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

The general concern of the paper is to ponder whether religious views inform ethical views? This is explored through the issue of animal rights within Judaism. There is not only a great divergence, even today worldwide, on the realm of freedom that non-humans may enjoy, but historically this group of individuals has been most restricted in their behaviour, and level of value, by the Western religious worldviews. Hence it would be instructive to see to what extent an ethical attitude (...) toward animals is present, or absent, and whether the religious prescriptions are justified by moral reasoning. And where we have found textual basis, as we have here, for taking the moral considerability of animals seriously, the next question is: has our moral sense been informed by a religious tradition? And has this led to changes in our secular understanding of ethical treatment toward animals? Or has there been a moral intuition there all along in humans, which has incidentally been expressed in a religious mode? (shrink)

Pierre Manent is one of France's leading political philosophers. This first English translation of his profound and strikingly original book La loi naturelle et les droits de l'homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims (...) to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty rightly understood. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and (especially) Christian notion of "liberty under law" and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the "state of nature," where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an "archic" understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Rights and the Ethics of Globalization by Daniel E. Lee and Elizabeth J. LeeGuenther "Gene" HaasHuman Rights and the Ethics of Globalization Daniel E. Lee and Elizabeth J. Lee Cambridge: Cambridge University Press, 2010. 264 pp. $27.99While there have been numerous books written on the nature of rights in a world of globalization, this book fills a gap by presenting a thoughtful (...) and balanced discussion that is firmly grounded in ethical theory yet takes into account the concerns of both nongovernmental organizations (NGOs) and the realities of the business world. The authors acknowledge that there can be naive troublemakers in NGOs and greedy people in business as well as socially concerned people in both groups.The book is divided into three parts. Part 1 deals with the philosophical foundations for addressing ethical issues in business within the context of globalization. Here the authors advocate for a limited, carefully defined notion of rights, properly noting that not everything of ethical significance falls under the notion of rights. The important distinction they make is between negative rights (the rights to life and freedom), which oblige us never to harm others, and positive rights (rights of entitlement, such as education, medical care, housing), which depend upon the various types of relationships, voluntary or involuntary, in which people find themselves. The former apply universally to neighbors near and far; the latter, because they are defined by relationships, apply primarily to neighbors near to us. With globalization distant neighbors often become near neighbors—for example, when a company builds a production facility in another country. In view of this, the authors argue that the Enlightenment’s individualistic understanding of rights is incomplete. A fuller version of rights (rooted in Aristotle) situates all humans in social communities where mutual charitable treatment is better suited to promoting human flourishing. With this in mind, the authors use the second form of Kant’s categorical imperative (“Always treat others as ends”) to map out some helpful practical guidelines for multinational corporations that are conducive to human well-being. Such guidelines seek to take into consideration all the constituencies that these organizations are called to serve—including shareholders, customers, employees, suppliers, and communities of location.In part 2 the authors draw on these philosophical foundations and practical guidelines to discuss ethical issues related to business practices in four different [End Page 198] countries: respect for human rights in China given the widespread practice of outsourcing; the condition of workers in Liberia where Firestone is the largest employer; free trade and fair trade issues related to coffee growers in Ethiopia; and the question of whether low-wage factories (maquiladoras) in Mexico exploit workers or provide economic opportunity for them. The authors provide a fair evaluation of each situation rooting their discussion in the nature of each respective business and the conditions over which it has direct control.Part 3 deals with the possibilities and challenges of dealing with multinational corporations that do not respect human rights. Although many argue for sanctions and treaty provisions, the authors argue that these approaches have their limitations. As an alternative, they recommend the Alien Tort Claims Act as the most promising means of enforcing human rights standards among American multinational corporations with overseas operations.This is an insightful and balanced book on human rights and social ethics precisely because it has a positive view of markets and is optimistic about achieving greater social responsibility in the business world. It will be helpful to all committed to promoting ethical business practices in a growing global economy—not only in the church and academy but also in the legal community and business world and in NGOs.Guenther HaasRedeemer University CollegeCopyright © 2013 Society of Christian Ethics... (shrink)

The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political (...) rules, in the biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights. (shrink)

Three recent books focus, in different ways, on the idea of human rights and its relation to religion and religious ethics. All three books discussed here address criticisms of the human rights idea and seek to establish the relationship of religion and human rights with regard to the field of policy. The present discussion begins with an overview that places these three books in the larger context of the development of the human (...) class='Hi'>rights idea and its historical relationship with religion. It then turns to Little's book, next to the collection of essays edited by Twiss, Simion, and Petersen, which is described internally as a Festschrift for Little, and then to Hogan's book, and in the final section it explores comparisons among the books. (shrink)

An exploration (in Arabic) of the foundations of humans rights and the associated notion of human dignity. These include religious, rational-secular, as well as naturalistic foundations. Arguments are presented in support of naturalistic foundations, with reference to natural human needs and dispositions and 'moral sentiments'.

How are the human rights pertaining to the freedom of conscience/religion, health, and distinct culture intersect in the context of a global pandemic in the Muslim-minority areas? How do Russia’s Muslims make sense of the challenges to those rights caused or exacerbated by the COVID-19 pandemic? In this paper, I focus on diverse Muslim Tatar communities, primarily of the Middle Volga region, who have recently witnessed numerous political and socioeconomic challenges infringing on their human rights. (...) Attending on the period of the COVID-19 pandemic, in this paper I gauge the nature of human rights in the areas of health and religion by interrogating how the general Muslim publics and elites understand, justify, and explain those challenges in an environment of creeping authoritarianism. I call for a conceptual shift from the elite-driven traditional security perspectives to those of human rights as quotidian/everyday experiences while considering these vital issues. I use the Tatar-language Internet forums for the empirical analysis, offering and delineating the discursive repertoires and categorizing the areas of public concern in the new pandemic world. (shrink)

This essay presents a critical analysis of Sen's theory of human rights. I pay particular attention to his attack on Jeremy Bentham's denunciation of natural rights and the charge that preexisting universal rights are without foundation. I begin by providing some context for understanding Sen's approach to the debate about human rights. I then present a brief overview of rights theory and define the important terms, and also present Bentham's understanding of the 'foundational (...) problem' and why he regards it as a dangerous problem. I offer a short overview of the human rights movement that covers its progress since Bentham's time. I then present a critique of Sen's defense of human rights and conclude that Sen's efforts to invalidate Bentham do not succeed. Bentham's contribution to the debate over human rights remains relevant. (shrink)

It is notable how some papal social encyclicals have interchangeably used the terms ' common good ' and 'human rights.' This article analyzes the papal common good teaching and its contemporary shift to include human rights. I also explore the differential nuances between the common good and the human rights. Human rights as advocated by civil societies are understood as arising from a conception of the nature of the human person. (...) The common good has been expressed in practical ways through human rights, especially the right to work and receive a just wage. The papal social encyclicals are viewed here as relevant to our contemporary world where extreme capitalism and unrestrained consumerism have led to the accumulation of wealth and power in the hands of a few people. (shrink)

Ockham is sometimes regarded as the chief source for a view of rights as arbitrary powers of radically isolated individuals. In fact he provides a quintessentially “reasonable” conception of natural or human rights, one which suggests a promising answer to the question of what such rights are, namely, capacities for reasonable activity. This view of personal rights is complemented by Ockham’s equally reasonable and suggestive account of what is naturally “right” for human communities in (...) different human conditions. The unusual situation in which Ockham developed these ideas—as a theologian attacking the doctrinal pronouncements of a reigning pope—raises problems for extracting a systematic philosophical theory from his voluminous output, but the polemical setting of his political writings also gives them a certain relevance to current disputes about the place of secular thought in religious contexts. (shrink)

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

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each (...) civilization (according to Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)

Since the original UN Universal Declaration of Human Rights1 laid out the general principles of human rights, there has been a split between what have been regarded as civil and political rights as opposed to economic, cultural and social rights. It was, in fact, the denial that both could be considered “rights” that prevented them from being included in the same covenant.2 Essentially, the argument for distinguishing the two concerns the nature of freedom. (...) The civil rights to the freedoms of speech, religion, assembly, association, and so on do not specify the content of the speech, the theology of the religion or the purpose of the assembly or association. 3 Freedom in such cases is necessarily value-neutral. In leaving the choice up to the individual, these rights purposefully abstract from the content of this choice. The case is quite different for economic, cultural and social rights. All of these necessarily express values with regard to the forms of our social organization. This is because they move beyond individual choices to consider the purposes or goals of our existence together. Thus, the rights to the cultivation of a cultural identity necessarily impact more than the individuals exercising them. As collective, they affect the society as a whole. The same holds for the UN sponsored rights of a person “to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.”4 For a society to honor these rights involves specific choices with regard to its social content and collective organization. Such choices embody a particular value—in the UN’s words, that of the “social security” of the individual.5 Freedom, here, is freedom for specific social goals. Since these goals are collective, they.. (shrink)

The ethics of belief involves an inquiry into what beliefs are legitimate to hold, including religious beliefs. Whatever the criteria determined in such an investigation, adopting a belief that does not meet this criterion is seen as illegitimate and it is considered an ethical violation. English mathematician W. K. Clifford (d. 1879) defines “sufficient evidence” as a criterion in his famous essay, “The Ethics of Belief”. Clifford’s evidence-centered argument becomes one of the most frequent references in the evidentialist objection against (...) theism. It turns out that this argument is not functional in the face of the diversity of beliefs. In this context, different suggestions are presented about what the ethics of belief could be. American philosopher William James (d. 1810), one of the founding names of pragmatism, offers a new proposal. In his classic work, “The Will to Believe”, James claims that Clifford is wrong in seeking the requirement of evidence for all beliefs. Because it is not possible to prove beliefs from the passionate nature of human beings, especially religious beliefs. Following this distinction, James proposes a new criterion for religious beliefs: a religious belief can be vivid or dead, forced or avoidable; and momentous or trivial. If a religious belief is vivid, forced, and momentous, it is necessary to have the courage to believe in it instead of suspending it. James' proposal is often valued as a strong counter-challenge or defense of religious beliefs. However, this argument also has aspects that are open to criticism. One of them is that the will to believe argument concurrently accepts conflicting religious beliefs or, in other words, confronts the issue of religious diversity. According to J. Hick, for example, this argument inevitably results in religious pluralism, even though James does not want to. Contrary to Hick, S. F. Aikin claims that the will to believe does not result in religious pluralism. According to Aikin, who draws attention to the relationship of argument with pragmatism, James obscures religious beliefs and removes them from being claims about truth. Therefore, there is no contradiction in the classical sense. So, which of the objections is valid? Does the will-to-believe argument result in religious pluralism by legitimizing more than one religious belief at the same time, or does it make a purely pragmatic proposition by devaluing religious beliefs? Which religion do I have the right to believe in according to the will to believe? The aim of this article is to provide an answer to the mentioned question. In the article, unlike the current evaluations, it is argued that the argument is closely related to James's theory of knowledge, radical empiricism, not pragmatism as it is usually made. For this purpose, after showing the relationship between the arguments of Clifford and James, the argument will be re-examined in this context and it will be revealed that James has two steps regarding religious beliefs: to make religious beliefs independent from factual beliefs; leaving theism to accept a monistic vision of God and basing religion on mystical experience, which is an emotional experience. As details emerge, it will become clear that James defends a natural religion that excludes traditional religions in his philosophical system and that he defends the beliefs of a humanized religion. With an individual definition of religion based on emotion, James on the one hand ensures the commonality of religious feeling, on the other hand, he makes religion independent from the field of facts. Therefore, with this study, it will be seen that the argument of the will to believe does not aim to legitimize believing in traditional religions, and diversity is not a fundamental problem. (shrink)

Presentation: Horizonte, Belo Horizonte, vol. 15, no. 47, July/Sept. 2017 - Dossier: Religion, Human Rights and Nature of Rights.

Thomas Paine is a legendary Anglo-American political icon: a passionate, plain-speaking, relentlessly controversial, revolutionary campaigner, whose writings captured the zeitgeist of the two most significant political events of the eighteenth century, the American and French Revolutions. Though widely acknowledged by historians as one of the most important and influential pamphleteers, rhetoricians, polemicists and political actors of his age, the philosophical content of his writing has nevertheless been almost entirely ignored. This book takes Paine's political philosophy seriously. It explores his views (...) concerning a number of perennial issues in modern political thought including the grounds for, and limits to, political obligation; the nature of representative democracy; the justification for private property ownership; international relations; and the relationship between secular liberalism and religion. It shows that Paine offers a historically and philosophically distinct account of liberalism and a theory of human rights that is a progenitor of our own. (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)

It is commonly held that the idea of natural rights originated with the ancient Greeks, and was given full form by more modern philosophers such as John Locke, who believed that natural rights were apprehensible primarily to reason. The problem with this broad position is three-fold: first, it is predicated on the presumption that the idea of rights is modern, biologically speaking ; second, it makes it appear that reason and rights are integrally, even causally, linked; (...) finally, it legitimizes debate about just what rights might be, even in their most fundamental essence. In consequence, the most cherished presumptions of the West remain castles in the air, historically and philosophically speaking. This perceived weakness of foundation makes societies grounded on conceptions of natural right vulnerable to criticism and attack in the most dangerous of manners. Most of the bloodiest battles and moral catastrophes of the twentieth century were a consequence of disagreement between groups of people who had different rationally-derived notions of what exactly constituted an inalienable right . If natural rights are anything at all, therefore, they better be something more than mere rational constructions. The adoption of a much broader evolutionary/historical perspective with regards to the development of human individuality and society allows for the generation of a deep solution to this problem—one dependent on a transformation of ontology, much as moral vision. Such a solution grounds the concept of sovereignty and natural right back into the increasingly implicit and profoundly religious soil from which it originally emerged, and provides a rock-solid foundation for explicit Western claims for the innate dignity of man. (shrink)

December 2008 marked the 60th anniversary of the Universal Declaration of Human Rights, arguably the single most important and influential document endorsed by the United Nations. Jacques Maritain was a primary author of the religious liberty clauses of the 1948 Declaration, and the most prominent Christian philosopher ofthe twentieth century. Maritain developed a radical critique of prevailing Westem political and social thought. A persuasive critic of secular humanism and legal positivism, Maritain sought a cultural renewal of Christian Europe (...) by means of rediscovering an integral Christian humanism. This essay explores the central ideas in Maritain's philosophical defense of universal human rights. Maritain placed the philosophical foundation of human rights in natural law, and assumed the existence of a "natural spirituality of intelligence" grasped by a connatural, pre-philosophic intuition. Yet Pope Benedict XVI challenges the central philosophical assumptions at the foundation of Maritain's defense of human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 128-129 [Access article in PDF] Robert Crocker, editor. Religion, Reason and Nature in Early Modern Europe. Dordrecht: Kluwer, 2001. Pp. xix + 228. Cloth, $77.00. By describing the early modern period as such, we thereby avow a continuity with it that ill squares with the following, insufficiently appreciated fact. The early modern counterparts of the largely atheistic American Philosophical Association, (...) let's say, were to an even greater degree theistic, and, moreover, theism affected their description and explanation of the world in a profound way—certainly more so than it does their few theistic descendents. This is true even of authors, like Hobbes and Spinoza, who might be read as leading to later atheism. The fact of early modern theism and its centrality in early modern philosophy and science are amply demonstrated in one after another of the eleven essays of this book.An emblematic figure is Robert Boyle, who figures as a main player in three of the essays, and is at least mentioned in five of the others. Lotte Mulligan, for example, investigates the role of "right reason" in Boyle's argument that religion is illuminated and made [End Page 128] plausible by metaphorically expressed analogies with natural philosophy, and conversely. The upshot is that only the "Christian Virtuoso," endowed with right reason whereby he is inspired to notice and express these analogies, was in a position to interpret the codes expressed both in the book of revelation and in the book of nature, one being incomplete without the other.Luisa Simonutti treats Boyle's engagement with the theological and scientific work of Spinoza through Spinoza's correspondence with Oldenburg. And G. A. J. Rogers deploys the work of Boyle, as well as of Locke, Newton, and the Cambridge Platonists, against the once-standard view (vide Butterfield) that "a major feature of the seventeenth-century was a secularization of knowledge." (Given just the other papers in this volume, this may seem like shooting fish in a barrel. Even so, perhaps one or two of the shots appear to miss. Newton seems proleptically to answer Hume's skepticism about induction by invoking, not divine simplicity, but an argument to the best explanation.)These papers overlap with two others, forming the core of the book. Sarah Hutton and Robert Crocker take on Cambridge Platonism. The former deals with Ralph Cudworth's rejection of Cartesian voluntarism in favor of an intellectualism of goodness and wisdom that grounds both the providential governance of the world and its intelligibility to human inquiry. The latter deals with Henry More's doctrine of the soul's pre-existence, a prima facie unlikely doctrine, but one that is less problematic, according to More, than the orthodox alternatives (creationism and traducianism).Three other papers fall outside this core, but their topics are no less relevant. Perhaps the most undeniable connection between the natural and the supernatural is to be found in Grotius, here studied by Jacqueline Lagree. Likely the most unexpected player will be the eccentric esprit fort, Cyrano de Bergerac. His work of nearly pure fantasy, in the Rabelaisian tradition, might well have made later, more serious heterodoxies possible. James E. Force provides a nice case study in Newton's reliance on what he took to be providentially guided comets as sources for the replenishment of otherwise declining celestial motion and matter (a line which, ironically, was picked up by Hume as a premise of an argument designed to undo the argument from design). Richard H. Popkin outlines three views of Judaism in the period. There is little connection with nature, but an important one with reason via a problem that exercised Cudworth and Newton: most peoples are polytheistic despite the clear monotheism of revelation. One theory had it that Judaism was the original, pure religion, which degenerated into various forms of paganism. But this degeneracy was soon read by the English deists such that originally there was a natural religion, of which Judaism and all others were a degeneration. Transmitted to the Enlightenment by Spinoza... (shrink)

This article vindicates human rights, not as natural rights holding wherever human beings are, but as reducible to one historically constructed right to freedom of thought and its universal modes. Universal morality is elicited from international human rights law. To be moral is first to help engender everywhere either mere inner recognition of the validity of rights or mere outer compliance with their requirements; and to engender finally inner recognition expressed in a duty (...) of outer observance. Human rights ethics replaces the rights consciousness common in the West with a duty consciousness. This universal rational morality supersedes utilitarianism, Kantianism, and other rational theories. Yet moralities making no rational claim on all (e.g., Christian, Buddhist) may flourish within human rights ethics as the universal ethical minimum. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Among philosophers of religion and theologians, debates over Hegel's interpretation of religion in the Phenomenology of Spirit have become the stuff of scholarly legend. Was Hegel a humanistic atheist? Or was he a serious Christian thinker? Both positions have been defended with vigilance in recent years. Now into this fray steps Professor Jamros to offer fresh insights and to argue that neither of these received views captures the thoughts of the philosophical theist who wrote the Phenomenology. Expounding Hegel's philosophical theism (...) through a close and careful study of the texts dealing with religion, Jamros demonstrates that for Hegel divine essence is "universal-essence" and that the self-development of this essence into human existence describes God. In consequence, argues Jamros, the traditional "left-wing" interpretation of Hegel must be rejected, since the autonomy of divine essence in determining this self-development compels us to affirm God's existence. What's more, we realize that since God is the essence of earthly human existence, Hegel's vision of Christianity excludes divine personality and eschatology; we must reject the traditional "right-wing" interpretation as well. Jamros concludes that in the Phenomenology we discover a thinker who spurns Christian other-worldliness and who works assiduously to describe the nexus between God's being and human existence. This nexus ultimately is to be found not in revelation - for the idea of revelation suggests that God's being is something naturally inaccessible to the human intellect yearning for its discovery. Rather, we meet God in the very exercise of reason commended by our desire for assurance of God's being - for God is the logical ground of all that can be thought. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christianity and Human Rights: Influences and IssuesJohn D’Arcy MayChristianity and human rights: Influences and issues. Edited by Frances S. AdeneyArvind Sharma. Albany: State University of New York Press, 2007. xi + 228 pp.The existence of the “Universal Declaration of Human Rights by the World’s Religions” (UDHRWR) deserves to be more widely known, and this book not only reproduces the text, drawn up (...) for a conference in Montreal to mark the fiftieth anniversary of the UN’s Universal Declaration of Human Rights (UNUDHR, 1948), but offers a point-by-point comparison of the two documents by Frances Adeney and a series of papers that illuminate the issues raised by such declarations from very different points of view. The premise of the whole undertaking is that religious perspectives were not adequately represented in the UN Universal Declaration of Human Rights, though even this is questioned by some of the contributors. The UDHRWR explicitly mentions the right to change one’s religion, asserting in article 18 (1): “There shall be no compulsion in religion. It is a matter of choice,” and it includes “the rights of nature and the earth” (art. 29 [1]; see also 24 [2]). Article 12 (4 and 5) also asserts the duty and the corresponding right of not denigrating the religions of others. Article 16 (5) mentions monasticism as an institution worthy of protection alongside marriage. [End Page 172]In an extremely detailed examination of the work of the Third Committee, which brought the original UN document to the floor of the General Assembly, Sumner B. Twiss finds abundant evidence that religious issues were debated at great length, with great respect, and from a wide range of cultural and religious backgrounds. The committee included representatives of Christian, Confucian, Marxist, Hindu, Buddhist, and Muslim traditions, and Twiss claims that it is a mistake to regard the document they produced as either Western or secular in intent. The question of the relationship between rights and duties was thoroughly debated, as were the social dimensions of both and the underlying theological and ideological issues. Although religious terminology was eventually omitted, this was agreed in an atmosphere of exemplary tolerance and mutual understanding. Twiss concludes: “The UDHRWR is redressing a nonexistent problem presumably posed by the UDHR” (p. 69).Nevertheless, in the present context of the desecularization or resacralization of the world, a more explicit treatment of religious aspects of human rights seems appropriate, and the papers collected here raise problems that are still with us. Frances Adeney introduces several of them: the distinction between public and private spheres, the relative weighting given to creation and sin, and the relationship between rights and duties. The specifically Christian contribution to the debate, in her view, is the insistence on the universality of human rights derived from the biblical conception of the human as the “image of God,” so that “Christians through the ages have assigned a transcendent worth to human beings” (p. 20). The dimension of community is signaled by the extension of the covenant from ethnic group to faith community, thus linking the covenant family of God to the unity of humankind. Whether this link is strong enough to secure the universality of human rights, however, remains an open question.The Christian ethicist Max Stackhouse counterposes to this the “profound individualism” implicit in human rights thinking: it is this, rather than abstract or absolute universals, that lays the basis for civil society and, in its Christian variants, “provides the safest havens for non-Christian religions to flourish without political control” (p. 49). It is the rights of each individual, not of communitarian entities, that are to be respected. The religions tend to be particularistic, but this does not mean that the sources of human rights thinking are necessarily secular humanist. Stackhouse leaves us with two very significant questions: “... whether we can form a global civil society that does not have a theologically based inner moral architecture,” and whether “human rights principles become more effective without attention to their roots and justifying ultimate legitimations” (p. 50). Terry Muck also confronts us with the tensions between universality and cultural specificity, the individual and the communal, arguing that religions all... (shrink)

This paper examines the rights of nature (RoN) as a product of religious beliefs and how the increasing abandonment of religious beliefs in Europe could impact the development of RoN on the continent. As a concept rooted in religious and Indigenous peoples’ practices, this article argues that there are no religious and Indigenous peoples’ ideologies in Europe upon which RoN of nature could be anchored. Furthermore, since hardly any groups in Europe identify as Indigenous peoples in the (...) strict sense of the term, except some groups in Scandinavia, RoN in Europe cannot be effective as there is no special attachment of most Europeans to natural entities. To achieve this argument, the Enlightenment period is pointed out as the starting point for the abandonment of religion in Europe. Because of this, the article contends that the recent law on RoN for Mar Menor in Spain may fail as it is not rooted in religious philosophies. To transplant RoN to Europe and for it to be effective, a new religion with spiritual traditions and insights consistent with the worldview of RoN would have to be developed. However, for such a view to be protected under Article 9 of the European Convention on Human Rights, it must “attain a certain level of cogency, seriousness, cohesion, and importance.” It is not certain if RoN has attained such a threshold in Europe or will ever attain it. Using the Białowieża Forest case, the paper concludes that nature already has adequate protection in the current legal system in Europe, and it is not necessary for the European Union to adopt RoN. (shrink)

Are humans naturally predisposed to religion and supernatural beliefs? If so, does this naturalness provide a moral foundation for religious freedom? This volume offers a cross-disciplinary approach to these questions, engaging in a range of contemporary debates at the intersection of religion, cognitive science, sociology, anthropology, political science, epistemology, and moral philosophy. The contributors to this original and important volume present individual, sometimes opposing points of view on the naturalness of religion thesis and its implications for religious freedom. Topics include (...) the epistemological foundations of religion, the relationship between religion and health, and a discussion of the philosophical foundations of religious freedom as a natural, universal right, drawing implications for the normative role of religion in public life. By challenging dominant intellectual paradigms, such as the secularization thesis and the Enlightenment view of religion, the volume opens the door to a powerful and provocative reconceptualization of religious freedom. (shrink)

The challenges facing the life-worlds of political societies in the Islamic world require a radical shift of perspective that can improve our understanding of the contemporary situation of human rights politics. Not only the classical formulation of secularism, which aims at liberating the public sphere from domination of ‘the sacred’, but also the political-theological approach, which addresses the problems of modernity within the context of a disguised and refurbished dominance of ‘the transcendence’, suffer from and share a basic (...) insufficiency in handling human rights issues. According to these approaches, the basic issue stems from a realignment in relations between logics of the sovereign and the sacred or a redefinition of the position of state against religion. In this article, my object is shifting the scope of discussion concerning the rights beyond this logic of sovereignty by adopting an approach which provides a political ground for discussing the intermingling of religion in the life-world. From my point of view, the first step that should be taken to deepen our understanding of the argument of freedom is to unveil the nature of the sacred within the framework of a power network that longs for control over the whole lives of individuals constituting the society. In this regard, by going beyond the concepts such as fanaticism, fundamentalism or terrorism provided by ‘state mentality’, the significance of lifestyle politics for ‘rights talk’ will become more evident. From this point of view, the detection and critique of a zone of ‘weak citizenship’ constructed through restrictions stemming from the values and norms arising from the perceptions of particular communities organized through family, tradition and justice are essential. Such a critique will pave the way for a radical politicization of lifestyles by way of criteria of the demands for equal respect and dignity. (shrink)

In this article, the subject of Jesus and the Gospel is discussed according to the Qurʾān. This study focuses on the position of Jesus and the nature of the Gospel from the perspective of the Qurʾān about the perception of Jesus and the Gospel in the Christian belief. The issue of Jesus and the Gospel has been the subject of different understandings and discussions between Muslims and Christians from the first periods of Islamic history until today. There are serious (...) confusions around them both within the Christian world and Islamic world. Even if there are common points between the information contained in the New Testament and in the Qurʾān on these issues, this information does not agree with each other. While Jesus and the Gospel described in the Qurʾān are not independent and not detached from the historical process of divine revelation; Jesus, which was placed in a superior position in Christianity, and the Gospels written by different writers on different dates after Jesus, do not integrate with this historical process. As for the Islamic world, it can be said that the perception of Jesus and the Gospel is not directly shaped by the Qurʾān, but rather by narratives and common beliefs. In this article where concept analyses are intense, the Qurʾān, the Bible, TDV (Türkiye Religious Foundation) Encyclopaedia of Islam, dictionaries, commentary resources and studies on Jesus and the Bible were mainly referred to. According to the Qurʾān, all the messengers called rasūl and nabī are human prophets chosen by Allah and none of them are angel or superhuman. Allah is the only God and there is no god but Him. According to the Qurʾān, it is not possible for God to adopt a wife or son. Allah is not the third of the three that finds its expression in the Christian belief in the form of the trinity: The Father, the Son and the Holy Spirit (Rūḥ al-Quds). According to the Qurʾān, every understanding that deifies Jesus and carries him to a position above human is a deviation from the right path. The deification of Jesus, who was born of Mary without a father, has been a belief formed over time. It is stated in the Qurʾān that Jesus is a messenger of Allah and a word He informed Mary, like the other prophets. What is meant by the word of God is that Allah heralds Mary with a child whose name is Christ, Jesus and the son of Mary. While it is said in the Qurʾān that Jesus is the word of God, it is not meant that the word is embodied and transformed into Jesus; however, it is meant that Jesus was created and brought to life with a word that came from Allah. The fact that Jesus is the word of God can also mean that he will speak to people in the name of Allah when he is in the cradle and then with the words that were revealed to him, and he will notify the way of the Lord in his message. As his birth is a miracle, his talking to people while in the cradle is also a miracle. Allah put His words in the mouth of Jesus like as He put them in the mouth of Prophet Muḥammad, and He also revealed the Gospel to Jesus. Thus, the words of God and the messenger who speak in the name of Allah became synonymous. Because when he speaks in the name of Allah, the words coming out of his mouth are not the words of Jesus himself, but the words of God. All prophets, including Jesus, are a single ummah sent on Islam. The essence of the books they brought from Allah is one. Although there are some differences in details arising from history, culture and social conditions, there is no difference between them in terms of the basic principles, norms and decrees brought from Allah in matters of faith, worship, morality and law, and especially the principle of unification. According to the Qurʾān, the Bible is the name of the divine book that Allah sent down to Jesus who was held responsible for His message, and that confirms the previous books. Contrary to the common belief among Muslims, the Qurʾān does not abolish the Gospel sent down to Jesus, but endorses it. In fact, all the books that God sent through the prophets confirm each other in terms of their essence, as well as the basic principles and provisions they contain. Allah taught Jesus the book, the wisdom, the Torah and the Bible, and sent him to confirm the Torah. He also sent down the Qurʾān to Prophet Muḥammad as confirming the Torah and the Bible. The purpose of these books sent down by Allah is to provide guidance and light to humanity. It is emphasized in the Qurʾān that all the prophets are actually one ummah, and that God who sent them is the true Lord of the people and that worship should be done only to Him. The verse in the Qurʾān "The only religion in the sight of Allah is Islam" should be understood in this context. In this respect, the common understanding among the scholars who study in the Islamic tradition that Qurʾān abrogated the divine books sent to humanity before, which is incompatible with the Qurʾān and turned into a common belief, should be reviewed and evaluated. (shrink)

Due to the significant and often careless human impact on the natural environment, there are serious problems facing the people of today and of future generations. To date, ethical, aesthetic, religious, and economic arguments for the conservation and protection of the natural environment have made relatively little headway. Another approach, one capable of garnering attention and motivating action, would be welcome. There is another approach, one that I will call a rights approach. Speaking generally, this approach is an (...) attempt to address environmental issues via the language and theory of legal and moral rights. Ultimately, it is our duties to our fellow humans that explain why we have duties regarding the natural environment. There are three main contenders among theories that can be called rights approaches to environmental issues. The first identifies the (alleged) human right to a healthful environment as the source of our obligations to conserve and protect nature. The second approach has it that our duties to nature arise from the rights of the constituents of nature themselves, its flora and fauna. The third approach to addressing environmental problems via rights is, I argue, the best path to environmental conservation and protection. This approach—which grounds duties toward nature on the human right to health—has the benefits of being a straightforward, uncontroversial, and simple approach to issues and problems that desperately need to be resolved. (shrink)

Approximately twenty years after it was necessary to fight for human rights, the time came when it was necessary to do it again. Or to begin at the very least to protect them very strongly and thoroughly in a preventive manner. Other methods and means will revert to time when human rights were formally anchored but their material establishment is not yet realized, or not at least to the extent expected corresponding to their real substance. The (...) beginning of the 90’s in Central and Eastern Europe was a success in that human rights began to be looked on as natural, forming the basis of democratic State respecting the rule of law. Today we are increasingly more often encountering the reality that human rights, on the contrary, to the same extent that they have been able to be established, they are losing in value. The biggest danger consists in the fact that limiting of human rights often is attended by silence, without wider public discussion or deliberations. The lack of qualified discussion during the limiting of human rights by way of laws and implementing regulations is however a systemic problem. Correction of its results can be often very complex and doing away with the causes a long term effort. It is dependent on the quality of representative democracy and of the civil society as well. This article is devoted to problem of implementation of evidence of data accompanying telecommunications traffic, the so-called data retention, and in its development from lack of legal regulation to roughly unconstitutional legal regulation and finally to hope for a reasonably constitutional solution. (shrink)

Human nature is a concept that transgresses the boundary between science and society and between fact and value. It is as much a political concept as it is a scientific one. This chapter will cover the politics of human nature by using evidence from history, anthropology and social psychology. The aim is to show that an important political function of the vernacular concept of human nature is social demarcation (inclusion/exclusion): it is involved in regulating (...) who is ‘us’ and who is ‘them.’ It is a folk concept that is used for dehumanization, for denying (a) membership in humankind or (b) full humanness to certain people in order to include or exclude them from various forms of politically relevant aspects of human life, such as rights, power, etc. (shrink)

The natural rights with which we have been dealing are, however, inseparably connected, in the very person who is their subject, with just as many respectiveduties; and rights as well as duties find their source, their sustenance and their inviolability in the natural law which grants or enjoins them.Since men are social by nature they are meant to live with others and to work for one another’s welfare. A well-ordered human society requires that men recognize and (...) observe their mutual rights and duties. It also demands that each contribute generously to the establishment of a civic order in which rights and duties are more sincerely and effectively acknowledged and fulfilled. (shrink)

Are human rights universal or the product of specific cultures? Is democracy a necessary condition for the achievement of human rights in practice? And when, if ever, is it legitimate for external actors to impose their understandings of human rights upon particular countries? In the contemporary context of globalization, these questions have a salient religious dimension. Religion intersects with global human rights agendas in multiple ways, including: whether ''universal'' human rights (...) are in fact an imposition of Christian understandings; whether democracy, the ''rule of the people,'' is compatible with God's law; and whether international efforts to enforce human rights including religious freedom amount to an illicit imperialism. This book brings together leading specialists across disciplines for the first major survey of the religious politics of human rights across the world's major regions, political systems, and faith traditions. The authors take a bottom-up approach and focus particularly on hot-button issues like human rights in Islam, Falun Gong in China, and religion in the former Soviet Union. Each essay examines the interaction of human rights and religion in practice and the challenges they pose for national and international policymakers. (shrink)

This paper explores the alleged role of a conception of human nature for Kant’s justification of the duty to leave the state of nature and the related right to coerce others to enter the civil condition in the Doctrine of Right (1797). I criticise the interpretation put forward by Byrd and Hruschka, according to which Kant’s postulate of public right is a preventive measure based on a “presumption of badness” of human beings. Although this reading seems (...) to be supported by § 42 of the Doctrine of Right, I shall argue that the paragraph neither offers a justification of why we have a duty to leave the state of nature, nor explains why individuals are allowed to coerce others to do so. I offer an alternative interpretation of § 42 by focusing on the difference between formal and material violations of right and argue that the rationale behind the postulate of public right is the idea that remaining in the state of nature is a formal violation of the concept of right. It is therefore not prudential reason that authorizes us to coerce others to enter the lawful condition. (shrink)

Kant’s Religion postulates the idea of an ethical community as a necessary requirement for humanity to become good. Few interpreters acknowledge Kant’s claims that realizing this idea requires building a “church” characterized by unity, integrity, freedom, and unchangeability, and that this new form of community is a non-coercive version of theocracy. Traditional theocracy replaces the political state of nature with an ethical state of nature ; non-coercive theocracy transcends this distinction, uniting humanity in a common vision of a (...) divine legislator whose legislation is inward: the law of love binds church members together like families. (shrink)

The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any apparent departures (...) between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief. (shrink)

This paper pays special attention to T.H. Green's account of rights as developed in the Lectures on the Principles of Political Obligation. Green's theory can be viewed as having at least two main levels. The first level is his general account of rights, emphasizing the notions of social recognition, of a power or capacity that each right-holder has, and of the common good subserved by proper rights. The second level is that of universal rights; here special (...) attention will be paid to Green's critique of seventeenth-century natural rights and to the theory of human rights that Green evolved to replace and improve upon the old natural rights tradition. In its account of contemporary human rights theory, the paperwill emphasize the special role that social recognition plays in both the moral project of justifying human rights and in the institutionalization that is a necessary feature of any fully constituted human right, functioning at full capacity. (shrink)

The author argues the concept of human rights is a development of the older notion of natural rights and that the modern understanding of natural rights evolved in the context of the European struggle to legitimate its overseas empires. The French Revolution changed this by, in effect, linking human rights to the idea of citizenship. Human rights were thus tied not only to a specific ethical-legal code but also implicitly to a particular (...) kind of political system, both of inescapably European origin. In both cases, however, being employed was an underlying idea of universality whose origins are to be found in the Greek and Roman idea of a common law for all humanity. He ends by arguing that to defend human rights against its non-Western critics, one must be aware of the genealogy of the concept and then be prepared to endorse an essentially Western European understanding of the human. (shrink)

Politics is on the one hand an attempt to implement certain good, a desire for achieving agreed objectives, on the other hand – as Max Weber says – a simultaneous a#empt to avoid a particular evil. If in defining the notion of politics there are references to good and evil, purpose and desire, it has to include the non-political spheres – culture, axiology, religion. Mark Lilla argues that for decades we have been aware of the great and final separation that (...) has taken place in Western Europe between political and religious life. This awareness implies a conviction, which is obligatory today in most countries and societies, that to separate politics from religion is a great achievement. For many thinkers and politicians this is an undisputed success from which the West learns to benefit while preparing other regions of the world for such separation. Therefore it seems that modern politics should be free from religious inspiration and temptation. On the other hand, many sociologists and political scientists show the vitality of religious attitudes, proving that in its deepest essence religion is an expression of human behaviour. Each person and each community always has an element of irreducibility which is an internal defence against reducing man to “here and now”, restricting his world to what is useful and usable. We experience that in man there is a natural opening to what is transcendent. Thus, if man is ever to achieve individual and social reconciliation with himself, he will always look for rational and moral meanings. This situation creates a platform for the emergence of a completely new a#itude in society and politics – to seek and pursue spirituality in a world without religion. Increasingly, the understanding of religion reveals itself in a wide etymological sense, sociological and ethnological: religare – “to connect”, “to bind”, “to build community ties”. Religion so understood would be a great solution to the dilemma of separation – the adoption of religion (bonds) without the doctrine, while ensuring social cohesion, strengthening the feeling of being together, maintaining a spiritual connection. Many thinkers are convinced that we cannot base social life only on fear, discipline and economy; we need a deeper and stronger foundations for Community Cohesion. But is such a project possible at all? Is politics becoming a place for the formation of relationships, education and conservation of values, a narrative space which tells citizens what is good and right and what is wrong and alien? Can it replace religion in its deepest essence – in its intimate sense of an exploration and discovery of transcendence? Will it not become a caricature of religion, and a caricature of politics, and ultimately a trap for freedom? (shrink)

At the end of February 2000 the Pope fulfilled a longed-for dream in his visit to Egypt, culminating in his ascent to Mount Sinai. Here the Pope displays once again a perfect intertwining of reason and faith, philosophy and theology. This paper delves into the metaphysical ground of social ethics, as Fr. de Torre did in the 1977 book, The Roots of Society.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Tragic Vision of African American ReligionPaul E. CapetzThe Tragic Vision of African American Religion Matthew V. Johnson New York, N.Y.: Palgrave Macmillan, 2010. 189 pp. $75.00Matthew Johnson’s profound book The Tragic Vision of African American Religion sheds new light upon the distinctive nature of African American religion. Adequate interpretation of this topic requires understanding the traumas inflicted upon Africans sold into slavery, their existential predicaments before (...) and after emancipation, and the ongoing plight of their descendants whose psyches have been indelibly scarred by this traumatic history. Johnson avails himself of the resources of philosophical theology, psychoanalytic theory, and literary criticism to argue his thesis that African American religion expresses a tragic vision of reality. Besides providing an illuminating analysis of the traumatic experience underlying this religious vision, Johnson presents a compelling constructive proposal as to the broader implications of his thesis for Christian theology at large.As a student of David Tracy and Langdon Gilkey, Johnson sees the necessity for rigorous philosophical reflection in theology. Because the spirituality of the black church stands in some real tension with the traditional theological categories inherited from Europe, Johnson proceeds with “a phenomenological orientation grounded in a philosophical hermeneutical approach” that allows him to excavate the traumatic experiences informing this spirituality (4). He skillfully uses the concepts of mourning, loss, longing, and desire developed in psychoanalytical theory to probe the significance of trauma for grasping the dynamics of African American spirituality. He engages literary criticism and argues convincingly for a distinction between “tragedy” as a literary genre and the tragic vision it articulates. Indeed, the tragic vision is prior to tragedy. The tragic is not the encounter with meaninglessness per se but “the always already aesthetic representation of the encounter, which preserves its terrible truth in a transfigured vision of reality” (6). This vision affirms life while facilitating “the recognition and embrace of the darker, more fundamental truths of life” (7).Cognizant that other theologians have declared the incompatibility of Christian faith with a tragic vision of reality, Johnson believes otherwise. He insists that the tragic is fundamental to human experience as such, although it is frequently evaded by strategies of foreclosure—including those of Christian theology—that falsify the experience. Yet the distinctive thing about the black religious experience is the way African Americans made the Christian faith [End Page 215] their own by transforming it at a deep spiritual level through their tragic vision. Mildly critical of previous formulations of black theology, Johnson contends that this involved much more than the affirmation that God cares about the sociopolitical liberation of oppressed people. The Christian tragic vision of the black experience offers the possibility of a new basis for “theology in an African American key” (6). Since he understands himself primarily as a Christian theologian, however, Johnson addresses an audience consisting of more than fellow black theologians. He rightly highlights a profound truth that white theologians have largely failed to grasp: the contribution of the black church “transcends the confines of African American culture to speak meaningfully to a Christian faith struggling to remain viable in a meaningful way” (10).James Cone once issued this challenge: “Why don’t white theologians make racism their issue?” White theologians who ponder Johnson’s book will begin to understand the full import of this challenge: by opening ourselves unreservedly to the pain of our black sisters and brothers, we may discover anew the meaning of that genuine humanity to which the gospel summons all people. A theological reformulation of Christian faith as tragic in the light of the traumas of the black experience could occasion a much needed reformation of the white churches in America.Paul E. CapetzUnited Theological Seminary of the Twin CitiesCopyright © 2012 The Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations (...) on 10 December 1948;Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This book examines how enlightened Scottish social theorists c.1740 to c.1800 understood the origin and development of religion. Challenging scholarly disregard for the topic, it shows how most prominent thinkers of the Scottish Enlightenment thought deeply about the relationship between religion, human nature and historical change. The Scots viewed this relationship as an important strand within the study of the 'science of human nature' and the 'history of man.' The fruits of this investigation were a sophisticated (...) and innovative account of religious change that is characterized by a striking modernity and naturalism, even by the more devout theorists. The views of the literati surveyed here need to be incorporated into our larger histories of the 'science of religion' as much as they do into our understanding of the social theory of the Scottish Enlightenment. (shrink)

Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation (...) of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”. (shrink)

No global professional codes for the natural science and technology professions exist. In light of how the application of new technology can affect individuals and communities, this discrepancy warrants greater scrutiny. This article analyzes the most relevant processes and seeks to explain why these processes have not resulted in global codes. Moreover, based on a human rights approach, the article gives recommendations on the future process and content of codes for science and technology professions. The relevance of (...) class='Hi'>human rights in the realm of individual conduct is based on the fact that while human rights treaties primarily outline State obligations, individuals have responsibility for human rights promotion. Human rights principles have only recently been subject to interests from policy makers and academics, and must be better clarified. Human rights principles are found to be relevant, but are effective only if they are applied in conjunction with substantive human rights. (shrink)

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. Concerning (...) the second, I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights. (shrink)