Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good of (...) the right-holder. This has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognising that they do. Cruft argues that only rights that exist primarily for the sake of the right-holder can qualify as natural in this sense.In its relation to property, however, matters are far more complicated because much property is groundable only by common or collective goods beyond the right-holder's own good. For such property, Cruft argues that a non-rights property system-that resembles modern markets but is not conceived in terms of rights-would be preferable. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics might expect, and is surprisingly doubtful about property as an individual right. (shrink)

Trans and gender-nonconforming people sometimes say that certain gender norms are authentic for them. For example, a trans man might say that abiding by norms of masculinity tracks who he really is. Authenticity is sometimes taken to appeal to an essential, pre-social “inner self.” It is also sometimes understood as a moral notion. Authenticity claims about gender norms therefore appear inimical to two key commitments in feminist philosophy: that all gender norms are socially constructed, and that many domains of gender (...) norms are both morally and prudentially bad. I argue that that this apparent tension is illusory. Concordant with existing trans narratives of authenticity, I articulate an existentialist view that understands authenticity as a socially embedded, constructive project undertaken in a non-ideal social world, rather than a reflective uncovering of a pre-given, essential self. I then show that authenticity and morality can come apart; what is authentic for someone need not be either morally good or good for them. I conclude that the authenticity of gender norms does not cut against the feminist commitments that I identify. This conclusion enables a theoretical space that is both respectful of trans experience and critical of dominant gender norms, an important liberatory goal. (shrink)

Brazil’s Movement of the Landless emerges from this collection as one of the great social movements of modernity. In historical chapters we see its evolution from confrontations with landowners and police in land invasions in the South of Brazil in the 1970s to become a multi-faceted movement with a presence throughout Brazil. More than a pressure group for Land Reform, it turned to mount a comprehensive challenge, on linked legal, cultural, political and economic fronts to Brazil’s dominant model of development. (...) Its ‘social movement approach’, conjoining challenge to Brazil’s massive inequalities with the formation of active citizens among the marginalised rural poor, has become a model for movements in the urban scene. We see this not just through the rich descriptive accounts of MST actions, but because the contributing editor, Miguel Carter, has pointed the action portraits with theoretical acumen, and, with other contributors, placed them in historical context. (shrink)

In Why We Build Rowan Moore shows how buildings are driven by human emotions and desires – such as hope, power, money, sex, and the idea of home – and how buildings then shape our experiences.

Suppose that it would be best if some set of people all did A, significantly worse if they all did B, and worst of all if some did A while some did B. Now suppose that they’re all going to do B, regardless of what the others do. It seems as though each of these people ought to pick B, given what the others are going to do. Yet it also seems as though something has gone wrong. This leads to (...) a puzzle: how can it be wrong for everyone to act as they ought? In this paper, I resolve this puzzle by arguing that there are joint ‘oughts’ which apply irreducibly to pluralities of agents, and which can pull in different directions to ‘oughts’ holding of given individuals; even if everyone individually ought to pick B, what they jointly ought to do is all pick A. (shrink)

Oppressive ideology regularly misrepresents features of structural injustice as normal or appropriate. I argue that resisting such injustice therefore requires critical examination of the evaluative judgments encoded in shared concepts. I diagnose a mechanism of ideological misevaluation, which I call hermeneutical misfit. Hermeneutical misfit occurs when thick concepts, or concepts which both describe and evaluate, mobilise ideologically warped evaluative judgments which do not fit the facts (e.g. slutty). These ill-fitted thick concepts in turn are regularly deployed as if they merely (...) describe (hence ‘just the facts’). I argue that, via this descriptive masquerade, ill-fitted thick concepts smuggle in warped evaluative judgments alongside apparently value-neutral ‘mere facts’, a process which both reinforces those judgments and increases the difficulty of critique. I suggest that, to resist this process, we should develop collective consciousness and articulate ‘meta-hermeneutical resources,’ or thick concepts which encode critique of other, ill-fitted concepts (e.g. slut-shaming). (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

Journal of Applied Philosophy, EarlyView.

For many years there has been discussion regarding the problems confronting our current ethics review system. Commentators have identified numerous issues that threaten the sustainability of Australia’s voluntary HREC system. Various ad hoc solutions to these problems have been posed, but have not resulted in any significant advances. However, in recent years, discourse regarding research governance has become prominent in the Australian research environment. The application of research governance principles is gaining momentum amongst the regulators of research, including research institutions (...) and their governing bureaucracies. We argue that this is potentially the most significant development in several years towards creating a sustainable HREC system in Australia. The recognition by research institutions and their governing bureaucracies that the responsibility for overall research governance lies with them, rather than solely with their HRECs, is leading to a range of initiatives which should significantly lessen the burden on Australian ethics committees, and improve their ability to undertake their core task of reviewing the ethical aspects of research proposals. (shrink)

"Proof" has been and remains one of the concepts which characterises mathematics. Covering basic propositional and predicate logic as well as discussing axiom systems and formal proofs, the book seeks to explain what mathematicians understand by proofs and how they are communicated. The authors explore the principle techniques of direct and indirect proof including induction, existence and uniqueness proofs, proof by contradiction, constructive and non-constructive proofs, etc. Many examples from analysis and modern algebra are included. The exceptionally clear style and (...) presentation ensures that the book will be useful and enjoyable to those studying and interested in the notion of mathematical "proof.". (shrink)

Responding to the complicated conditions produced by both the Constantinian Revolution and the collapse of the Roman Empire in the West, Augustine concerned himself not so much with “earthly transitions” as with the only transition that he believed had final significance: the transition of Christ from death to life.

Journal Name: Semiotica - Journal of the International Association for Semiotic Studies / Revue de l'Association Internationale de Sémiotique Volume: 2013 Issue: 196 Pages: 431-441.

Gender norms can guide our sense of what we feel like we ought to do, even when we don't want them to. Understanding this norm responsiveness is an important part of understanding how oppressive gender systems are sustained. According to a social constructionist position, gender norm responsiveness happens as a result of social training, or socialization. It's often assumed that this training depends on our gender categories—that, for example, those who occupy the category “man” will be responsive to masculine norms, (...) and so on. Call this a category-based view. But trans and gender-nonconforming people are often responsive to gender norms that don't match our gender categories. This is sometimes taken as evidence for the conclusion that normative masculinity and femininity are somehow innate or presocialized. I reject this inference. I argue that we should instead dispense with a category-based view, and instead adopt a traits-based view. Gender norms apply to individuals on the basis of the gender-coded traits that they express. A traits-based view represents a social constructionist account of gender norms that leaves room for trans and GNC experiences of normative gender, and thus represents an important step towards creating inclusive theory. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...) are owed. (shrink)

Recently, the concept of "gender identity" has enjoyed a great deal of attention in gender metaphysics. This seems to be motivated by the goal of creating trans-inclusive theory, by explaining trans people's genders. In this paper, we aim to unmotivate this project. Notions of "gender identity" serve important pragmatic purposes for trans people, such as satisfying the curiosity of non-trans people, and, relatedly, securing our access to important goods like legal rights and medical care. However, we argue that this does (...) not mean that "gender identity" is a metaphysically substantial thing that deserves extensive theoretical attention. There are reasons to be skeptical of such a concept. We trace the history of "gender identity," primarily to identify its roots in trans-antagonistic medical theory and its connections to the problematic "wrong-body" model--a legacy that has pathologized and flattened trans experience. Moreover, we argue that trans people primarily use "gender identity" to explain ourselves to non-trans people, rather than to discuss ourselves among ourselves. Thus, we urge theorists to resist the urge to substantiate gender identity. Instead, we encourage the development of new and better concepts, ones that attend to the lived realities of trans community and the flourishing gender terms and practices that are constructed there. If these lived realities are taken seriously, there is no need to “explain” trans people’s genders; we can simply see them as they are. (shrink)

We argue for three main claims. First, the sentence ‘A and B ought to φ and ψ’ can express what we a call a joint-ought claim: the claim that the plurality A and B ought to φ and ψ respectively. Second, the truth-value of this joint-ought claim can differ from the truth-value of the pair of claims ‘A ought to φ’ and ‘B ought to ψ.’ This is because what A and B jointly ought to do can diverge from what (...) they individually ought to do: it may be true that A and B jointly ought to φ and ψ respectively, yet false that A ought to φ and false that B ought to ψ; and vice-versa. Third, either of two prominent semantic analyses of ‘ought’ – Mark Schroeder’s relational semantics, and Angelika Kratzer’s modal semantics – can model joint-ought claims and this difference in truth-value. (shrink)

If it works, I can use Putnam’s vat argument to show that I have not always been a brain-in-a-vat. It is widely thought that the vat argument is of no use against closure scepticism – that is, scepticism motivated by arguments that appeal to a closure principle. This is because, even if I can use the vat argument to show that I have not always been a BIV, I cannot use it to show that I was not recently envatted, and (...) it is thought that the claim that I am not justified in thinking that I was not recently envatted is all that the closure sceptic requires. In this paper I first argue that scenarios in which I have been recently envatted are inadequate for the sceptic’s purposes, and so the standard argument that the vat argument is of no use against closure scepticism fails. I then argue that it is not possible to revise the standard argument to meet my objection. I conclude that, if it works, I can use the vat argument as a defence against closure scepticism. (shrink)

The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of human rights. The chapter concludes with (...) an overview of the chapters present in the volume. (shrink)

Trans people often prioritize self-identification and self-determination when it comes to gender. We think people have a right to tell us who they are, rather than to be told who they are. But what does this really mean? And what should we do when someone self-identifies in bad faith--such as when the Club Q mass shooter (briefly) identified as nonbinary? I discuss these questions in a short blog post.

In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

Basic rights are often of great instrumental value in securing protection for important human needs and interests. The first two sections of this paper defend the thesis that basic rights are also valuable independently of their instrumental role. Taking my cue from Frances Kamm's suggestion that basic rights reflect or express human worth, in the third, fourth and fifth sections I develop the proposal that the non-instrumental value of basic rights derives from their constitutive role in a universal form of (...) community or fellowship. The importance of basic rights' instrumental role is reaffi rmed in the final section of the paper, which builds on the earlier sections to offer a 'mixed' theory according to which basic rights have both instrumental and non-instrumental value. (shrink)

Comments on a prior discussion of animal rights by Gordon G. Gallup, Jr. Gallup asserted that there are no inherent rights; they are inventions of the human mind. Thus, animals only have rights to the extent that we say they do. In this comment, Andrew N. Rowan posits that there is more universal agreement as to why some beings have certain rights than Gallup credits. However, even though philosophers have attempted to develop consistent arguments to underpin a "rights" theory, (...) there are still many problems. Some of these problems are briefly touched upon here. 2012 APA, all rights reserved). (shrink)

OBJECTIVES: To compare 2005 and 1995 ethics guidelines from journal editors to authors regarding requirements for institutional review board (IRB) approval and conflict-of-interest (COI) disclosure. DESIGN: A descriptive study of the ethics guidelines published in 103 English-language biomedical journals listed in the Abridged Index Medicus in 1995 and 2005. Each journal was reviewed by the principal author and one of four independent reviewers. RESULTS: During the period, the proportion of journals requiring IRB approval increased from 42% (95% CI 32.2% to (...) 51.2%, p<0.001) to 76% (95% CI 66.4% to 83.1%, p<0.001). In 2005, an additional 9% referred to the Declaration of Helsinki or the International Committee of Medical Journal Editors' Uniform requirements for ethical guidelines; 15% (95% CI 8.5% to 22.5%, p<0.01) provided ambiguous or no requirements. The proportion of journals requiring COI disclosure increased from 75% (95% CI 66.6% to 83.3%, p<0.05) to 94% (95% CI 89.4% to 98.6%, p<0.05); 41% had comprehensive requirements, while some addressed only funding source (6%), were vague (10%) or both (14%). Criteria for authorship rose from 40% (95% CI 30.5% to 49.5%, p<0.05) to 72% (95% CI 63.3% to 80.7%, p<0.05). Journals with higher impact factors were more likely to require IRB approval (p<0.01). Journals in anaesthesia and radiology all required IRB approval; requirements in other disciplines varied. CONCLUSIONS: Instructions to authors regarding ethical standards have improved. Some remain incomplete, especially regarding the scope of disclosure of COI. The ethical guidelines presented to authors need further clarification and standardisation. (shrink)

This paper argues that solicitors are required to lawyer relationally when delivering independent legal advice (ILA) to (predominantly) women set to provide suretyship for their intimate partner’s debts. Case law tells us that women providing suretyship may be entering the transaction under the coercion of their partner. Coerced debt is a form of economic abuse, which in turn is a form of domestic abuse. ILA in this context therefore provides an important intervention to potentially assist victims of abuse before entering (...) (potentially more) debt at the hands of their abuser. To make ILA purposeful, solicitors must prioritise relational values/dynamics such as consultation, care, judgement, and empowerment; the anti-thesis of market-exchange lawyering which is characterised by the values such as objectivity and detachment. Market-exchange lawyering is also associated with ethical apathy as lawyers prioritise their client’s means-ends above all else, therefore failing to consider the broader implications of those ends (in terms of their client’s best interests and/or the public interest). Drawing on interview data with 22 solicitors, it is demonstrated that most interviewees provide tick-box ILA prioritising completion. That is, most interviewees prioritised values of commerce over values of care when acting for women who may be experiencing economic abuse. (shrink)

D. C. Stove's analysis of Popper's theory of scientific statements is vitiated by at least three errors, all of which stem from a crucial omission: that whilst Popper's theory of scientific statements is a theory of statements in science, Stove's restrictive analysis ignores the context of the statements and proceeds as though they were related to each other by nothing more than the logic of propositions, i.e. they appear in Stove's analysis as atomistic, as distinct from scientific statements.

To be told, ‘know thyself’ is to be told that I don't know myself yet: it carries the assumption that I am in some sense distracted from what or who I actually am, that I am in error or at least ignorance about myself. It thus further suggests that my habitual stresses, confusions and frustrations are substantially the result of failure or inability to see what is most profoundly true of me: the complex character of my injuries or traumas, the (...) distinctive potential given me by my history and temperament. I conceal my true feelings from my knowing self; I am content to accept the ways in which other people define me, and so fail to ‘take my own authority’ and decide for myself who or what I shall be. The therapy-orientated culture of the North Atlantic world in the past couple of decades has increasingly taken this picture as foundational, looking to ‘self-discovery’ or ‘self-realization’ as the precondition of moral and mental welfare. And the sense of individual alienation from a true and authoritative selfhood mirrors the political struggle for the right of hitherto disadvantaged groups, especially non-white and non-male, to establish their own self-definition. The rhetoric of discovering a true but buried identity spreads over both private and political spheres. The slogan of the earliest generation of articulate feminists, ‘The personal is the political’, expresses the recognition of how this connection might be made. (shrink)

Stealing from someone is not as bad as torturing, killing or raping them. But is the difference between theft and these fundamental violations simply a difference in degree (of severity)? I begin this article by outlining several ways in which the moral grounds for property rights differ in kind from those for basic human rights, differences that underpin and explain the difference in severity. I go on to ask whether, despite these differences, there might be some property rights that we (...) should still classify as basic human rights. (shrink)

In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral (...) grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement”. (shrink)

In their recent books, National Responsibility and Global Justice and Intricate Ethics, David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears to support (...) an alternative holistic approach to the moral justification of rights. But I will show that, without significant further argument that Miller and Kamm do not provide, this holistic approach offers no better support for Miller’s and Kamm’s claim that there are few demanding assistance rights. (shrink)

Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...) conclusion can provide the basis for a retort to those who appeal to facts about cultural diversity in order to criticise human rights discourse. (shrink)

This chapter contains sections titled: What Dating Is The Elevator Image Strategies Elevator Ethics Concluding Remarks.