This paper tackles the question of whether the order of concepts was still a relevant aspect of scientific rigour in the 19th and 20th centuries, especially in the case of authors who were deeply influenced by the Leibnizian project of a universal characteristic. Three case studies will be taken into account: Hermann Graßmann, Giuseppe Peano and Kurt Gödel. The main claim will be that the choice of primitive concepts was not only a question of convenience in modern hypothetico-deductive investigations, (...) but sometimes also the result of philosophical investigations onto the foundation of scienti­fic disciplines. The question of the "right" order of concepts is an ideal to be followed rather than a task that can be fulfilled, but remains nonetheless an essential part of the axiomatic enterprise. This paper aims to question whether there is in fact such a stark contrast, as there is often claimed to be in the literature, between the debates relating to the right order of concepts and the foundational questions concerning modern axiomatics. The scientific rupture determined by the appearance of hypothetico-deductive systems in mathema­tics and logic should thus not be dissociated from some relevant continuities concerning the ideal of knowledge as the search for a general theory of concepts deriving from some fundamental elements. (shrink)

Concerns a problem posed, but not solved, by Frege in part III of his Grundgesetze. As a preliminary to defining ‘real number’, Frege attempts to analyse the notion of a quantitative domain. He was unaware of the previous attempt of Otto Holder to do this; it is remarked how much weaker Frege's assumptions were in deriving theorems than Holder's. Frege deals with groups on which there is a right‐invariant semilinear ordering, although he does not use this terminology. He is (...) uncertain whether it can be deduced that the ordering is also left‐invariant, and proves as much as possible without invoking the assumption that it is. The independence proof, due to Dr Peter Neumann, establishes that it could not be deduced. (shrink)

Appeals to “being on the right side of history” or accusations of being on the wrong side of history are increasingly common on social media, in the media proper, and in the rhetoric of politics. One might well wonder, though, what the value is of invoking history in this manner. Is declaring who is on what side of history merely dramatic shorthand for one's being right and one's opponents wrong? Or is there something more to it than that? (...) In this paper, I argue that an appeal to being on the right side of history is best construed as an invocation of higher-order evidence. I do not deny that there are purely rhetorical, non-evidential uses of the right and wrong side of history, but the phrase can be construed in a more substantive manner. I use work on virtual epistemic elections to model these appeals to history. Zeroing in on the kind of higher-order evidence invoked helps us clarify the criterion for better or worse, more or less convincing appeals to it. (shrink)

The paper suggests that Bastiat’s theory of interests, harmony, and the State is rooted in a particular conception of Natural Right, in which the Lockeans and thomistic streams of thought meet. But it also suggests that Bastiat’s interpretation of the role that Providence plays in human events is not able to give a sustainable theory of liberal order. The paper also considers the criticisms to Bastiat’s economic and political theory coming from exponents of classical liberalism, from the Austrians, (...) and from Catholic thinkers of that time, such as L. Taparelli d’Azeglio and M. Liberatore.The conclusion is that although the economic theory of Bastiat is by now obsolete from the conceptual point of view, his political theory and his criticism of the state do remain extraordinarily topical.Cet article suggère que les théories des intérêts, de l’harmonie et de l’Etat de Bastiat sont ancrées dans une conception particulière du droit naturel au confluent des pensées lockéenne et thomiste. Cependant, il suggère aussi que l’interprétation que donne Bastiat du rôle de la Providence dans les affaires humaines ne débouche pas sur une théorie recevable de l’ordre libéral. L’article examine aussi les critiques qu’adressent les partisans du libéralisme classique-tels que les économistes autrichiens, les penseurs catholiques de l’époque comme L. Taparelli d’Azeglio et M. Liberatore-à l’égard des théories économiques et politiques de Bastiat. L’article conclut que le caractère obsolète des théories de Bastiat d’un point de vue conceptuel ne remet pas en cause la singulière actualité de sa théorie politique et de sa critique de l’Etat. (shrink)

Using the right to die and the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health as exemplars, this article explores the notion of third-order decisionmaking. If first order decisionmaking is about what should happen, and second-order decisionmaking is about who should decide what should happen, then third-order decisionmaking is about who should decide who decides. This turns out to be an apt characterization of constitutionalism, which is centrally concerned with the (...) allocation of responsibility for making decisions about the allocation of responsibility. Deference to erroneous second-order decisions, as in the Cruzan case itself, may merely be an example of this central feature of constitutionalism. Keywords: constitutionalism, Cruzan case, right-to-die, rules CiteULike Connotea Del.icio.us What's this? (shrink)

I examine and criticize John Searle's view of the relationships between consciousness, intentionality and function.

Nicholas Wolterstorff’s The Mighty and the Almighty is an intervention in the field of Christian political theology. He argues that traditional political theology in both its premodern and contemporary forms has tended to fall into perfectionist and providentialist traps, allowing the state to claim divinely-bestowed authority where it has none. In response, his constructive project advances particular views of the relationship between divine and political authority as well as the relationship between the state, conceived as a divinely-authorized rights-limited institution, and (...) the church, conceived as a non-natural institution that is ontologically autonomous of the state. Wolterstorff suggests that Christian political theology can, and ought to, endorse a certain form of modern liberal polity. While granting many of his points, I argue that Wolterstorff’s dismissal of traditional thinkers, such as John Calvin, reveals two problematic features of his own theory: first, the way he relates the state’s moral authority to natural rights and the common good; and second, his proposal of the ontological distinction between church and state. Drawing on the conceptual resources of some of Wolterstorff’s own theological forebears—John Calvin and Johannes Althusius—I suggest that traditional Christian political theology offers a more adequate framework for recognizing the common good and responding appropriately to conditions of justice and injustice. (shrink)

The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical (...) reasoning structured by legal institutions. Whether the “justification deficit” can be remedied depends not only upon the content of human rights norms as set out in the major conventions and the arguments philosophers can marshal to justify them but also upon the epistemic virtues of the institutions through which the norms are specified, contested, and revised over time. (shrink)

The BRAHMASUTRA of BADARAYANA represents the fundamental text of exegesis of Vedanta. The intent of Badarayana - the sage that for authority and realization of consciousness has been identified with Vyasa, the Rsi who ordered the texts of the Vedas - is that of providing the right perspective in the interpretation of the most profound and meaningful contents of the Upanisads. This had proven necessary in order to rectify some unilateral aspects propounded by several schools of thought, both (...) orthodox and non-orthodox. The Brahmasutra presents, in their simplicity and incisiveness, the assertions of the Sruti and of the Smrti, showing their concordance in the recognition of the Nirguna Brahman as the ultimate Realty. In his notes, RAPHAEL underlines the fact that Badarayana does not oppose the various philosophical schools, but the Rsi allows us to comprehend that their postulates cannot represent the ultimate Truth as expounded in the Vedas and in the Upanisads. Moreover, at times Raphael focuses on certain aspects of the Advaita Doctrine with references to the Western Tradition, and - making the relevant parallels to the philosophy of Parmenides, Plato, Plotinus, and so on - highlights the unity of the sole universal Tradition at the metaphysical level. (shrink)

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

Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries between (...) the public and the private, and extends the responsibilities of the latter to court-style decision making. This article analyzes the regulatory developments in this area and the implications of outsourcing of important governance practices to private intermediaries. It looks at the decision-making process for the “right to be forgotten” to illustrate the extent to which the hybridization of such procedures results in new arrangements between public and private ordering in Internet governance. (shrink)

Criminal law is a system for societal ordering, as much as it is for protection against interpersonal harm and wrongs. Whilst such laws can engage rights to privacy and freedoms of expression and movement, international human rights rarely feature in criminal theory. Using Duff’s public wrongs theory, a normative argument is made for recognition of international human rights within the national civil order, as well as through a proposed supra-national human rights polity. This is tested through identification of human (...) rights criminalization principles from public ordering cases in the European Court of Human Rights. International human rights offers a formal route to recognition of liberal principles, as well as adding possible new boundary conditions within criminal theory. (shrink)

This article theorizes the European-level political response to the radical right by suggesting a focus on the conceptions of politics, society and of the European Union itself that inform this response. Analyses of the ways in which the political mainstream relates to such movements remain under-theorized and often fall back on understandings of political action in narrow instrumental terms. Instead, this article proposes an approach to this response which emphasizes the process through which shared understanding of the European political (...) project surface. It engages with these issues by turning to ideas that emerged in relation to the rise of European fascism in the 1930s on how to mount an effective defence of democracy. The underlying social analysis that fed into such strategies, the article argues, serves as a useful framework for analysis of the contemporary European response to the radical right. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to (...) an otherwise divided world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Old Orders for New Ecology, Animal Rights, and the Poverty of HumanismCary Wolfe (bio)Luc Ferry. The New Ecological Order. Trans. Carol Volk. Chicago: U of Chicago P, 1995.1Early on in The New Ecological Order, the French philosopher Luc Ferry characterizes the allure and danger of ecology in the postmodern moment. What separates it from various other issues in the intellectual and political field, he writes, is thatit (...) can call itself a true “world vision,” whereas the decline of political utopias, but also the parcelization of knowledge and the growing “jargonization” of individual scientific disciplines, seemed to forever prohibit any plan for the globalization of thought.... At a time when ethical guide marks are more than ever floating and undetermined, it allows the unhoped-for promise of rootedness to form, an objective rootedness, certain of a new moral ideal.[xx]As we shall see, for Ferry—a staunch liberal humanist in the Kantian if not quite Cartesian tradition—this vision conceals a danger to which contemporary European intellectuals are especially sensitive: not holism, nor even moralism, exactly, but that far more charged and historically freighted thing, totalitarianism. Ferry’s concern is that such “world visions,” incarnated in contemporary environmentalism in movements such as Deep Ecology and ecofeminism, threaten “[o]ur entire democratic culture,” which “since the French Revolution, has been marked, for basic philosophical reasons, by the glorification of uprootedness, or innovation” [xxi]. Ferry’s thesis—it becomes quite explicit in his comparison of environmental legislation under the Third Reich with tenets of Deep Ecology in the book’s second section—is that Deep Ecology and its ilk have moved in to occupy the space left open by the passing of the political imaginaries of fascism and communism, so that denunciations of liberalism (and its corollary in political praxis, reformism) may now be unmasked for what they are: critiques “in the name of nostalgia, or, on the contrary, in that of hope: either the nostalgia for a lost past, for national identity flouted by the culture of rootlessness, or revolutionary hope in a radiant future, in a classless and free society” [xxvi]. To which Ferry responds—literally—“Grow up!” Late in the book, he tells us that we must see through “the adult development of the secular and democratic universe” [137] by rejecting totalizing revolutionary visions of the sort purveyed by Deep Ecology, and by adhering instead to liberal reformism, “the only [End Page 21] position consistent with leaving the world of childhood” [138].Ferry is certainly right to draw our attention to the often uncritical nostalgia and romantic holism of some varieties of environmental thought—problems that have been noted before by critics from points on the map very different politically from Ferry’s avowed liberal humanism. And it is certainly understandable, given the historical context, that he would join a long list of other European intellectuals in pointing out the manifold dangers to democratic society of totalizing moral schemes—dangers often represented for liberal intellectuals like Ferry by the rise of the Greens in European politics. 1 We do well to remember, too (as Fredric Jameson and others have pointed out), that for European intellectuals such as Ferry, liberalism retains, for understandable historical reasons, a viability and a promise about which many American intellectuals are skeptical or even jaded. European intellectuals, conditioned by the experience of fascist authoritarianism and the strong but problematic presence historically of the Communist party in social and intellectual life, may find in liberalism a refreshing and indeed radical democratic openness and dynamism, while American intellectuals, conditioned to the absence of any other major political contenders, have long since grown accustomed to liberalism as the name for that “end of ideology” position which, as Jameson puts it, “can function more effectively after its own death as an ideology, realizing itself in its most traditional form as a commitment to the market system that has become sheer common sense and no longer a political program” [249, my emphasis].But in defending democratic difference, everything hinges, of course, on precisely how such terms are framed and how difference is articulated—an index of which often may be found in how its imagined... (shrink)

State borders allocate access to basic goods, opportunities, rights, and protections along lines of nationality, race, and gender. However, the discriminatory effects of state borders rarely appear as an issue in the self-understanding of liberal-democratic societies and their political theorizing. In this paper, I explore how the category of nationality has been and continues to be used to exclude people who have been negatively racialized by European colonialism. I draw on a number of studies that reconstruct the colonial history of (...) states' claims to authority over people's movements and over the composition of their populations. The idea of territorial nationalities allowed nation-states, in particular those emerging from the settler colonies and metropoles of European empires, to continue practices of racial ordering without using explicit racial categories. With the help of these studies, I criticize liberal nationalists such as David Miller for appealing to the value of national identities to support a right of states to exclude would-be immigrants. I suggest that using genealogical and phenomenological methods allows us to undermine the default authority that is often accorded to the category of nationality. (shrink)

This paper traces some changes in Catholic political theory eventually taken up and extended during World War II by Jacques Maritain, who became the foremost philosophical exponent of the idea of "human rights" on the postwar scene. I show that the invention of the idea of the "dignity of the human person" as embedded in the Universal Declaration of Human Rights occurred not in biblical or other longstanding traditions, but instead in very recent and contingent history. In conclusion, I speculate (...) on what the restoration of Maritain's route to human rights to its proper contexts might suggest about the cultural meaning the idea had in postwar Continental Europe, which became its homeland. (shrink)

This article challenges Nicholas Wolterstorff’s rights-based reading of Old Testament orphans by arguing that the prophetic demand for their cause not only assumes a right-order ethos championed in the Torah, but in doing so exposes the shortcomings in how justice is defined for orphaned children within current rights ideology, whether theistic or not. I present the orphan’s historical trajectory towards becoming socially vulnerable as the final stage in the transition from the kinship-redeemer justice of Israelite village clans to (...) the chesed justice of the patronage economy in emerging urban conditions. In light of these conditions, I show how the orphan laws in Deuteronomy are, counter to Wolterstorff’s claims of corruption, attempting to re-create in legal terms the kinship bond and chesed benevolence that defines the orphan’s justice as the return to a family. I argue that the prophet does not blame inherently corrupt laws, but rather blames patrons and elders who have ignored good laws and ignored right-order by forgetting their brothers’ and sons’ children. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to (...) an otherwise divided world. (shrink)

For a long time, the sections of the Philosophy of Right dedicated to the relations among states have been neglected by contemporary International Relations theories. However, especially since the end of the Cold War, this discipline has finally reconsidered Hegel’s theory, in particular by stressing two aspects: the thesis of an ”end of history” implied in it; and, more generally, the primacy of the state in international politics. This paper suggests a different interpretation. It argues that, in order (...) to really understand Hegel’s theory of international relations, it is necessary to consider how it is related to the momentous changes that occurred in the wake of the French Revolution and to previous philosophical developments in the Age of Enlightenment. Indeed, the convergence of these two aspects in his own philosophy of history should suggest that, according to Hegel, by the early nineteenth century international politics had finally entered a new era in which states would still interact as the foremost actors, but would be bound nonetheless by an unprecedented awareness of their historical character. (shrink)

The critical comments by my fellow symposiasts on my book, Justice: Rights and Wrongs , have provided me with the opportunity to clarify parts of my argument and to correct some misunderstandings; they have also helped me see more clearly than I did before the import of some parts of my argument. In his comments, Paul Weithman points out features of the right order conception of justice that I had not noticed. They have also prodded me to clarify (...) in what way rights are trumps; and both his comments and Bernstein's have prodded me to clarify certain aspects of the theistic account of human rights that I offered. Attridge's comments lead me to see that I was perhaps over-zealous in emphasizing the objective aspects of the semantic range of dikaiosunê as used in the New Testament and downplaying the subjective aspects. And O'Donovan's comments have provided me with the opportunity to make clear that my account of rights is not an immunities account that presupposes nominalism, and to emphasize the ways in which it is not an asocial individualistic account. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only (...) provide substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

Compulsory psychiatric treatment is the norm in many Western countries, despite the increasingly individualistic and autonomous approach to medical interventions. Community Treatment Orders are the singular best example of this, requiring community patients to accept a variety of interventions, both pharmacological and social, despite their explicit wish not to do so. The epidemiological, medical/treatment and legal intricacies of CTOs have been examined in detail, however the ethical considerations are less commonly considered. Principlism, the normative ethical code based on the principles (...) of autonomy, beneficence, non-maleficence and justice, underpins modern medical ethics. Conflict exists between patient centred commentary that reflects individual autonomy in decision making and the need for supported decision making, as described in the Convention on the Rights of Persons with Disabilities and the increasing use of such coercive measures, which undermines this principle. What appears to have been lost is the analysis of whether CTOs, or any coercive measure in psychiatric practice measures up against these ethical principles. We consider whether CTOs, as an exemplar of coercive psychiatric practice, measures up against the tenets of principalism in the modern context in order to further this debate. (shrink)

This is a non-evaluative overview of Justice: Rights and Wrongs covering its three parts: (i) an ‘archaeological’ account of justice and rights in the Christian tradition; (ii) a description of the goods to which we have rights; (iii) an argument grounding natural, inherent, human rights to goods in God’s love.

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain (...) benefits, yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent (...) person would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

The emerging international biomedical law tends to recognise the right not to know one’s genetic status. However, the basis and conditions for the exercise of this right remain unclear in domestic laws. In addition to this, such a right has been criticised at the theoretical level as being in contradiction with patient’s autonomy, with doctors’ duty to inform patients, and with solidarity with family members. This happens especially when non-disclosure poses a risk of serious harm to the (...) patient’s relatives who, without that vital information, could be deprived of preventive or therapeutic measures. This paper argues, firstly, that individuals may have a legitimate interest in not knowing their genetic make up to avoid serious psychological consequences; secondly, that this interest, far from being contrary to autonomy, may constitute an enhancement of autonomy; thirdly, that the right not to know cannot be presumed, but must be “activated” by the individual’s explicit choice, and fourthly, that this is not an absolute right, in the sense that it may be restricted when disclosure to the patient is necessary in order to avoid a risk of serious harm to third persons. (shrink)

International human rights concepts and documents figure prominently within theories of global justice. Appeals to human rights often rely on theories and interpretations that rank human rights in relation to one another designating some as more important or more crucial than others such that they may or must be given priority. In this paper I argue that hierarchical ranking of human rights should be rejected by theorists of global justice because such ranking: (a) undermines the effectiveness with which human rights (...) operate as principled constraints on state actors; and (b) is inconsistent with the international legal framework and practice from which the human rights concepts and documents draw their rhetorical force. Instead theorists of global justice should accept the indivisibility principle, which states that all human rights are interrelated and interdependent and must be treated on the same footing and given the same emphasis. The attraction of hierarchical ordering rests on misguided concerns about the practicality of indivisibility that fail to properly distinguish between rights and claims and ignore important dimensions of human rights implementation and assessment. I argue that indivisibility is both pragmatically defensible, provides a better theoretical grounding for understanding complaints about violations, and offers a better framework for understanding the relationship between human rights and legitimacy than hierarchical ordering. (shrink)

The right to health implies, among other things, that individuals and communities must be allowed to have a voice in decisions concerning the definition of their well-being. The article argues for a more active participation of ethnocultural minorities in healthcare decisions and highlights the relevance of strategies aimed at creating a bottom-up engagement of people and groups, as well as of measures aimed at a broader organizational flexibility, in order to meet migrants’ and minorities’ needs. Finally, the article (...) clarifies that these strategies are not simply the outcome of a welcoming attitude of the Western healthcare system but may be interpreted as a specific duty resulting from the notion of “particularly vulnerable groups,” as formulated by the ECtHR in its case law: when vulnerable groups are at stake, every decision about state actions and rules regarding healthcare should start from an a consideration of the specific conditions and needs of people belonging to vulnerable minority groups. (shrink)

Human rights are a construct of international law. Their legitimacy depends on them being informed by the deep-seated fact of global cultural pluralism and the concern of establishing a system that recognizes this pluralism, transcends a narrow parochial perspective and thus avoids the accusation of cultural or moral colonialism. There are two broad strategies to do this: by invoking an individualist-moral conception of HR designed to promote well-being and by invoking a social-political conception of HR aimed at preserving world peace (...) and stability. Economic rights are rights to commodify—to sell one’s labor, to buy goods and services and so on—under fair terms. That is to say, to take part in economic activities such as production and consumption within a distinctive social form by which they are mediated through exchange. I argue that endorsing rights of commodification is incompatible with a genuine concern with parochialism. Economic rights are neither necessary to protect some natural interest shared by all humans, nor the stability of a peaceful world order. Hence, economic rights should not be considered human rights. (shrink)

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral (...) consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions (...) Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of (...) the UDBHR and therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered. (shrink)