This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her (...) objection (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 (...) : 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Theories of explanation need to account for a puzzling feature of our explanatory practices: the fact that we prefer explanations that are relatively abstract but only moderately so. Contra Franklin-Hall ([2016]), I argue that the interventionist account of explanation provides a natural and elegant explanation of this fact. By striking the right balance between specificity and generality, moderately abstract explanations optimally subserve what interventionists regard as the goal of explanation, namely identifying possible interventions that would have changed (...) the explanandum. (shrink)

We study classes of right-angled Coxeter groups with respect to the strong submodel relation of a parabolic subgroup. We show that the class of all right-angled Coxeter groups is not smooth and establish some general combinatorial criteria for such classes to be abstract elementary classes (AECs), for them to be finitary, and for them to be tame. We further prove two combinatorial conditions ensuring the strong rigidity of a right-angled Coxeter group of arbitrary rank. The combination (...) of these results translates into a machinery to build concrete examples of AECs satisfying given model-theoretic properties. We exhibit the power of our method by constructing three concrete examples of finitary classes. We show that the first and third classes are nonhomogeneous and that the last two are tame, uncountably categorical, and axiomatizable by a single Lω1,ω-sentence. We also observe that the isomorphism relation of any countable complete first-order theory is κ-Borel reducible (in the sense of generalized descriptive set theory) to the isomorphism relation of the theory of right-angled Coxeter groups whose Coxeter graph is an infinite random graph. (shrink)

In 1870 Jordan proved that the composition factors of two composition series of a group are the same. Almost 20 years later Hölder (1889) was able to extend this result by showing that the factor groups, which are quotient groups corresponding to the composition factors, are isomorphic. This result, nowadays called the Jordan-Hölder Theorem, is one of the fundamental theorems in the theory of groups. The fact that Jordan, who was working in the framework of substitution groups, was able to (...) prove only a part of this theorem is often used to emphasize the importance and even the necessity of the abstract conception of groups, which was employed by Hölder. However, as a little-known paper from 1873 reveals, Jordan had all the necessary ingredients to prove the Jordan-Hölder Theorem at his disposal (namely, composition series, quotient groups, and isomorphisms), and he also noted a connection between composition factors and corresponding quotient groups. Thus, I argue that the answer to the question posed in the title is “Yes.” It was not the lack of the abstract notion of groups which prevented Jordan from proving the Jordan-Hölder Theorem, but the fact that he did not ask the right research question that would have led him to this result. In addition, I suggest some reasons why this has been overlooked in the historiography of algebra, and I argue that, by hiding computational and cognitive complexities, abstraction has important pragmatic advantages. (shrink)

I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an error (...) theory consisting in linguistic and practical reasons for why we articulate normative incidents in ways that threaten correlativity. And I deny that abstraction imposes a heavy metaphysical cost on rights theory, though I leave open whether abstraction excludes certain explanatory accounts of rights such as the interest theory or will theory. (shrink)

We agree that the default numerical representation is best accessed by probing automatic processing. The locus of this representation is apparently at the horizontal intraparietal sulcus (HIPS), the convergence zone of magnitude information. The parietal lobes are the right place to look for non-abstract representation of magnitude, yet the proof for that is still to be found.

Abstract In his 2009 article "Right and Coercion," Marcus Willaschek argues that the Categorical Imperative and the Universal Principle of Right are conceptually independent of one another because (1) the concept of right and the authorization to use coercion are analytically connected in Kant's "Doctrine of Right", but (2) the authorization to coerce cannot be derived from the Categorical Imperative. Given that the principle of right just is a principle of authorized coercion, the fact (...) that the authorization to coerce cannot be derived from the Categorical Imperative implies that the Principle of Right cannot be derived from the Categorical Imperative. Against this claim, I first argue that a satisfactory deduction of the concept of right can be constructed out of the Categorical Imperative, the fact that we are embodied, and the fact that we act from motives other than duty. I then argue that the insufficiency of the Categorical Imperative, by itself, to generate the Principle of Right does not prevent us from interpreting the Principle of Right as a specification of the Categorical Imperative. I develop this point by means of an analogy with Kant's discussion of the moral law and the Categorical Imperative in the Groundwork. (shrink)

ABSTRACT This paper is concerned with the philosophical foundations of parental rights. Some commonly held accounts are rejected. The question of whether parental rights are property rights is examined. It is argued that there are useful analogies with property rights which help us to see that the ultimate justification of parental rights lies in the special value of parenthood in human life. It is further argued that the idea of generation is essential to our understanding of parenthood as having (...) special value and that parental rights properly belong, in the first instance, to natural parents. (shrink)

In the last two decades in Brazil, indigenous peoples have been struggling for their rights through the practice of what they call “retomada de terras” (reappropriation of lands), which consists of reoccupying ancestral lands that were invaded by farmers or other explorers. Inspired by indigenous perspectives, new social movements are struggling for land and territory. After years of reclaiming the legal demarcation of indigenous lands or agrarian reform without a resolution from the State, they decided to act directly in the (...) building of their territories. Within this process, there is also a production of another space, another ecology, another relationship to the land. If Carl Schmitt is right when he says that the original movement that makes law arise is the taking of land, which produces an ordering of space and defines borders that establish internal and external relations, what happens when lands are retaken and borders are reshaped? If we conceive of law in a very modern and technical conception, solely linked to an institutional image, it cannot help us to answer this question. The practice of “retomada” by the Tupinambá people and the agroecological experience of the Web of the People (Teia dos Povos) in Brazil can be an interesting path to investigate how the conditions of existence can be produced beyond abstract rights and more-than-human arrangements can change the way we live together. These practices produce justice spatially in a given territory and bring conceptions of rights rooted in the entanglements of bodies and their territories. (shrink)

This essay questions the self-sufficiency of abstract, non-consequentialist, principles as a defence of a libertarian regime. The argument focuses on the difficulties involved in attempts to defend the priority of negative rights if an attractive conception of freedom and an agent-relative view about our reasons to respect rights are to be upheld. The paper closes by suggesting how libertarianism could gain support from various, and perhaps mutually irreducible and even conflicting, considerations in a wide consequentialist system.

CONTEMPORARY HUMANITARIAN CRISES UNDERSCORE WHAT HANNAH Arendt called the "perplexities" of human rights; the very category "refugee" attests the failure of the global rights regime. Indeed, the "abstract nakedness of being nothing but human" belies the "right to have rights." In light of this criticism, I offer a reconstructive, communitarian interpretation of the rights of the forcibly displaced. The grammar of rights, I argue, presumes the communicative virtues of respect and recognition of the "concrete other." I conclude by (...) showing how biblical narrative "re-inscribes" stateless persons/strangers precisely as neighbor in "anamnestic solidarity.". (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)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals (...) and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

The idea of right -- Abstract right -- Moralitèat -- Sittlichkeit : the family -- Sittlichkeit : civil society -- Sittlichkeit : the state.

(Abstract: The right of “national self-determination” sometimes claimed for ethnic/religious/linguistic groups is not to be confused with the right to rebel against tyranny or with a right to secede, and it is limited by respect for the territorial integrity of functioning states. In some cases self-determination may take the form of some sort of autonomy within a mixed state. Ockham’s use of the canon..

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in (...) a series of political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)

Background: Human rights are an important part of nursing care, and nurses deal with human rights matter daily. Despite their relevance and acknowledgement of their importance, human rights issues remain limited in nursing education. Aim: The study’s aim was to describe how human rights education has been addressed in nursing education. Method: A scoping review was conducted according to the Preferred Reporting Items for Scoping reviews (PRISMA-ScR) and Joanna Briggs Institute (JBI) recommendations. The search was conducted in March 2023, with (...) an updated search in February 2024. We searched in the following databases provided by EBSCO: Academic Search Elite, CINAHL, Education Source, ERIC, ScienceDirect and MEDLINE. Additionally, we also searched in Embase via Ovia and Scopus. The papers were screened for eligibility by title, abstract and full text independently by at least two reviewers, and the whole research team was involved in this process. Ethical considerations: The scoping review was guided by ethical conduct and scientific guidelines. Findings: Nine papers matched the inclusion criteria. Three thematic groups were identified: (a) focus of human rights education, (b) the learning design of the coursework and (c) learning outcomes in human rights education. Conclusion: Human rights education can benefit from being tailored to the students’ experiences and including voices from the rights-holders. Bringing in the students’ experiences and rights-holders’ voices can enable self-reflection and discussion regarding human rights concerns. Hence, if the intention is to support nursing students to develop an awareness and act upon human rights concerns, the curriculum ought to include opportunities for reflection and discussion around human rights concerns and experiences in the students’ own context. (shrink)

Abstract:This essay reviews the 2013 Human Life International (HLI) propaganda video, Central America and Mexico: Fighting for Life, Faith, and Family, which, we argue, illustrates the well-orchestrated counteroffensive against reproductive and sexual rights movements occurring in the region. First we summarize the film's key themes, including the assertion that Catholicism is fundamental to Mexican and Central American identities and that the international “pro-abortion movement” is waging war against Catholics. Second, we note the development of a new strategic alliance between (...) Catholics and evangelicals that relies on lay religious activists working in the fields of medicine, bioethics, law, and government. Third, we show how the video appeals to HLI donors by asking them to support crisis pregnancy centres, homes for unwed mothers, adoption programs, and “natural” fertility assistance. We argue that the film conspicuously ignores the consequences of abortion bans already in place in Nicaragua, El Salvador, and Honduras, and does not consider that what it terms “international pressures” also includes treaty obligations with the United Nations and Organization of American States. This essay offers insights into the strategies used by opponents of reproductive and sexual rights movements in Mexico and Central America. (shrink)

Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as (...) it does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)

ABSTRACT Argument about Rights can be either purely formal or substantial—meant to affect conduct. These two functions, which need different kinds of support, often become confused. The source of much confusion is the idea that rights‐language is an all‐purpose ‘moral theory’ which is in competition with others such as Utilitarianism. Since these are not really rivals but complementary aspects of moral thinking—parts of it, both of which need to be used along with many others—attempts to establish one of them (...) as sole ruler are doomed to incoherence. The ambition to deploy an all‐purpose thought‐system is distinct from the moral motivation to change the world, and the two aims inevitably interfere with one another. Among these ‘moral theories’, however, the language of rights is specially ill‐suited for all‐purpose use. This becomes plain when philosophers, taking its adequacy for granted, conduct moral argument in terms of it alone, as if it were obviously appropriate, without background discussion. Rights‐language is of particularly limited use because it is simply the most competitive and litigious of such thought‐systems. Its win‐or‐lose formula allows no more scope for doing justice to defeated claims than a lawcourt does. For the serious conflicts of value that underlie large moral problems, this is disastrous. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Abstract General Ideas in Hume George S. Pappas Hume followed Berkeley in rejecting abstract general ideas; that is, both of these philosophers rejected the view that one could engage in the operation or activity ofabstraction — a kind ofmental separation ofentities that are inseparable in reality —as well as the view that the alleged products of such an activity — ideas which are intrinsically general — (...) really exist. What has not been clear to commentators on either of these two philosophers has been why they each were so opposed to abstraction and abstract general ideas. The provision of an answer to this question is the main thrust of this paper. The nature of the question should be clarified at the outset. I am notasking the psychological question, whatwere BerkeleyandHume's actual intentions when they were moved to reject abstraction and abstract general ideas. Though I regard this question as one of great interest and importance, I am presently aiming to answer a somewhat different one, viz., what role, what philosophical role, does the rejection of abstraction and abstract general ideas play in the philosophies ofBerkeley and Hume? The answer to this latter question is apt to have some bearing on the right way to answer the first question; but, for present purposes, it is important to keep the two questions distinct. The maincontentionofthe paperis thattherejectionofabstraction and abstract general ideas lies at the very heart of the philosophy of Berkeley, and that pretty much the same may be said for Hume. Berkeley's defense ofa kind ofidealism stands or falls with the success ofhis attack on abstract general ideas, and Hume's critique ofinfinite divisibility in matters pertaining to space and time, along with his destructive critique ofvarious metaphysical notions, crucially depends on the successful denial of abstract general ideas. I. Berkeleyan Idealism Berkeley's most extended treatment of abstract ideas comes in the introduction to the Principles ofHuman Knowledge, first published in 1710. However, since he does not take up the topic in any systematic way later in the same book, nor in the Three Dialogues Between Hylas and Phihnous (1713), it has seemed to many commentators that Berkeley's attack on abstract ideas is a local matter, one having only to do with issues concerning language use and a somewhat isolated criticism of Locke. That this is the wrong way to look at things is Volume XV Number 2 339 GEORGE S. PAPPAS perhaps best indicated by a couple of passages from the Principles. In section 5 ofthat work Berkeley says: If we thoroughly examine this tenet it will, perhaps, be found at bottom to depend on the doctrine of abstract ideas. For can there be a nicer strain of abstraction than to distinguish the existence of sensible objects from there being perceived, so as to conceive them existing unperceived? The tenet Berkeley is here referring to is to the effect that sensible objects such as trees and chairs exist independently ofperception. This allusion is made clear when we notice that in the immediately preceding passage Berkeley says: It is indeed an opinion strangely prevailing among men that houses, mountains, rivers, and in a word all sensible objects, have an existence, natural or real, distinct from their being perceived by the understanding. But, with how great an assurance and acquiescence soever this Principle may be entertained... whoever shall find in his heart to call it in question may... perceive it to involve a manifest contradiction. For, what are the aforementioned objects but the things we perceive by sense? and what do we perceive besides our own ideas or sensations? and is it not plainly repugnant that any one of these, or any combination of them, should exist unperceived? (Principles 4) The claim that sensible objects exist independently ofall perception is the very denial of Berkeley's esse is percipi thesis regarding such objects. For the latter thesis holds that each sensible object is such that it exists if and only if it is perceived. So, in the first-quoted passage from Principles 5, Berkeley is saying that the denial of esse is percipi 'depends on' the doctrine of abstract ideas. Surely, the esse is percipi thesis is part ofthe core ofBerkeley's... (shrink)

This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the (...) last part of the paper, I argue that full-fledged tolerance in the international order – that is tolerance-as-non-intervention and tolerance-as-respect – should be attached to (1) compliance with jus cogens norms and to; (2a) a political community recognizably organized as a community of inquiry that is; (2b) committed to the specification and incorporation or expression of the idea of human rights within its local legal system. (shrink)

ABSTRACT In recent issues of the Journal of Religious Ethics (2006, 2007), David Little has defended the contemporary regime of international human rights against what he thinks of as the relativizing influences of the genealogical “just‐so” story told by Jeffrey Stout in his Democracy and Tradition (2004). I argue that Stout is correct about just‐so stories, and that Little does not go far enough in his reclamation of liberalism against Stout's “new traditionalists.” The main weaknesses of Little's approach are (...) his insistence on the idea that human rights are to be thought of as natural rights, and that these in turn are to be thought of as self‐evident and self‐justifying. I argue that they are neither: they come to us via a Stoutian just‐so story, and that as part of a broader reclamation of liberalism, they can continue to serve as the basis for the kind of international liberal constitutionalism that Little advocates. (shrink)

Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who is likely to possess this moral capacity to a higher degree. In this working paper I challenge this unstated assumption. It is not the case that the reasoning oriented towards rights articulation is more moral than many non-rights-oriented authoritative public decisions in the society. Further, I suggest (...) that rights-related reasoning cannot be shown to be differently moral in a way which would support the idea that this relevant difference may justify why some political agents (such as judges) may be more suited to performing this particular type of moral reasoning than others (such as legislators). The best argument for such a distinction refers to the opportunity for and habit of conducting "moral thought experiments" which is what, as part of their professional duties, judges normally do, and which they can therefore instinctively do also when they engage in a "concrete" judicial review of a statute. But there is no good moral reason to believe that "moral thought experiments" triggered by specific fact-situations should be privileged as a method of moral reasoning, compared to an unashamedly abstract, principle-based moral reasoning. If anything, a good case may be made (referring to the need to openly acknowledge moral conflict, secure impartiality, equality and legitimacy) for deliberately abstracting from specific cases and focusing on the abstract and general level, only modifying it later, if one is compelled to such modifications by considering evidence from specific instances. Not even one half (the bottom-up half) of the Rawlsian famous "reflective equilibrium" apparatus can be of help in this regard. (shrink)

Although Burke, Bentham, Hegel and Marx do not often agree, all criticized certain ethical theories, in particular theories of rights, for being too abstract. The complaint is still popular. It was common in Existentialist and in Wittgensteinian writing that stressed the importance of cases and examples rather than principles for the moral life; it has been prominent in recent Hegelian and Aristotelian flavoured writing, which stresses the importance of the virtues; it is reiterated in discussions that stress the distinctiveness (...) and particularity of moral vicissitudes and query the importance of ethical theory. Recent critics of abstraction are opposed not only to theories of rights, and the Kantian notions with which these are linked, but also to consequentialist ethical theories. The two ethical theories that are most influential in the English-speaking world now both stand accused of being too abstract. (shrink)

ABSTRACT There is a growing acceptance of user rights models with regard to dependent populations such as nursing home residents, but classic theories of rights presuppose levels of human rationality and human agency often lacking in the case of highly dependent populations. While user rights models have strong advantages at a rhetorical level, the reduced capacity for dependent groups to assert their rights constitutes a significant structural limitation. Policies, practices and regulatory strategies developed on the assumption that very dependent (...) groups can indeed assert such rights thus proceed on a premise which is fatally flawed. (shrink)

The idea to use choice functions in the semantic analysis of indefinites has recently gained increasing attention among linguists and logicians. A central linguistic motivation for the revived interest in this logical perspective, which can be traced back to the epsilon calculus of Hilbert and Bernays (1939), is the observation by Reinhart (1992,1997) that choice functions can account for the problematic scopal behaviour of indefinites and interrogatives. On-going research continues to explore this general thesis, which I henceforth adopt. In this (...) paper I would like to address the matter from two angles. First, given that the semantics of indefinites involves functions, it still does not follow that these have to be choice functions. The common practise is to stipulate this restriction in order to get existential semantics right. However, a so-far open question is whether there is any way to derive choice function interpretation from more general principles of natural language semantics. Another question that has not been formally accounted for yet concerns the relationships between choice functions and the ``specificity'' ``referentiality'' intuition of Fodor and Sag (1981) about indefinites. Is there a sense in which choice functions capture this popular pre-theoretical notion? In order to answer these questions, this paper proposes a revision in the treatment of choice functions in Winter (1997), leaving its linguistic predictions unaffected but changing slightly the compositional mechanism. This modification opens the way for proving the following theorem: function variables in the analysis of the noun phrase must denote only choice functions and can derive only the standard existential analysis by virtue of the conservativity, logicality and non-triviality universals of Generalized Quantifier Theory as proposed in Barwise and Cooper (1981), Van Benthem (1984), Thijsse (1983) and others. The same implementation also captures the ``specificity'' notion: indefinites with a non-empty restriction set denote principal ultrafilters in the revised formalization. These are the quantificational correlates to ``referential'' individuals.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wyclif on RightsStephen E. LaheyIn the study of medieval political philosophy the tendency has been to pay attention to thinkers who appear to have contributed to the birth of the modern. While the value in coming to understand how modern political thought developed is undeniable, this tendency is accompanied by an implicit, perhaps unintentional, devaluation of the study of that which did not contribute as obviously to modernity. (...) In the history of the idea of the natural right scholars have distinguished between the objective and the subjective right, characterizing the subjective right as what lies at the heart of the classically modern and liberal. One could get the impression that the good political philosophers, having hit upon the subjective right, dispensed with talk of the old-fashioned objective right just as people abandoned gaslight when Edison’s lightbulb went on the market. 1 But this is not what happened; not only did objective rights discourse continue into the modern period, but it was not necessarily the idiom solely of religious and political conservatives.Some late medieval philosophers, notably Marsilius of Padua, even came up with progressive and unorthodox political visions while adhering to the objective right. I will show that at least one late medieval political theory founded on the objective right, that of John Wyclif, can be argued to be as innovative in several important aspects as that of any of the better-known fourteenth-century advocates of the subjective right. To do that, I will divide this paper into three parts. In the first, I will explain the difference between objective and subjective theories of the right, making note of what we can reasonably expect from a fourteenth-century political theory in the way of toleration and briefly introducing John Wyclif’s life and works. In the second I will recount Wyclif’s view of ius, or the right, as it appears in his political writings, and in the third I will explain how this concept has a bearing on elements in his political thought that are recognizably unorthodox and even tolerant to modern, liberal eyes. Having [End Page 1] shown how Wyclif’s objective right plays out in his innovative and reformative political scheme, I hope to have helped to dispel the dogma that the only early rights theories worth studying are those that evolved into ones we use.I.a. Objective and Subjective RightsThe explicit distinction between objective and subjective rights is a new one, invented by scholars of the history of political thought to distinguish between the sense of the term ius, or right, as that which is just in accordance with a set body of law, and the sense of ius which refers to a licit power or faculty belonging to an individual in accordance with right reason. 2 The objective right is grounded in Roman law and functioned in medieval legal and political thought as it had in antiquity. Generally, an individual had a ius to act or be acted upon if that action was commensurate with the law. Among the Romans, that law was either Roman law, or it was according to objective natural law; with the introduction of Christian monotheism, the ius was “right” according to God’s law. Tuck notes that the concept of dominium had long been of a piece with objective ius and explains that dominium had usually been seen as a species of objective ius. If someone has just dominium over something, it is because their relation of dominium is “(what is) right,” ius, in accord with justice, iustitia. He argues that when dominium, which he understands to mean “property,” is equated with ius, “right,” the foundation is laid for a possessive (subjective) right. 3 While this is problematic on several counts, not the least of which is the restriction of dominium to the ownership of property, it illustrates the relatedness of the two concepts ius and dominium. 4As juristic sophistication grew in the twelfth century, it became useful to distinguish between ius in re, “right in a thing,” and ius ad rem, “right to a thing.” If someone has a ius in re, they can use the thing and/or exercise dominium... (shrink)

The conception of property at the basis of Hegel’s conception of abstract right seems committed to a problematic form of “possessive individualism.” It seems to conceive of right as the expression of human mastery over nature and as based upon an irreducible opposition of person and nature, rightful will, and rightless thing. However, this chapter argues that Hegel starts with a form of possessive individualism only to show that it undermines itself. This is evident in the way (...) Hegel unfolds the nature of property as it applies to external things as well as in the way he explains our self-ownership of our own bodies and lives. Hegel develops the idea of property to a point where it reaches a critical limit and encounters the “true right” that life possesses against the “formal” and “abstract right” of property. Ultimately, Hegel’s account suggests that nature should precisely not be treated as a rightless object at our arbitrary disposal but acknowledged as the inorganic body of right. (shrink)

Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual (...) property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

§1. Introduction. After the pioneering work of Mostowski [29] and Lindström [23] it was Jon Barwise's papers [2] and [3] that brought abstract model theory and generalized quantifiers to the attention of logicians in the early seventies. These papers were greeted with enthusiasm at the prospect that model theory could be developed by introducing a multitude of extensions of first order logic, and by proving abstract results about relationships holding between properties of these logics. Examples of such properties (...) areκ-compactness.Any set of sentences of cardinality ≤ κ, every finite subset of which has a model, has itself a model.Löwenheim-Skolem Theorem down toκ.If a sentence of the logic has a model, it has a model of cardinality at most κ.Interpolation Property.If ϕ and ψ are sentences such that ⊨ ϕ → Ψ, then there is θ such that ⊨ ϕ → θ, ⊨ θ → Ψ and the vocabulary of θ is the intersection of the vocabularies of ϕ and Ψ.Lindstrom's famous theorem characterized first order logic as the maximal ℵ0-compact logic with Downward Löwenheim-Skolem Theorem down to ℵ0. With his new concept of absolute logics Barwise was able to get similar characterizations of infinitary languagesLκω. But hopes were quickly frustrated by difficulties arising left and right, and other areas of model theory came into focus, mainly stability theory. No new characterizations of logics comparable to the early characterization of first order logic given by Lindström and of infinitary logic by Barwise emerged. What was first called soft model theory turned out to be as hard as hard model theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.3 (2000) 73-89 [Access article in PDF] Phantom Rights Conversations Across the Abyss (Hugo, Blanchot) Suzanne Guerlac —"The writer must save the world and be the abyss, justify existence and give speech to what does not exist...."1—Who is speaking?—Maurice Blanchot.—But this was already revealed to me by the Tables. How are what you call the "two sides [deux versants]" of literature to be distinguished from the "double (...) ray [double rayon]" or the "double face" of the work of art, revealed to me by the voice of Death through the table—through the Winds of the Tomb—and which I recognized as the double furrow of the real and the ideal I had always inscribed through my writing?—What is in question at this point is not merely approaches to literature, or the mechanisms of what you call "genius," but literature itself, and with it, the very operations of the human mind. I asked the question "how is literature possible?" in response to Paulhan in 1942.2 A few years later the question returned differently: is literature possible... after Auschwitz?I have responded to the discourse of the death of art with a notion of writing as an art of death. Is this somehow the same as what the Winds of the Tomb revealed to you? Who knows? You have been dead for more than a century, I have been dying for what seems like ages. 1 "I wrote a book... of the cut off head... I stopped at the point where only you can continue."3 Victor Hugo is speaking, alluding to Le dernier jour d'un condamné, a novel written in a first-person voice which cuts off just before the guillotine drops. His remark acknowledges the commonplace that one cannot speak one's own death, not only because one does not live to tell it, but because one never really experiences it. Another literary figure to have given this matter a lot of thought (along with his friend Georges Bataille) is Maurice Blanchot, whose meditations on writing insist on questions of death and voice.In Hugo's remark, however, it is above all the address that arrests our attention and tempts us to engage Hugo in conversation with Blanchot. Hugo is speaking to André [End Page 73] Chénier, or rather to the spirit of Chénier, which ostensibly communicates to participants in séances conducted in Jersey in 1853-54 under the guidance of the celebrated psychic Mme. de Girardin. He addresses the voice of a dead poet, an absent voice that can only speak through a peculiar form of writing that spells out letters one by one through the tappings of a table. It is a voice that writes since it can no longer speak, having lost its head to the guillotine during the French Revolution. During the séances, Hugo asks Chénier to recount the experience of his death. Is it because Chénier is in the unusual position of speaking from beyond the grave that Hugo expects him to do the impossible, to go beyond the silenced voice of the condemned man, that is, beyond the reach of fiction? How are we to read this writing of the Tables, and what does it have to do with "literature"?The transcript dramatizes fundamental notions concerning writing, death, and relations between the two that Blanchot will theorize a century later in his critical writings. Here, Hugo demands Chénier's impossible account of his own death specifically in response to a demand of writing. What is at stake is not only the continuation of the narrative necessarily aborted in Hugo's novel —"I stopped at the point where only you can continue"—but also the continuation of the poetry of Chénier, interrupted by the poet's untimely death. Responding to Chénier's expressed concern, Hugo and his companions offer to assist Chénier in the completion of his poems. "André," Hugo begins:You desire, and we also desire, to see your oeuvre completed. We will gather piously, and with the respect due your... (shrink)

This book investigates Aristotle’s views on abstraction and explores how he uses it. In this work, the author follows Aristotle in focusing on the scientific detail first and then approaches the metaphysical claims, and so creates a reconstructed theory that explains many puzzles of Aristotle’s thought. Understanding the details of his theory of relations and abstraction further illuminates his theory of universals. Some of the features of Aristotle’s theory of abstraction developed in this book include: abstraction is a relation; perception (...) and knowledge are types of abstraction; the objects generated by abstractions are relata which can serve as subjects in their own right, whereupon they can appear as items in other categories. The author goes on to look at how Aristotle distinguishes the concrete from the abstract paronym, how induction is a type of abstraction which typically moves from the perceived individuals to universals and how Aristotle’s metaphysical vocabulary is "relational.’ Beyond those features, this work also looks at how of universals, accidents, forms, causes and potentialities have being only as abstract aspects of individual substances. An individual substance is identical to its essence; the essence has universal features but is the singularity making the individual substance what it is. These theories are expounded within this book. One main attraction in working out the details of Aristotle’s views on abstraction lies in understanding his metaphysics of universals as abstract objects. This work reclaims past ground as the main philosophical tradition of abstraction has been ignored in recent times. It gives a modern version of the medieval doctrine of the threefold distinction of essence, made famous by the Islamic philosopher, Avicenna. (shrink)

Abstract: Michael Walzer and David Miller defend the authority of democratic states to determine who will be allowed entry and membership. In support of this view they have claimed that the domestic solidarity necessary for social justice is threatened by the unregulated influx of outsiders. This empirical thesis proves to be false when applied to the United States, where heavy Latino and Latina immigration is more likely to increase civic solidarity than to diminish it. Seen in this light, the (...) positions of Jürgen Habermas and Carol Gould, giving human rights priority over democratic sovereignty in decisions about membership, cannot be criticized as utopian. Liberal philosophers can also defend open borders as a way to give oppressed peoples representation inside powerful countries where state decisions often threaten access to essential resources and basic freedoms in their home countries. (shrink)

It has been argued that if non-human animals had rights we should be obliged to defend them against predators. I contend that this either does not follow, follows in the abstract but not in practice, or is not absurd. We should defend non-humans against large or unusual dangers, when we can, but should not claim so much authority as to regulate all the relationships of wild things. Some non-human animals are members of our society, and the rhetoric of 'the (...) land as a community' is an attempt, paralleling that of humanism, to create the moral ideal of Earth's Household. But wild animals should be considered as Nozick's 'independents' and have correspondingly fewer claims on our assistance than members of our society. They still have some claims, often strong ones. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ARE THERE ECONOMIC RIGHTS? I 1]HE ISSUE OF whether there are any so-called " soia ~-~cono~ic r~~~ts," in addition to the so-called " civilpohtical nghts, · is not a new one. In 1948 the General Assembly of the United Nations app11oved the Universal Declaration of Human Rights, which affirms that both those two types of claims are human rights. Since then some philosophers have been debating the issue (...) of whether claims to basic social-economic goods are rights at all. American Christians and theologians in general have not paid much attention to this until only recently, when the U.S. National Conference of Catholic Bishops issued,a pastoral letter on Catholic social teaching and the U.S. economy (entitled Economic Justice for All), which gained much attention from the media. In this pastoral letter the U.S. Catholic bishops also affirm that every human being in every society has economic rights against all members of society, all private-sector institutions and government.1 As a Christian philosopher, in this paper I want to probe into the issues of whether there are economic rights from a Christian and philosophical perspective. This paper is intended to he both critical and constructive-on the one hand I shall criticize some positions which I find unconvincing, and on the other I shall attempt to articulate my own thought on this issue. Some clarification of terminology is necessary before I embark on my project. Ever since Wesley Hohfeld's monumental 1 National Conference of Catholic Bishops, Economic Justice for AU: Pastoral Letter on Catholic Social Teaching and the U.S. Economy (Washington, D.C.: United States Catholic Conference, 1986), see sections 79-84. 703 704 PING-CHEUNG LO work in 1919 (Fundamental Legal Conceptions) it is a general practice among philosophers to distinguish claim-rights from liberty-rights. Throughout this paper, unless otherwise specified, the word "right" is used to designate claim-rights. Moreover, I am concerned only with moral rights rather than with legal rights, and largely with in rem rights (i.e., rights against individuals in,society or the world at large) rather than with in personam rights (i.e., rights against determinate individuals ). Therefore by "a right to x" I mean a morally valid or justified claim to x against individuals in society or the world at large as my entitlement or my due. Furthermore, the term " human right " is used to denote those moral rights that a person, simply as a human being, can have. They are usually supposed to include both civil-political rights (e.g., right to life, liberty, security) ·and social-economic rights (e.g., the right to food, clothing, shelter, health care, education, work, social security). As far as I know, there have been two major philosophical moves in criticizing the ideas of social-economic rights. The first one is set forth by Maurice Cmnston in the sixties.2 Besides giving a "political objection," he raises a three-fold "philosophical objection": social-economic rights do not possess the characteristics of (i) practicability, (ii) universality, and (iii) paramount importance, which he deems are the si,ne qua non of human rights. Though his criticisms are rather crude, most recent advocates of social-economic rights take them seriously and attempt to rebut his views.3 I do not have 2 Maurice Cranston, "Pope John XXIII on Peace and the Rights of Man," Political Quarterly 34 (Oct.-Dec. 1963), 380-90; "Human Rights, Real and Supposed," in Politioal Theory and the Rights of Man, ed. D. D. Raphael (Bloomington: Indiana University Press, 1967), pp. 43-53; "Human Rights: A Reply to Professor Raphael," in ibid., pp. 95-100. s D. D. Raphael, "Human Rights, Old and New," in ibid., pp. 54-67; David Hollenbach, Olaims in Oonftict: Retrieving and Renewing the Oatholic Human Rights Tradition (New York: Paulist Press, 1979), pp. 31-33; John Langan, "Defining Human Rights: A Revision of the Liberal Tradition," in Human Rights in the Americas: The Struggle for Consensus, ed., Alfred Hennelly and John Langan (Washington, D. C.: Georgetown University Press, 1982), ARE THERE ECONOMIC RIGHTS? 705 the time to go into these arguments here. I just want to,say that I find... (shrink)

Robert Zafft presents the too-often abstract language of business ethics in straight-forward language, laying out two themes commonly ignored: in the real world, it is often easy to lay out an ethical path but often very difficult to implement and encourage adherence to that path, and reputation is the single most important asset in business.

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)

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)