Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. (...) And, I shall argue, certain leading theories of self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

I offer in this paper a new conception of democratic self-determination. My proposal defends Rafanelli's peaceful reform intervention from the concern that we should not promote justice abroad, because it would interfere with the self-determining choice of other people to select an authoritarian government. I challenge this influential view of authoritarian self-determination. I argue instead that self-determination should be democratic in its input, or the procedure deliberating and voting on the constitution. Self- (...) class='Hi'>determination should also be democratic in its output, or the constitution's rules. Democratic self-determination offers three important advantages: it joins self-determination indivisibly with other inalienable human rights, such as the human right to racial non-discrimination. Second, it guards against the problem of the false mandate, or authoritarians attempting to legitimate their autocratic rule using rigged referenda and suppressed debate. Third, democratic self-determination reduces the risk of ethnic conflict given the diversity of actual states. Democratic self-determination passes the a ctual deliberation test, since it has been vindicated by inclusive deliberation with people from diverse cultures. (shrink)

In this article, I offer responses to five commentaries on my recently published book, Cosmopolitan Peace. Those articles address my conception of individual and collective agency, my account of self-determination (and its implication for the problem of annexation during and after the war), and my accounts of, respectively, reparations and remembrance after war. I revise or provide further defences of those accounts in the light of my commentators’ probing remarks.

According to reductionists about agency, an agent’s bringing something about is reducible to states and events involving the agent bringing something about. Many have worried that reductionism cannot accommodate robust forms of agency, such as self-determination. One common reductionist answer to this worry contends that self-determining agents are identified with certain states and events, and so these states and events causing a decision counts as the agent’s self-determining the decision. In this paper I discuss J. David (...) Velleman’s identification reductionist theory, according to which an agent is identified with his desire to make most sense of himself. I develop two constraints that an adequate identification reductionist theory must satisfy and show that Velleman’s theory cannot satisfy both. In particular, I argue that Velleman’s account founders on cases of self-determined self-transformation. (shrink)

A recent surge of research has begun to examine music participation and well-being; however, a particular challenge with this work concerns theorizing around the associated well-being benefits of musical participation. Thus, the current research used Self-Determination Theory to consider the potential associations between basic psychological needs (competence, relatedness, and autonomy), self-determined autonomous motivation, and the perceived benefits to well-being controlling for demographic variables and the musical activity parameters. A sample of 192 Australian residents (17-85, Mage = 36.95), (...) who were currently participating in a musical activity at the time, completed an online questionnaire. Results indicated that females were more likely to perceive benefits to their well-being; and that how important an individual considers music in their life was positively related to perceived well-being. Importantly, the analyses also revealed that the basic needs of competency and relatedness were related to overall perceived well-being as well as specifically social, cognitive, and esteem dimensions of well-being. Autonomous motivation demonstrated significant associations with both an overall well-being score as well as four of five specific well-being subscales measured. Collectively, the findings indicate that Self-Determination Theory offers a useful theoretical framework to understanding the relationship between musical participation and well-being. Further, the pattern of findings reiterates the positive associations between musical participation and one’s psychosocial well-being, with broad implications for people involved in the facilitation of musical activity. (shrink)

The purpose of the present study was to evaluate the effectiveness of a physical activity intervention program designed to enhance levels of engagement in PA. Despite robust evidence supporting the beneficial effects of PA on overall health, only about 22% of individuals engage in the recommended minimum amount of PA. Recent surveys suggested that most individuals express intentions to be physically active, though the psychological state of amotivation dismissed these struggles. In the current study, we pilot-tested a new intervention program, (...) aimed at enhancing engagement in PA among sedentary individuals. The intervention was based on two behavioral change and motivational psychological frameworks: Self-Determination Theory and Acceptance and Commitment Therapy. During a 14-week intervention program, 94 sedentary Israeli college students were randomly assigned into one of three groups: SDT and ACT-based intervention, traditional intervention, and a non-treatment group. Prior to and following the intervention, participants completed the Behavioral Regulation in Exercise Questionnaire-3 to examine motivation to exercise and the International Physical Activity Measurement IPAQ to evaluate their training frequency. Results showed that the SDT and ACT-based intervention group exhibited a significant increase in motivation to exercise between time 1 and time 2, while the other two groups showed insignificant differences in motivation to exercise. Furthermore, neither of the groups showed significant differences in their training frequency per week. However, those in the SDT and ACT-based groups reported an increase in activity intensity from time 1 to time 2 compared to the two other groups. Further, exercise psychology consultants and scholars can use the intervention protocol and utilize these findings to improve PA behaviors and promote health in the general population. Limitations, future directions, and implications are discussed in detail. (shrink)

This study attempts to analyse the relationship between two key psychological variables associated with performance in sports - Self-Determined Motivation and Competitive Anxiety - through Bayesian Networks analysis. We analysed 674 university students/athletes from 44 universities that competed at the University Games in México, with an average age of 21 years (SD = 2.07) and with a mean of 8.61 years’ (SD = 5.15) experience in sports. Methods: Regarding the data analysis, first a CHAID algorithm was carried out to (...) determine the dependence links between variables, and then a Bayesian networks was developed. The validation of the BN revealed AUC values ranging from 0.5 to 0.92. Subsequently, various instantiations were performed with hypothetical values applied to the “bottom” variables. Results showed two probability trees that have extrinsic motivation and amotivation at the top, while the anxiety/activation due to worries about performance was at the bottom of the probabilities. The instantiations carried out support the existence of these probabilistic relationships, demonstrating their scarce influence on anxiety about competition generated by the intrinsic motivation, and the complex probabilistic effect of introjected and identified regulation regarding the appearance of anxiety due to worry about performance. (shrink)

Health-related quality of life measures aim to assess patients’ subjective experience in order to gauge an increasingly wide variety of health care issues such as patient needs; satisfaction; side effects; quality of care; disease progression and cost effectiveness. Their popularity is undoubtedly due to a larger initiative to provide patient-centered care. The use of patient perspectives to guide health care improvements and spending is rooted in the idea that we must respect patients as self-determining agents. In this paper I (...) look at the two main orientations to quality of life measurement: standardized and individualized measures. I argue that while these measures are attempts to provide for patient self-determination, they both fail to do so. In their place I suggest a new approach which overcomes their respective difficulties: a dialogic approach. (shrink)

In this article, I argue that because co-nationals have an intrinsically valuable relationship, they have a presumptive claim against interference in their collective affairs. My argument from the claim that co-nationals have an intrinsically valuable relationship to the presumptive claim against interference is threefold, and I set it out in section “From Intrinsic Value to Self-Determination”: firstly, parties to an intrinsically valuable relationship have a respect-based claim to autonomy. Secondly, the relationship between co-nationals realizes some important goods, and (...) collective autonomy is internally related to these. Finally, the fact that co-nationals have an intrinsically valuable relationship, and affective attachments means that they have a strong interest in carrying out certain activities together, without interference from outsiders. In section “Grounding the Presumptive Claim,” I argue that these three grounds cumulatively amount to a presumptive claim to collective autonomy. I outline the implications for the issue of secession. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational (...) jurisdiction view—which favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this (...) claim; on this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

Self-determination is a central concept in the field of bioethics and the most critical decision among the myriad of decisions concerning medical care is the decision to choose to die; “self-determination of death.” The purpose of this paper is to clarify the basic positions on self-determination of death held by present Japanese people and we tentatively sorted these positions into 10 arguments. We discuss the problems and implications of these positions revealed within our present (...) review and conclude that a society needs to deny unnecessary intrusion and tolerance for different views might be a keyword in our oncoming society. (shrink)

The right of national groups to self-government should be universally conceived of in sub-statist forms. Instead of interpreting the right to national self-determination in terms of independent statehood, it should in all cases be conceived of as a package of privileges to which each national group is entitled in its main geographic location, normally within the state that coincides with its homeland. According to this sub-statist conception, self-determination is not a right of majority nations within (...) states vis-a-vis national minorities, but rather a right of homeland groups vis-a-vis non-homeland groups. It is a right to which each national group in the world is entitled, and which must be realized in at least one place. (shrink)

THE PAPER DEFINES AND DEFENDS A PRINCIPLE OF COLLECTIVE SELF-DETERMINATION AS ONE OF THE PRINCIPLES OF THE ORDERING OF A JUST SOCIETY. THAT PRINCIPLE SPECIFIES THAT INDIVIDUALS PARTICIPATE EQUALLY IN THE MAKING OF DECISIONS WHICH WILL GOVERN THEIR ACTIONS WITHIN INSTITUTIONS OF SPECIAL COOPERATION. THE PAPER ADOPTS THE STRATEGY OF ARGUING TO PRINCIPLES OF JUSTICE BY ASKING WHAT PRINCIPLES WOULD BE CHOSEN IN RAWLS' ORIGINAL POSITION. IT ARGUES THAT, CONTRARY TO THE THRUST IMPLICIT IN RAWLS AND OTHER LIBERAL (...) THINKERS, PERSONS IN THE ORIGINAL POSITION WOULD HAVE NO BASIS FOR DISTINGUISHING BETWEEN POLITICAL AND NON-POLITICAL INSTITUTIONS OF SOCIAL COOPERATION, AND THUS WOULD CHOOSE THE PRINCIPLE OF SELF-DETERMINATION DIRECTLY AS APPLYING TO ALL INSTITUTIONS AND ACTIVITIES OF SOCIAL COOPERATION. (shrink)

Robert Sugden (2018. The Community of Advantage: A Behavioural Economist’s Defence of the Market. Oxford University Press) offers an alternative account for normative economics grounded in the view that it is in each individual’s interest to have more opportunity rather than less, irrespective of whether their decisions reveal well-ordered preferences. Our paper characterizes Sugden’s proposal as a step in the right direction, but as insufficient. His opportunity criterion does not go far enough in taking insights from psychology seriously. Sugden defends (...) an idea of agency understood as a person’s subjective sense of being in control of her actions. To realize this sense of being in control, we argue that a focus on opportunity-only is problematic; people also need agentic capabilities. We use self-determination theory (SDT) to develop a subjective account of agency that is grounded in psychological science. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our (...) attributes as persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...) states' rights over natural resources can be justified. Central to my argument will be the distinction between “control rights” and “income rights.” Only control rights, I will argue, can be justified as inherently tied to collective self-determination. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states (...) now ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

In a period in which the concept of self‐determination has become a cliche, it seems astonishing that it occupies the center of the historical stage in the various searches for a community in the horn of Africa. Thus, the concept itself might indeed have been a cliche, but not for the millions of human beings that have sacrificed, and continue to sacrifice, their lives for the sake of a way of life that the concept promises.

Most contemporary bioethicists believe that Western bioethical principles, such as the principle of autonomy, are universally binding wherever bioethics is found. According to these bioethicists, these principles may be subject to culturally‐conditioned further interpretations for their application in different nations or regions, but an ‘abstract content’ of each principle remains unchanged, which provides ‘an objective basis for moral judgment and international law’. This essay intends to demonstrate that this is not the case. Taking the principle of autonomy as an example, (...) this essay argues that there is no such shared ‘abstract content’ between the Western bioethical principle of autonomy and the East Asian bioethical principle of autonomy. Other things being equal, the Western principle of autonomy demands self‐determination, assumes a subjective conception of the good and promotes the value of individual independence, whilst the East Asian principle of autonomy requires family‐determination, presupposes an objective conception of the good and upholds the value of harmonious dependence. They differ from each other in the most general sense and basic moral requirement. (shrink)

The article analyzes the phenomenon of national self-determination in terms of evolution and functioning. The authors aim to determine the general characteristics and evolution of this phenomenon in both conceptual and applied versions. In the evolution’s context of national self-determination as a theoretical concept and a political and legal principle, several stages were identified and considered. According to the authors, each stage of the phenomenon’s evolution was inevitably accompanied by its qualitative transformations, both in political and (...) legal terms. The first stage (from the end of the XVIII c. till the First World War), according to the authors, is characterized by the emergence of the idea and the formation of the socio-political concept of national self-determination, and the applied aspect of the phenomenon of national self-determination is filled with concrete content based on the ever-expanding political practice of its application. The second stage (from the First World War and the post-war reconstruction) is characterized by the transformation of self-determination from a concept into a political principle. The authors associate the third stage of the evolution of the phenomenon of national self-determination (the period after the Second World War) with the development of international relations and the formation of a global bipolar system. National self-determination turned into a principle of positive international law and laid the foundations for the future political instability of the newly independent states. Finally, the last period (the early 90s to this day) is characterized by the search and crystallization of new approaches to the principle of national self-determination and the emergence of new theories, the authors of which are trying from a political and legal point of view to substantiate the legitimacy of an expansive interpretation of this principle. The analysis allowed us to conclude that the qualitative transformations of the principle of national self-determination presented in the article did not lead to the formation of the phenomenon of national self-determination as an integral, complete, and universally recognized international political and legal norm. (shrink)

In a broadly Kantian context, it is often assumed that practical self-consciousness and rational self-determination can only be understood in opposition to pleasure and desire. I argue instead that, already for Kant, rational self-determination is itself a determination of our faculty of desire. Drawing on resources from Kant and Hegel, the paper shows that sensible desire can be understood as a self-determination of our vital forces which is connected to a sensible awareness (...) of our practical existence. In order to constitute what Kant calls a higher faculty of desire, we need to develop a practical self-consciousness of this sensible desire. As Hegel develops this idea, such self-consciousness involves grasp of the very form of desire that is occluded in its sensible form, as well as a reflexive redoubling of desire whereby desire becomes its own object. (shrink)

Philosophers and others have criticized the courts for ascribing a right of self-determination to severe incompetents. I defend ascription of a right of self-determination to these incompetents against both conceptual and normative attacks. I argue that a court need make no conceptual error when it ascribes a right of self-determination to a being who never had capacity for rational choice, and I argue that proper judicial deference to reflective conventional morality supports ascription of a (...) right of self-determination to severe incompetents. Keywords: Self-determination, incompetence, person CiteULike Connotea Del.icio.us What's this? (shrink)

Why should (or should not) we have a system of different states that each claim both internal and external sovereignty? How can the state gain its legitimate authority to rule? What is the problem with the ideal of the ‘global citizen’? How should states respond to different groups’ secession claims? To what extent should states have the right to control their borders? If one finds such questions intriguing, one should read Anna Stilz’s book Territorial Sovereignty: A Philosophical Exploration. Stilz argues (...) that a system of territorial states serves to protect important values – occupancy, basic justice and collective self-determination – which are key to living an autonomous life. I focus on the theory’s implication for the debates on border control. I contend that Stilz’s arguments still have difficulties grounding the state’s right to exclude would-be immigrants. That said, the book has done a great job in providing a liberal theoretical framework for us to reflect upon citizenship, immigration, succession claims, cosmopolitan ideals, the colonial legacy and disputes over borders and resources. (shrink)

In recent years numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This ambitious study brings together for the first time a series of original essays on the ethics of secession. A host of leading figures explore key issues in this important debate, including, what is `a people' and what gives them a right to secede? And is national self-determination consistent with liberal and democratic principles or is it a (...) dangerous doctrine? (shrink)

Global climate change is likely to become a major cause of future migration. Small Island States are particularly vulnerable since territorial destruction caused by sea level rise poses a threat to their entire existence. This raises important issues concerning state sovereignty and self-determination. Is it possible for a state to remain self-determining even if it lacks a stable population residing on a specific territory? It has been suggested that migrants from disappearing Small Island States could continue to (...) exercise sovereign control over their abandoned territory. Such an arrangement would allow them to retain a measure of self-determination. The question posed in this paper is whether this ?deterritorialized state proposal? is conceptually plausible and normatively acceptable. It is argued that the proposal is conceptually plausible if we adopt a gradual understanding of ?self-determination?, but that its normative acceptability is weak even if it is supplemented with compensatory measures. (shrink)

If self-determination enables one to know truths and rule oneself, then it’s central to metaphysics and ethics because metaphysics concerns truths, and ethics grasps good actions requiring self-rule. Aristotle and Mencius agree about the relation between metaphysics and ethics. Nevertheless, closer examination shows differences in their conceptions of the self, how it knows truths, the nature of truth, and the effectiveness of the wise/virtuous on the world. Given the significance of self-determination to theory and (...) practice, comparing Mencius’s and Aristotle’s views illuminates it and the challenges for each author’s view. (shrink)

Self-determination does and should play an important role in our conceptions of what it is to treat persons and peoples justly. I write at a time when the Middle East is erupting with demands for more appropriate rule by and for the people . Indigenous peoples around the world have been demanding better control over their traditional lands, over the last few decades in particular. And a serious global recession has affected all local economies since 2008, raising pertinent (...) issues about the wisdom of having a global economy as interlinked as ours has become. Would we not do better to "de-link" from the global economy? Would more robust ideals of self-determination and political and economic autonomy provide better guidance than those that seem to dominate the current discussion of models of global justice? (shrink)

Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest (...) or advantage of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with (...) interesting consequences both for international law and for philosophical debates about the rights of minorities. (shrink)

Research and practice about self-determination in the context of disability has centred on teaching skills and providing support to help people with impairments to be independent. However, limited research exists about the impact of Information and Communication Technologies, in particular social media and mobile devices, on the development of self-determination skills among people with disabilities. This paper presents the findings of a qualitative study which collected data from observations, a researcher diary, focus groups, individual interviews and (...) data from social media. The focus of the study was on young people with vision impairments who were transitioning to university life. The study found that the participants developed self-determination skills by using and adapting collaborative and interactive online tools and mobile devices according to their transition needs. This finding expands the understanding of the implications of new technologies for young people with disabilities’ personal development and the enhancement of self-determination. (shrink)

This book proposes an alternative to the consent model which is currently at the heart of patient self-determination and which is shown here to have fundamental flaws that constrain its effectiveness. The proposed model is a property model in which the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. This model enables the courts to overcome (...) the requirement to prove causation in consent cases and offers a complementary approach to patient self-determination. (shrink)

Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either (...) accept that it is permissible for states to deport and denationalize their own citizens or reject the self-determination argument. To avoid this implication, we should reject the self-determination argument. That is, we should also reject the conclusion that rights to self-determination can justify any significant immigration restrictions. (shrink)

This dissertation provides a systematic analysis of when an individual or group has a right to secede that is grounded in self-determination. Since the primary question in a secessionist conflict concerns the territory being contested, any analysis of the right to secede must provide an account of what grounds the existing state's claim to political jurisdiction over its territory. With this in mind, I examine consent and teleological justifications for the state and find both inadequate. ;The consent account (...) posits that a political state is justified just in case it has the consent of its citizens. I reject the consent approach for its unacceptable implication that unlimited secession is permissible from all existing states. I then suggest that our disinclination to allow unlimited secession is instructive since it indicates not only that we believe a consentual justification is morally unnecessary, but also that a state is justified in virtue of the peace it secures and the rights it protects. This teleological justification ultimately proves inadequate as well, however, because it both restricts secessionist movements that seem permissible and allows coercive annexations that appear clearly unjustified. ;As an alternative to these extremes, I propose a hybrid model of political legitimacy. According to my theory, while individuals and small groups may not secede, a larger group may, provided it is of sufficient size to satisfactorily perform the functions that are necessary for a state to ground its claim to territory. Thus I conclude a political state should limit political liberty in a manner analogous to the way it legitimately limits the liberty to drive a car. Specifically, since many people would be harmed if there were no legal restrictions on who could drive, states institute age and health requirements limiting who may drive. Citizens not eliminated by these standards must also demonstrate a minimum threshold of competence by passing tests. In similar fashion, a state may initially restrict the right to secede to groups of a specific size, and then further require that interested parties demonstrate their ability and willingness to govern in a stable, efficient, and liberal manner. (shrink)

From the beginnings of philosophical investigation, there has been widespread recognition that reason must be autonomous to think the truth and that philosophy must be the freest of all disciplines. Nonetheless, conceiving how self-determination can be in thought and reality seems to pose insurmountable challenges. The essay shows how these challenges can be met, explaining how the nature of the concept enables reason to be autonomous, how nature can give rise to animal life, providing the enabling conditions for (...) linguistic intelligence, how the psychological and cultural conditions of discourse leave it free, and how conduct can achieve self-determination in the intersubjective exercise of institutionalized rights. (shrink)

Self-determination is a central concept for political philosophers. For example, many have appealed to this concept to defend a right of states to restrict immigration. Because it is deeply embedded in our political structures, the principle possesses a kind of default authority and does not usually call for an elaborate defense. In this paper, I will argue that genealogical studies by Adom Getachew, Radhika Mongia, Nandita Sharma, and others help to challenge this default authority. Their counter-histories show that (...) the principle was used to justify, strengthen, and adapt imperial rule in the twentieth century. In particular, the idea that controlling a population's composition through regulating immigration is an essential aspect of self-determination emerged as a response to White anxieties about the migration of negatively racialized groups. Genealogies have not been adequately appreciated as a critical tool within the mainstream of political philosophy. I show that these genealogies have a critical role to play because they unsettle our uncritical attachment to the structures of the nation-state system and raise serious questions about the meaning and emancipatory force of the principle of self-determination. (shrink)

How do groups—be they religious or ethnic—achieve sovereignty in a postnationalist world? In Self-Determination without Nationalism, noted philosopher Omar Dahbour insists that the existing ethics of international relations, dominated by the rival notions of liberal nationalism and political cosmopolitanism, no longer suffice. Dahbour notes that political communities are an ethically desirable and historically inevitable feature of collective life. The ethical principles that govern them, however—especially self-determination and sovereignty—require reformulation in light of globalization and the economic and (...) environmental challenges of the twenty-first century. Arguing that nation-states violate the principle of self-determination, Dahbour then develops a detailed new theory of self-determination that he calls "ecosovereignty.” Ecosovereignty defines political community in a way that can protect and further the rights of indigenous peoples as well as the needs of ecological regions for a sustainable form of development and security from environmental destruction. In the series Global Ethics and Politics, edited by Carol Gould. (shrink)

Odon Lottin, O.S.B. was an historian and a moral theologian. As an historian, he studied the scholastic attention to human psychology and morality. As a theologian, he studied the roles that thought and action play in the development of the moral agent. His influence in historical and moral theology has been significant. Nonetheless, moralists and medievalists independently have appropriated his insights. No one has yet studied the relationship between his historical investigations and his moral theology. This work accomplishes that study. (...) ;This dissertation considers Lottin's contributions to both historical and moral theology. Lottin studies the medieval history and understanding of free choice, moral action, the acquired virtues and conscience. He traces this history to uncover specific ideas, expose the development of thought, recognize the emergence of consensus, and find whether satisfying resolutions were achieved. Many of his contemporaries in the manual tradition misinterpreted this history. This misinterpretation was due to their inaccurate or undeveloped historical method. And, just as there was deficiency in their method, there were significant shortcomings in the scope of their theological investigations. Thus, by looking back to history, Lottin presents a moral theology more substantive than the manuals. Each of the first four chapters of this dissertation presents Lottin's historical studies of the major debates, examines his incorporation of that material into his own contribution to the debates' resolutions, and concludes with how his work has been appropriated and where it may yet lead. The final chapter considers Lottin's contribution to the discipline of moral theology. ;Moral theology can neither be ahistorical nor impersonal. Lottin's work demonstrates the necessity of accurate history for interpretation and of critical reflection on the cause of human action. His return to medieval moral theology is a return to human agency. His agent-centered moral theology retrieves prudence and the moral virtues as dynamic means for rightly forming consciences and determining action. Historical and agent-centered moral theology is concerned with theory and practice. The theory of the moral life looks at human intentionality, the practice is its free expression; together they comprise the meaning of self-determination. (shrink)

The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which (...) the UN is itself grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves. (shrink)

This article defines a republican feminist agenda by reference to the key term ‘self-determination’, in its nationalist and its feminist meanings. It describes the activities of a republican feminist group, Clár na mBan, including a conference organized in March 1994, and initiatives taken since then.

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination is (...) more than a principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these (...) concepts when applied in particular to the field of criminal law. (shrink)

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide (...) degrees of autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

David Rodin argues that the right of national-defence as conceived in international law cannot be grounded in the end of defending the lives of individuals. Firstly, having this end is not necessary because there is a right of defence against an invasion that threatens no lives. However, in this context we are to understand that 'defending lives' includes defending against certain non-lethal threats. I will argue that threats to national-self determination and self-government are significant non-lethal threats to (...) the wellbeing of individuals that can justify lethal defensive force. Therefore the end of defending individuals can ground a right of national-defence against a 'bloodless invasion'. Secondly, Rodin argues that defending lives is not a sufficient condition for military action to be national self-defence, because humanitarian intervention is military action to defend individuals, and such action is in deep tension with national self-defence. I will argue that a reductive account, grounded in claims of need and threats of harm, can justify principles of both intervention and non-intervention on the same grounds; that is, protecting the wellbeing of individuals. (shrink)

According to reductionists about agency, an agent’s bringing something about is reducible to states and events involving the agent bringing something about. Many have worried that reductionism cannot accommodate robust forms of agency, such as self-determination. One common reductionist answer to this worry contends that self-determining agents are identified with certain states and events, and so these states and events causing a decision counts as the agent’s self-determining the decision. In this paper I discuss J. David (...) Velleman’s identification reductionist theory, according to which an agent is identified with his desire to make most sense of himself. I develop two constraints that an adequate identification reductionist theory must satisfy and show that Velleman’s theory cannot satisfy both. In particular, I argue that Velleman’s account founders on cases of self-determined self-transformation. (shrink)

This chapter examines the appropriate view of the relationship between territory, national communities, and self‐determination. It examines various arguments for territorial rights.

In this article, I show how the principle of democratic self-determination can answer the boundary problem by both grounding and constraining a people’s right to exclude potential immigrants. I argue that a people has the qualified right to exclude insofar as it respects the self-determination claims of outsiders. I analyze the concrete implications of the requirement to respect the self-determination claims of outsiders in the cases of long-term residents, refugees, and brain drain. Sometimes the (...) only way for a people to respect the self-determination claims of outsiders will be by including, rather than excluding, them as members. (shrink)