The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of (...) the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state. (shrink)

This chapter contains sections titled: Why Authority? The Forms and Limits of Authority The Paradoxes of Authority The Justification of Authority Authority and the Obligation to Obey the Law Legal Authority Conclusion References.

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

This book makes two important contributions toward a general and systematic theory of rights-a powerful philosophical analysis of the language of rights and an explanation of the nature of rights. In working out these ideas, Wellman has provided a new and cohesive way of thinking and talking about rights of every sort. Wellman succeeds in bringing all kinds of rights-moral, legal, institutional, etc.-under one unified theory in a way that illuminates their similarities and differences. This enables him to (...) deal in a consistent way with a very broad range of philosophical questions, questions that are too often dealt with in isolation from each other. (shrink)

Do children have a theory of mind? If they do, at what age is it acquired? What is the content of the theory, and how does it differ from that of adults? The Child's Theory of Mind integrates the diverse strands of this rapidly expanding field of study. It charts children's knowledge about a fundamental topic - the mind - and characterizes that developing knowledge as a coherent commonsense theory, strongly advancing the understanding of everyday theories as well as the (...) commonsense theory of mind. Wellman presents evidence that children as young as age three do possess a commonsense theory of mind - that they grasp the distinction between mental constructs and physical entities and that they have an understanding of the relationship between individuals' mental states and their overt actions. He delves in detail into questions about the nature of adults' commonsense theories of mind and about the nature of commonsense theories. Wellman then examines the content of the three-year-old's theory of mind, the nature of children's notions of mind before age three, the changes in the theory during subsequent development from ages three to six, and the young child's conception of mind in comparison with those of older children and adults. Henry M. Wellman is a Professor in the Department of Psychology and the Center for Human Growth and Development at the University of Michigan at Ann Arbor. (shrink)

This essay critically assesses Anna Stilz's argument in Territorial Sovereignty: A Philosophical Exploration that legitimate states have a right to do wrong. I concede that individuals enjoy a claim against external interference when they commit suberogatory acts, but I deny that the right to do wrong extends to acts that would violate the rights of others. If this is correct, then one must do more than merely invoke an individual's right to do wrong if one hopes to vindicate a legitimate (...) state's right to commit injustices. Of course, there may be distinctive features of legitimate states that explain why they enjoy moral protections that individuals lack, but I argue that the value of collective self-determination is not up to this task. And even if these arguments fail, self-determination would at most explain why legitimate states enjoy a right to commit injustices against their own citizens; it would provide them no moral protection when they violate the rights of outsiders. (shrink)

First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as valuable because (...) of the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries. (shrink)

A central tenet of constructivist models of conceptual development is that children's initial conceptual level constrains how they make sense of new evidence and thus whether exposure to evidence will prompt conceptual change. Yet little experimental evidence directly examines this claim for the case of sustained, fundamental conceptual achievements. The present study combined scaling and experimental microgenetic methods to examine the processes underlying conceptual change in the context of an important conceptual achievement of early childhood—the development of a representational theory (...) of mind. Results from 47 children (M age = 3.7 years) indicate that only children who were conceptually close to understanding false belief at the beginning of the study, and who were experimentally exposed to evidence of people acting on false beliefs, reliably developed representational theories of minds. Combined scaling and microgenetic data revealed how prior conceptual level interacts with experience, thereby providing critical experimental evidence for how conceptual change results from the interplay between conceptions and evidence. (shrink)

Applied or practical ethics is perhaps the largest growth area in philosophy today, and many issues in moral, social, and political life have come under philosophical scrutiny in recent years. Taken together, the essays in this volume – including two overview essays on theories of ethics and the nature of applied ethics – provide a state-of-the-art account of the most pressing moral questions facing us today. Provides a comprehensive guide to many of the most significant problems of practical ethics Offers (...) state-of-the-art accounts of issues in medical, environmental, legal, social, and business ethics Written by major philosophers presently engaged with these complex and profound ethical issues. (shrink)

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In my view, gratitude is better understood as a virtue than as a source of duties. In addition to showing how virtue theory provides a better match for our moral phenomenology of gratitude, I argue that recent work in the area of the suberogatory, our considered judgments concerning the role of third parties, our reluctance to posit claim‐rights to gratitude, and the observations of preceding studies of the subject all lend support to my contention that the language of duties is (...) ill‐suited to describe the moral dynamics of gratitude. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral (...) right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

In The Moral Dimensions of Human Rights, Carl Wellman takes a broad approach to human rights by discussing all three types - moral, international, and national -at length. At the same time, Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.

There are a number of controversies surrounding responsibility, but few doubt that there is anything conceptually confused or morally problematic about holding competent adults responsible for their free and informed actions. Thus, we regularly praise (and perhaps reward) people for behaving virtuously or blame (and perhaps punish) them for their vicious deeds. In today's world, though, much of the most important good and evil is done not by solitary individuals, but by groups of people acting in concert. The most spectacular (...) technological advances and the most horrific wars, for instance, are often the work of private corporations and political states. And if humanity regularly achieves its greatest triumphs and commits its most deplorable sins as collectives, it is worth exploring the plausibility of holding groups responsible for their actions. (shrink)

After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.

Drawing on the disciplines of Islamic and Christian Ethics, International Affairs, Environmental Science, History and Anthropology, Sustainable Diplomacy: Ecology, Religion and Ethics in Muslim-Christian Relations is a highly constructive work. Set in the context of modern Moroccan-Spanish relations, this text is a direct critique of realism as it is practiced in modern diplomacy. Proposing a new eco-centric approach to relations between nation-states and bioregions, Wellman presents the case for Ecological Realism, an undergirding philosophy for conducting a diplomacy that values (...) the role of popular religions, ecological histories, and the consumption and waste patterns of national populations. Sustainable Diplomacy is thus a means of building relations not only between elites but also between people on the ground, as they together face the real possibility of global ecological destruction. (shrink)

Missing from Bering's account of the evolutionary origins of existential reasoning is an explicit developmental framework, one that takes into account community input. If Bering's selectionist explanation was on target then one might predict a unique and relatively robust developmental trajectory, regardless of input. Evidence suggests instead that children's existential reasoning is contingent on their developing theory of mind.

El autor presenta en este texto diversos aspectos de su propuesta de teoría general de los derechos. Esta teoría toma a los legales como modelo de los derechos en general. Se plantea como primer objetivo la necesidad de esclarecer el discurso de los derechos, tanto por razones teóricas como prácticas, esto es, para detallar el alcance práctico de cada derecho. Este objetivo podría lograrse con la aplicación de categorías fundamentales que analizó W. N. Hohfeld al lenguaje de los derechos. También (...) se pone de manifiesto la naturaleza contenciosa de los derechos así como la complejidad de su estructura interna. Todos esos aspectos se reproducen en el caso de los derechos morales, cuyos singulares problemas de fundamentación también son abordados. El texto se cierra con algunas consideraciones relativas a los posibles titulares de los derechos y a una categoría singular de derechos: los derechos humanos. (shrink)

In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments for (...) the human right to due process. (shrink)

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which (...) he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory. (shrink)

We argue that folk psychology and folk morality both develop from the same core conception of persons, namely a concept of a responsive intentional agent. Key features of this conception are evident in infancy and develop universally in the preschool years across cultures and languages. Even these early understandings develop, shaped and specified via processes of cognitive construction intertwined with cultural constructs of persons provided within interactive culturally constituted, communicative experiences of childhood. The result is culturally variable endpoints of social (...) cognitive development, that is, culturally variable folk psychologies and folk moralities. We underwrite this argument with data from studies of theory of mind understandings, moral judgments, person description and explanation, and autobiographical memory, research that spans from infancy to adulthood and includes a variety of cultural communities. (shrink)

The rapid advancement of algorithmic trading has demonstrated the success of AI automation, as well as gaps in our understanding of the implications of this technology proliferation. We explore ethical issues in the context of autonomous trading agents, both to address problems in this domain and as a case study for regulating autonomous agents more generally. We argue that increasingly competent trading agents will be capable of initiative at wider levels, necessitating clarification of ethical and legal boundaries, and corresponding development (...) of norms and enforcement capability. (shrink)

The brand of cosmopolitanism that Cécile Fabre develops in her excellent book, Cosmopolitan Peace, leaves room for qualifying groups to exercise political self‐determination. Important questions thus emerge regarding who is entitled to have a say in the group's self‐determination, questions that take on a heightened practical urgency in the wake of wars that cause massive migration. In this article, I call into question Fabre's contention that the descendants of unjust occupants necessarily acquire occupancy rights which entitle them to a say (...) in the political self‐determination over the territory on which they currently reside. (shrink)

Network analysis is a fundamental approach to the study of social structure. This chapter traces its development, distinguishing characteristics, and analytic principles. It emphasizes the intellectual unity of three research traditions: the anthropological concept of the social network, the sociological conception of social structure as social network, and structural explanations of political processes. Network analysts criticize the normative, categorical, dyadic, and bounded-group emphases prevalent in many sociological analyses. They claim that the most direct way to study a social system is (...) to analyze the pattern of ties linking its members. By analyzing complex hierarchical structures of asymmetric ties, they study power, stratification, and structural change. (shrink)

On the basis of a Hohfeldian analysis of rights, Leif Wenar explains how rights perform six distinct functions. He then argues that his several function theory is preferable to the single function will and interest theories of rights. But in his description of the theories of H. L. A. Hart and Neil MacCormick, he fails to distinguish between essential and non-essential functions. When these are considered, neither is a single function theory. And an ambiguity in Wenar’s descriptions of the functions (...) of rights suggests the distinction between inherent and instrumental functions. This distinction reveals an additional complexity in the theories of Hart, MacCormick, Feinberg and Raz, among others. Therefore, any adequate theory of the functions of rights must recognize the currently ignored distinctions between essential and nonessential functions and between inherent and instrumental functions. (shrink)

Young children's early understanding of emotion was investigated by examining their use of emotion terms such as happy, sad, mud, and cry. Five children's emotion language was examined longitudinally from the age of 2 to 5 years, and as a comparison their reference to pains via such terms as burn, sting, and hurt was also examined. In Phase 1 we confirmed and extended prior findings demonstrating that by 2 years of age terms for the basic emotions of happiness, sadness, anger, (...) and fear are commonly used by children as are terms for such related states as crying and hurting. At this early age children produce such terms to refer to self and to others, and to past and future as well as to present states. Over the years from 2 to 5 children's emotion vocabulary expands, their discussion of hypothetical emotions gets underway, and the complexity of their emotion utterances increases. In Phase 2 our analyses go beyond children's production of emotion terms to analyses of their conception of emotion. We focus especially on when children use emotion terms to refer to subjective experiential states of persons. From their earliest uses of these terms in our data children. (shrink)

Abstract: Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non-instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of respecting group self-determination. If this is (...) correct, it implies that a state may choose democracy, but its right to self-determination means that it is also free, in principle, to decide in favor of some nondemocratic alternative. (shrink)