles “must be acceptable by reasonable people having different views of the good life, not just those who share, for example, Mill’s ideal of the person.”4 Liberals, argues Larmore, need “a neutral justification of neutrality.”5.. (shrink)

This book defends an event-causal theory of libertarian free will and argues that the belief in such free will plays an important, if not essential, role in supporting certain important values. In the first part of the book, the author argues that possession of libertarian free will is necessary for deserved praise and blame and reward and punishment. He contends that his version of libertarian free will-the indeterministic weightings view- is coherent and can fit with a scientific, naturalistic (...) understanding of human nature. However, the author also notes that we don't have sufficient evidentiary grounds to believe that human beings have this kind of free will. Despite this, he argues there are sufficiently strong value-based/axiological reasons to believe we have such free will and to live an act as if we have it. In the second part of the book, the author makes the case that the belief in such libertarian, desert-grounding free will is very important to defending human dignity in the context of criminal justice, making sense of justified pride and its value, and adding value to our relationships. Free Will's Value will be of interest to scholars and advanced students working in metaphysics, philosophy of mind, action theory, ethics, and the philosophy of law. (shrink)

In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which she notes (...) additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights. (shrink)

Protecting confidentiality is an essential value in all human relationships, no less in medical practice and research.1 Doctor-patient and researcher-participant relationships are built on trust and on the understanding those patients' secrets will not be disclosed.2 However, this confidentiality can be breached in some situations where it is necessary to meet a strong conflicting duty.3Confidentiality, in a general sense, has received much interest in Islamic resources including the Qur'an, Sunnah and juristic writings. However, medical and research confidentiality have (...) not been explored deeply. There are few fatwas about the issue, despite an increased effort by both individuals and Islamic medical organizations to use these institutional fatwas in their research.Infringements on confidentiality make up a significant portion of institutional fatwas, yet they have never been thoroughly investigated. Moreover, the efforts of organizations and authors in this regard still require further exploration, especially on the issue of research confidentiality.In this article, we explore medical and research confidentiality and potential conflicts with this practice as a result of fatwas released by international, regional, and national Islamic Sunni juristic councils. We discuss how these fatwas affect research and publication by Muslim doctors, researchers, and Islamic medical organizations.We argue that more specialized fatwas are needed to clarify Islamic juristic views about medical and research confidentiality, especially the circumstances in which infringements on this confidentiality are justified. (shrink)

In this paper, we advocate the usage of the family of Heyting-valued modal logics, introduced by M. Fitting, by presenting a simple 3-valued modal language and axiomatizing an interesting 3-valued logic of belief. We give two simple bisimulation relations for the modal language, one that respects non-falsity and one that respects the truth value. The doxastic logic axiomatized, apart from being interesting in its own right for KR applications, it comes with an underlying 3-valued propositional logic which is a (...) syntactic variant of the ‘logic of here-and-there’, whose importance in KR and Logic Programming is well-known, it is endowed from its very inception with a Gentzen-style proof theory from [Fit92] and a completeness theorem from [KNP02], it can be equivalently seen as a logic describing the epistemic agreement of two interrelated agents: a K45 agent who ‘dominates’ an S5 agent, as we show here, its satisfiability problem is NP-complete, i.e. at the lower level one can expect for applied logics. This is the first concrete example of an epistemic logic from Fitting's framework, that has been overlooked hitherto, despite its many attractive characteristics. (shrink)

According to a traditional account, moral cognition is an achievement gained over time by sharing a practice under the guidance and the example of the wise, in analogy with craft and apprenticeship. This model captures an important feature of practical reason, that is, its incompleteness, and highlights our dependence on others in obtaining moral knowledge, coherently with the socially extended mind agenda and recent findings in empirical psychology. Insofar as it accords to exemplars decisive authority to determine the standard (...) of correctness for moral cognition, however, the model does not offer protection against arbitrariness and discrimination. The article argues that to understand the socially distributed nature of practical knowledge, we have to discard the notion of exemplars and reconceive of others as peers, i.e. having equal normative standing. This claim allows us to revisit the conception of autonomy as key to distributed practical knowledge. While autonomy does not amount to self-sufficiency and self-reliance, it does demand independence of judgment and stands in contrast to servility, submission, and other sorts of defective ways of relying on others. The requirement of equal standing provides the basis or distinguishing between proper and improper reliance on others. (shrink)

The importance of preserving trust in physicians and in medical institutions has received widespread attention in recent years. Primarily, this is due to the threats to trust posed by managed care, but there is a general and growing recognition that trust deserves more attention than it traditionally has received in all aspects of medical ethics, law, and public policy. Trust has both intrinsic and instrumental value. Trust is intrinsically important because it is a core characteristic that affects the (...) emotional and interpersonal aspects of the physician/patient relationship. As an instrumental value, trust is widely believed to be essential for effective therapeutic encounters. It has been hypothesized or shown to affect a host of important behaviors and attitudes relating to care, including seeking care, disclosing private information, complying with treatment, and being satisfied with care. Moreover, trust may be a mediator of measurable clinical outcomes and a key factor in the mind–body interactions that underlie placebo/nocebo effects and the effectiveness of alternative medicine. It is no surprise, then, that preserving, justifying, and enhancing trust is the fundamental goal of much of medical ethics, and is a prominent objective in healthcare law and public policy. Discussions of trust and related concepts were commonplace in professionally based medical ethics prior to the 1970s. a 1 2. (shrink)

Somerville, Margaret Over the millennia of human history, the idea that children - at least those born into a marriage - had rights with respect to their biological parents was taken for granted and reflected in law and public policy. But with same-sex marriage, which gives same-sex spouses the right to found a family, that is no longer the case. Likewise, children's rights with respect to their biological origins were not an issue when there was no technoscience that could be (...) used to manipulate or change those origins: a baby could only be conceived in vivo through sexual reproduction. But with assisted human reproductive technologies and genetic technologies, that, too, is no longer the case. So, in light of these new realities, what are our obligations, as societies, to children with respect to their biological origins and biological families? What protections do children need and deserve? I propose that the most fundamental human right of all is a child's right to be born from natural human biological origins and that children also have human rights with respect to knowing who their biological parents and families are, and that these rights must be recognized. Children also have a right to be reared within their biological families and to have a mother and a father, unless an exception can be justified as being in the 'best interests' of a particular child. The connection among adoption, the use of new reproductive technologies, and same-sex marriage is that they all unlink child-parent biological bonds. Each context raises one or more of three important issues: children's right to know the identities of their biological parents; children's right to both a mother and a father, preferably their own biological parents; and children's right to come into being with genetic origins that have not been tampered with; that is, 'designing' our children should be prohibited. Such 'designing' would result in losses with implications far beyond those persons directly affected and far beyond the present time. It would undermine the rights to equality and freedom of future generations. Because the liberty and equality of all citizens is at the heart of democratic societal institutions and of the values that democratic societies promote, to create people who are neither free nor equal undermines those institutions and values. In short, not to prohibit 'designer children' would undermine the very foundations of our Western democratic societies. (shrink)

There seems to be a broad agreement that curiosity is important in education. However, current research often seeks to answer the question of how best to nurture curiosity and fails to ask the normative question of why this should be done. A closer look reveals that the reasons for justifying the importance of curiosity vary, with some theorists pointing to its role in cognitive development as a starting point for learning, and others praising it as an element of democracy (...) and a child’s right to participation. Most of these approaches understand curiosity as an individual urge or desire for knowledge. In contrast, this article will examine a relational understanding of the concept by focussing on social curiosity. Instead of following a cognitive developmentalist, intellectual virtue or emancipatory approach to valuing curiosity, I will employ relational ethical theory. The argument then explores a possible analogy between social curiosity and the concept of sovereign expressions of life, as developed by the Danish philosopher and theologian K.E. Løgstrup. By drawing on his relational ethics, the article aims to expand the theoretical grounds on which curiosity can be normatively legitimised in education. With children spending longer and longer hours in educational, structured and adult-led settings, I conclude with a twofold normative claim: Social curiosity should be a part of all relations in education and its absence should lead to an ethical demand. In addition, an awareness of the actual deeds through which social curiosity is realised is also a topic that must be addressed by educators. (shrink)

Human Papilloma Virus (HPV) infection causes death of 270,000 people die from every year. Sexually transmitted HPV was found one of the major causes of cervical cancer. World Health Organization (WHO). Cervical cancer (CC) is one of the top five cancers that affect women around the world. In June 2006, the Food and Drug Administration (FDA) approved a new vaccine for women, Gardasil, produced by the pharmaceutical company Merck that protects against infection by certain strains of HPV, including the two (...) strains that cause most cases of cervical cancer. Vaccinations are counted as one of public health’s important development but there is an ethical dilemma between balancing personal autonomy and protection of the entire at risk population. The vaccine caused very few side effects like local reactions whereas signs or symptoms of greater importance were very. Moreover it was considered that the vaccine is has an efficacy of practically 100% in prevention of precancerous lesion caused by the viral genotypes included in the vaccine. Bioethicists were not convinced about compulsory vaccination laws as the values of patient autonomy and informed consent to be preeminent to them. Not surprisingly, some have expressed wariness about or opposition to mandating HPV vaccination. A critical question is whether achieving a higher level of coverage justifies the infringement on parental autonomy that compulsory vaccination inevitably entails. Recommendation of the universal vaccination of girls and young women may evolve ethical challenges which might make it difficult for smooth implementation of the vaccination campaigns. Review of the ethical issues in HPV vaccination will constitute the main part of our paper. (shrink)

We asked whether and how generations vary in their perceptions on moral matters ranging from their justifications of crime and questions concerning bodily autonomy. In our exploratory study using data from the World Values Survey, we found that Generations Y and Z are more likely than their older counterparts to justify crimes, such as cheating on taxes or stealing property, and to favor greater bodily autonomy in issues such as suicide and abortion. They also rank lower the importance of God (...) and national pride. Implications are offered for employers who wish to motivate and incentivize a multi-generational workforce. (shrink)

This chapter explores the idea that phylogenetic diversity plays a unique role in underpinning conservation endeavour. The conservation of biodiversity is suffering from a rapid, unguided proliferation of metrics. Confusion is caused by the wide variety of contexts in which we make use of the idea of biodiversity. Characterisations of biodiversity range from all-variety-at-all-levels down to variety with respect to single variables relevant to very specific conservation contexts. Accepting biodiversity as the sum of a large number of individual measures results (...) in an empirically intractable framework. However, large-scale decisions cannot be based on biodiversity variables inferred from local conservation imperatives because the variables relevant to the many systems being compared would be incommensurate with one another. We therefore need some general conception of biodiversity that would make tractable such large-scale environmental decision-marking. We categorise the large array of strategies for the measurement of biodiversity into four broad groups for consideration as general measures of biodiversity. We compare common moral justifications for the conservation of biodiversity and conclude that some form of instrumental value is the most plausible justification for biodiversity conservation. Although this is often interpreted as a reliance on option value, we opt for a broadly consequentialist characterisation of biodiversity conservation. We conclude that the best justified general measure of biodiversity will be some form of phylogenetic diversity. (shrink)

This paper forms an introduction to this issue, the contents of which arose directly or indirectly from a conference in May 2001 on Corruption of scientific integrity? — The commercialisation of academic science. The introduction, in recent decades, of business culture and values into universities and research institutions is incompatible with the openness which scientific and all academic pursuit traditionally require. It has given rise to a web of problems over intellectual property and conflict of interest which has even led (...) to corporate sponsors’ suppressing unfavourable results of clinical trials, to the detriment of patients’ health. Although there are those who see the norms of science developing to recognise the importance of instrumental science aiming at specific goals and of knowledge judged by its value in a context of application, none justifies the covert manipulation of results by vested interest. Public awareness of these problems is growing and creating a climate of opinion where they may be addressed. We suggest a way forward by the introduction of nationally and internationally-accepted guidelines for industrial collaboration which contain proper protections of the core purposes of universities and of the independence of their research. Some codes suggested for this purpose are discussed. We note that some universities are moving to adopt such codes of conduct, but argue the need for strong support from the government through its funding bodies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhism and the Idea of Human Rights:Resonances and Dissonances1Perry Schmidt-LeukelIn 1991 L.P.N. Perera, Professor of Pāli and Buddhist Studies in Sri Lanka, published a Buddhist commentary on the Universal Declaration of Human Rights. In this commentary Perera tries to show that, in the Pāli canon, i.e. the canonical scripture of Theravāda Buddhism, for every single article of the Human Rights Declaration a substantial parallel or at least a statement (...) with a similar tendency can be found. Indeed, says Perera, Article 1, which affirms the dignity and rights of all humans, "is in complete accord with Buddhist thought, and may be said to be nothing new to Buddhism in conception" (Perera 1991:21). In contrast, the Buddhist Peter Junger, Professor of Law at the University of Cleveland, Ohio, judged in 1995 that... though followers of Buddhist traditions do value most, if not all, of the interests underlying the rhetoric of human rights, they may not have much use for the label itself, which is, after all, a product of the traditions of Western Europe and the parochial histories of that region.(Junger 1998: 56)Junger goes on to say that "the concept of human rights is not likely to be useful in...following the Buddha Dharma" (Junger 1998: 55).Thus Perera and Junger agree that the content of the various human rights is acceptable for Buddhists. However, they disagree strongly in their evaluation of the idea of human rights in itself. In this respect Damien Keown has rightly argued that the crucial question on 'Buddhism and Human Rights' is not so much whether Buddhism can accept any particular human right but rather whether the idea of human rights as such can find a philosophical justification within the "overall Buddhist vision of individual and social good" (Keown 1998: 24).It is this problem that I would like to pursue in this paper. In the first part I will sketch some basic characteristics of the idea of human rights. In the second part I will point out what resonances this idea finds in Buddhism or by which Buddhist concepts the human rights idea can be justified. And finally, in the third part, I will deal [End Page 33] with the question of potential dissonances between the idea of human rights and Buddhist concepts.On the Nature of Human RightsWith the United Nations' Universal Declaration of Human Rights in 1948 and the various subsequent human rights conventions the rights of individuals were for the first time inscribed into international law, which had previously recognised only collectives as legal subjects. By formulating universal rights as valid for every individual human being regardless of race, colour, sex, religion, birth, etc. the Universal Declaration points to the most important feature of the idea of human rights: the protection of the individual or, to be more precise, the protection of the individual against powerful institutions of the state, society, religion or others. It is individual self-determination and free agency that are protected through human rights. Human rights define the minimum of what is necessary in order to guarantee the freedom of individual agency and the freedom of self-determination. By the definition of inalienable rights,2 the idea of human rights sets limits to those collectives and institutions in which we usually live, limits which for the sake of the basic liberty of the individual are not to be transgressed. Michael Ignatieff summarises this understanding of human rights with the words: "rights exist to protect individuals" (Ignatieff 2001: 67), and "they are worth having only if they can be enforced against institutions like the family, the state, and the church" (Ignatieff 2001: 66f.). Therefore "moral individualism" is "the core of the Universal Declaration" (Ignatieff 2001: 66).It is true that the further development of the human rights debate, particularly within the context of the United Nations, has led to an extension of the idea of human rights to collective rights and collective legal entities by including among human rights, for example, a nations' right to self-determination and the right to peace and the right to development. However, in my opinion it would be highly... (shrink)