It is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism in (...) which there is nothing awkward about saying that associations, as such, have some moral rights to noninterference. If liberal associationism is compelling in general terms then, if states can be shown to be associations in the relevant respects, then liberalism itself will supply the moral basis for a right of that kind, held by a state or people as such, to nonintervention. (shrink)

The most plausible line of anti-doping argumentation starts with the fact that performance enhancing substances are harmful and put at considerable risk the health and the life of those who indulge in the overwhelming promises these substances hold. From a liberal point of view, however, this is not a strong reason neither to morally reject doping altogether, nor to put a blanket ban on it; on the contrary, allowing adult, competent and informed athletes to have access to performance enhancement drugs (...) is often showcased as a liberty-related right of noninterference. In this article I will first discuss doping from the liberal point of view, especially in the light of the harm principle as it was introduced by Mill and elaborated by his successors, most notably by Joel Feinberg. Then I will examine whether – and to what degree – one’s decision to receive performance enhancement drugs would mean to use humanity in one’s own person only as a means, which would be self-defeating in the light of Kantian ethics. From this I will move one step backwards to what I consider as the core question concerning the ethics of doping, the one that is logically prior to any other in my view, and concerns the consistency of the thesis that doping may be compatible with sport. I will argue that there is an inherent logical antinomy between doing sport and using performance enhancement drugs, one that presents any argumentation in favor of doping as essentially self-contradictory. (shrink)

It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance (...) on assumptions that certain specific rights exist, and that such profligacy with the language of rights does little to clarify and enhance public debate. By contrast, the two prominent theoretical analyses of the concept ‘a right’ – the Will Theory and the Interest Theory – are both revisionary theories which, if widely adopted, would require people to revise their usage of the term ‘a right’. The Will Theory is an explicitly revisionary theory, according to which rights can be held only by beings capable of waiving their rights (and hence rights cannot be held by animals or young children).2 I shall argue that traditional versions of the Interest Theory would also require revisions of popular usage of the term ‘a right’ (by implying that certain property rights and promissory rights cannot genuinely qualify as rights). Such revisionary analyses of the concept ‘a right’ might be applauded for aiming to enhance the conceptual clarity of public debate. However, my stance in this paper is avowedly non-revisionary. My aims are to seek an analysis of the concept ‘a right’ that accords with the multifarious ways in which this term is used in everyday ethical and political debates, and to argue that philosophers and legal theorists would benefit from adopting such a non-revisionary approach. (shrink)

Proposed solutions to the problems of this country's health care system range along a spectrum from central planning to free market. Central planners and free market advocates provide various ethical justifications for the policies they propose. The crucial flaw in the philosophical rationale of central planning is failure to distinguish between normative and metanormative principles, which leads to mistaken understanding of the nature of rights. Natural rights, based on the principle of noninterference, provide the link between individual morality and (...) social order. Free markets, the practical expression of natural rights, are uniquely capable of achieving the goals that central planners seek but find beyond their grasp. The history of this country's health care system and the experiences of other nations provide evidence of the superiority of free markets in reaching for the goals of universal access, control of costs, and sustaining the quality of health care. (shrink)

When the international community recognizes political entities as states, it confers upon them the rights and powers of statehood. These include the right to territorial integrity, the right to noninterference in their internal affairs, the power to make treaties, and the right to enforce legal rules on those within their territory. According to the justice-based account of recognition, political entities ought to be recognized as states if and only if they satisfy minimal requirements of internal and (...) external justice. According to the pragmatic account, they ought to be recognized as states if and only if cooperating with them and giving them international support would be the best means of achieving peace and justice among and within them—that is, global peace and justice—whether or not they themselves currently satisfy minimal requirements of internal and external justice. (shrink)

Physicians may justifiably limit patients' refusals of medical interventions when the refusal is based on a negative right to noninterference coupled with a request for an unreasonable alternative.

This article analyzes the contribution Christian ethics might be able to make to the ethical debate on policy and caregiving in health and social care in the United Kingdom. The article deals particularly with the concepts of solidarity and subsidiarity which are essential in Christian social ethics and health care ethics, and which may be relevant for the ethical debate on health and social caregiving in the United Kingdom. An important argument in the article is that utilitarian and market-driven policies (...) in the National Health Service (NHS) and the social care system have marginalized the position of the elderly and have seriously impoverished the quality of care for the elderly. The neglect of the elderly and other vulnerable groups is also the result of widespread consumerist attitudes among patients and of libertarian models of noninterference which are affirmed by a public ethos of self-sufficiency and counter-dependency. Those who need care dare not make their need known to others and ask for help, while simultaneously those who could help are so intimidated by the public affirmation of privacy and negative rights that they do not dare to offer help except if this is explicitly demanded. This distant and standoffish attitude is in an important way responsible for the fact that the voice of those in need is altogether lost to the public forum. Christian ethics puts much emphasis on responsibility and solidarity with the needy other but is not able to have much impact on the delivery of care in a secularized society and health care system like the NHS. Nonetheless, Christianity still has a powerful and respected voice, by speaking up for those who cannot speak for themselves, such as the elderly and the handicapped. Christians can find allies in the ethics of care and other relational approaches in health care ethics in order to combat libertarianism, consumerism, and utilitarianism. (shrink)

While citizens of developed countries enjoy lives of unmatched affluence, over a billion people struggle to subsist on incomes of less than $1/day. Can't we conclude that their poverty constitutes a glaring injustice? The answer almost certainly is yes—but not because some countries are rich, nor because of inadequate levels of redistribution. Liberal political theory traditionally maintains that persons are rights-holders, and the primary duty owed them is noninterference. Corrupt and tyrannical governments flagrantly violate the liberty rights of their (...) captive populations. External governments conspicuously fail to respect noninterference, however, when they erect barriers to trade between foreign nationals and their own citizens, subsidize domestic industries, prevent innocent movement across borders by would-be workers, and when they tender assistance to abusive states (such as foreign aid that lines the pockets of kleptocrats and enhances their power). The theory advanced here is similar to that of Rawls in rejecting an international difference principle, but unlike Rawls it advances an account of international justice as continuous with domestic principles of justice. (shrink)

Most approaches to animal ethics ground the moral standing of nonhumans in some appeal to their capacities for intelligent autonomy or mental sentience. _Corporal Compassion _emphasizes the phenomenal and somatic commonality of living beings; a philosophy of body that seeks to displace any notion of anthropomorphic empathy in viewing the moral experiences of nonhuman living beings. Ralph R. Acampora employs phenomenology, hermeneutics, existentialism and deconstruction to connect and contest analytic treatments of animal rights and liberation theory. In doing so, he (...) focuses on issues of being and value, and posits a felt nexus of bodily being, termed symphysis, to devise an interspecies ethos. Acampora uses this broad-based bioethic to engage in dialogue with other strains of environmental ethics and ecophilosophy. _Corporal Compassion_ examines the practical applications of the somatic ethos in contexts such as laboratory experimentation and zoological exhibition, and challenges practitioners to go beyond recent reforms and look to a future beyond exploitation or total noninterference--a posthumanist culture that advocates caring in a participatory approach. (shrink)

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. -/- Drawing on contributions from a range of experts in the field, Rights of Nature: A (...) Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article ‘Should Trees Have Standing?’, the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. -/- Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy. (shrink)

The neuropsychological and functional characterisation of mental state attribution (‘‘theory of mind’’ (ToM)) has been the focus of several recent studies. The literature contains opposing views on the functional specificity of ToM and on the neuroanatomical structures most relevant to ToM. Studies with brain-lesioned patients have consistently found ToM deficits associated with unilateral right hemisphere damage (RHD). Also, functional imaging performed with non-braininjured adults implicates several specific neural regions, many of which are located in the right hemisphere. The (...) present study examined the separation of ToM impairment from other deficits associated with brain injury. We tested 11 patients with unilateral right hemisphere damage (RHD) and 20 normal controls (NC) on a.. (shrink)

My claim is that Arendt founds the 'right to have rights' in the anarchic event of natality. Arendt is very explicit that the event of natality is an ontological event. In The Human Condition, she writes: "The miracle that saves the world, the realm of human affairs, from its normal "natural" ruin is ultimately the fact of natality, in which the faculty of action is ontologically rooted." At the same time, she is equally insistent that this ontological event is (...) not metaphysical; it is not the origin of anything like human nature: "To avoid misunderstanding, the human condition is not the same as human nature and the sum total of human activities and capabilities which correspond to the human condition do not constitute anything like human nature". Indeed, this event has the character of a "startling unexpectedness." Natality, she argues, is the condition for human existence, but it can never "…explain what we are or answer the question of who we are for the simple reason that [it] can never condition us absolutely". The 'who' does not possess an enduring, fixed nature, but is instead inherently marked by contingency and unpredictability. Arendt's ontology, therefore, does not describe an immutable order of essences; it does not seek enduring truths upon which to ground both thought and action; it does not posit a metaphysical notion of human nature or subjectivity in which human rights are inalienably inscribed. Instead, it is rooted in an unpredictable, anarchic event that provides the arche and principium of human action. For Arendt, the event of natality is the arche in the double etymological sense of origin and rule. In other words, natality is the unpredictable, anarchic origin that carries its rule or principle within it. As she points out in On Revolution, "What saves the act of beginning from its own arbitrariness is that it carries its own principle within itself or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval." Arendt goes on to argue: "For the Greek word for beginning is arche, and arche means both beginning and principle." By articulating this principium, Arendt does not give us an ontological politics; rather, she provides an ontological foundation for human rights. (shrink)

What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

In the context of «reassessing the relationship between explanation and phenomenology», the paper discusses the question in what ways Husserlian phenomenology as a descriptive science of consciousness has an explanatory potential in consciousness studies. It takes a very limited approach to the wide-ranging themes that may come to mind on this topic. At the center is an exploration of consciousness as an explanandum in its own right, building on Husserl's reflective-eidetic analyses of conscious experiences. It will concentrate on explicating (...) acts of intuitive representification ( anschauliche Vergegenwärtigungen) as intentional modifications of perception, making up higher, radical novel levels of intentionality. Acts of remembering, imagining, depicting something, as well as iterations and combinations of such acts, will serve as examples. A formal notation will be used with the intention to make the reflection-based theoretical language of phenomenology more precise and easier to survey. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Reason and law before New Sciences -- Dominion, liberty, tutelage : law, ethics and history in De uno -- The "constancy" of the divine and human things -- From Grotius to Vico : the "Natural right of the gentes.".

While standard histories of Western political thought represent women’s rights as an offshoot of the earlier movement for the equal rights of men, this essay argues that the eighteenth-century push for democracy and equal rights was grounded in arguments first used to defend women’s right to moral and religious self-determination, based on their rational and spiritual equality with men. In tandem with the rise of critiques of absolute monarchy, ideal marriage, which had previously involved lordship and subjection, was transformed (...) into an equal companionate relationship based on inclination and affection. The essay argues that the transformation, by the time of the American and French revolutions, of neo-Roman republicanism—which had been aristocratic and oligarchic—into egalitarian, democratic republicanism had been mediated by the extension of arguments, widely distributed in the literature criticizing the slavery of marriage, into a general critique of slavery and support for the equal rights of men. (shrink)

Revenge is common in our daily lives, and people feel good when engaging in revenge behavior. However, revenge behavior is a complex process and remains somewhat of a puzzle of human behavior. Neuroimaging studies have revealed that revenge behaviors are associated with activation of a neural network containing the anterior cingulate cortex, ventral striatum, inferior frontal gyrus, and dorsolateral prefrontal cortex. Recent brain stimulation research using transcranial direct current stimulation and transcranial magnetic stimulation has shown a causal relationship between brain (...) regions and revenge behaviors, but the findings have been mixed. In the present study, we aimed to study whether stimulation in the DLPFC can change participants’ revenge behavior in conditions where participants’ wealth was taken away in different ways. We adapted the moonlighting game and designed a new paradigm. Our study revealed that revenge behavior increased following activation in the right DLPFC, suggesting that the right DLPFC plays an important role in overriding self-interest and retaliation. In addition, our results revealed that the right DLPFC is crucial in revenge behavior related to the motivation of invasion. (shrink)

Numerical inductive reasoning has been considered as one of the most important higher cognitive functions of the human brain. Importantly, previous behavioral studies have consistently reported that one critical component of numerical inductive reasoning is checking, which often occurs when a discrepant element is discovered, and reprocessing is needed to determine whether the discrepancy is an error of the original series. However, less is known about the neural mechanism underlying the checking process. Given that the checking effect involves cognitive control (...) processes, such as the incongruent resolution, that are linked to the right dorsolateral prefrontal cortex, this study hypothesizes that the right DLPFC may play a specific role in the checking process. To test the hypothesis, this study utilized the transcranial direct current stimulation, a non-invasive brain stimulation method that could modulate cortical excitability, and examined whether and how the stimulation of the right DLPFC via tDCS could modulate the checking effect during a number-series completion problem task. Ninety healthy participants were allocated to one of the anodal, cathodal, and sham groups. Subjects were required to verify whether number sequences formed rule-based series, and checking effect was assessed by the difference in performance between invalid and valid conditions. It was found that significantly longer response times were exhibited in invalid condition compared with valid condition in groups of anodal, cathodal, and sham tDCS. Furthermore, the anodal tDCS significantly shortened the checking effect than those of the cathodal and sham groups, whereas no significantly prolonged checking effect was detected in the cathodal group. The current findings indicated that anodal tDCS affected the process of checking, which suggested that the right DLPFC might play a critical role in the checking process of numerical inductive reasoning by inhibiting incongruent response. (shrink)

Cohen-Almagor's book represents a remarkable contribution to the discussion of the right to die with dignity. It offers the discussion of a wide range of topics. They include: the terminology respectful of human dignity ; the question of autonomy; the sanctity-of life – quality of life debate; criticism of some extreme quality-of-life position; criticism of Ronald Dworkin's distinction between critical and experiential interests and the consequences this author draws from it; active and passive euthanasia; the Dutch experience and the (...) Oregon Death with Dignity Act; and many others. The book is discussed from a basically sympathetic view, where some details are focused on as meriting some further examination. Some remarks are offered to indicate the complexity of the definition of autonomy; a defense of Dworkin's argument is offered; an insistence on the necessity to rely on moral conferring features is remarked. (shrink)

A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the (...) primary bearers of this duty, while all other able persons in appropriate circumstances have the associate duties to help biological parents discharge their duties. I also consider some policy implications of this right. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...) contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

The concept of right (jus) as a moral power is traced in Leibniz's earliest to latest philosophical work.

Daniel Halliday examines the morality of the right to bequeath or transfer wealth, and argues that inheritance is unjust to the extent that it enhances the intergenerational replication of inequality, concentrating opportunities in certain groups. He presents an egalitarian case for imposition of a significant inheritance tax.

Christian concern about how we treat animals has increased strikingly in recent years. More and more Christians are deciding that our attitudes towards animals must change. Here is a book which presents, for the first time, a comprehensive and well-argued theological case for the rights of animals, and offers a challenging critique of our existing insensitivity toward animal life. Everyone who cares about the rights of animals, particularly clergy and ministers who are constantly being asked for answers on the issue, (...) will welcome this new and important book. (shrink)

During long-term refugee displacements, it is common for the refugees’ country of origin to be called on to recognize a right of return. A long-standing tradition of philosophical theorizing is sceptical of such a right. Howard Adelman and Elazar Barkan are contemporary proponents of this view. They argue that, in many cases, it is not feasible for entire refugee populations to return home, and so the notion of a right of return is no right at all. (...) We can call Adelman and Barkan’s view the feasibility objection. Many defenders of rights will deny that empirical facts such as the kind to which Adelman and Barkan appeal are relevant to determining whether a moral entitlement amounts to a right. In contrast, I offer a response to the feasibility objection that does admit the relevance of facts. In my view, considerations of feasibility do matter when determining what rights human beings possess. Nevertheless, the feasibility objection is undone by its failure to acknowledge a distinction between two different kinds of feasibility constraints. ‘Hard’ constraints include logical, nomological and biological considerations. ‘Soft’ constraints include political, cultural and institutional factors. A necessary condition of a moral entitlement achieving the status of a right, I argue, is that it be feasible in the hard sense. Crucially, however, a right need not always be feasible in the soft sense. Refugees can have rights that it is not currently possible to implement politically. (shrink)

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on (...) the topic Introduction (Pages: 1-6) Thom Brooks Summary PDF References Request permissions Part I : Ethics CHAPTER 1 Consequentialism and Deontology in the Philosophy of Right (Pages: 7-42) Dean Moyar Summary PDF References Request permissions CHAPTER 2 The Empty Formalism Objection Revisited: §135R and Recent Kantian Responses (Pages: 43-72) Fabian Freyenhagen Summary PDF References Request permissions CHAPTER 3 On Hegel's Critique of Kant's Ethics: Beyond the Empty Formalism Objection (Pages: 73-99) Robert Stern Summary PDF References Request permissions Part II : Politics CHAPTER 4 Hegel and the Unified Theory of Punishment (Pages: 101-123) Thom Brooks Summary PDF References Request permissions CHAPTER 5 Hard Work: Hegel and the Meaning of the State in his Philosophy of Right (Pages: 124-142) Kimberly Hutchings Summary PDF References Request permissions Part II : Politics CHAPTER 6 Gender, the Family, and the Organic State in Hegel's Political Thought (Pages: 143-164) Alison Stone Summary PDF References Request permissions Part III : Law CHAPTER 7 Natural Law Internalism (Pages: 165-179) Thom Brooks Summary PDF References Request permissions CHAPTER 8 Hegel on the Relation between Law and Justice (Pages: 180-208) Alan Brudner Summary PDF References Request permissions. (shrink)

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation (...) of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

The Morality of Spin explores the ethics of political rhetoric crafted to persuade and possibly manipulate potential voters. Based on extensive insider interviews with leaders of Focus on the Family, one of the most powerful Christian right organizations in America, Nathaniel Klemp asks whether the tactic of tailoring a message to a particular audience is politically legitimate or amounts to democratic malpractice. Klemp’s nuanced assessment, highlighting both democratic vices and virtues of the political rhetoric, provides a welcome contribution to (...) recent scholarship on deliberative democracy, rhetoric, and the growing empirical literature on the American Christian right. (shrink)

This volume focuses on Hegel's philosophy of action in connection to current concerns. Including key papers by Charles Taylor, Alasdair MacIntyre, and John McDowell, as well as eleven especially commissioned contributions by leading scholars in the field, it aims to readdress the dialogue between Hegel and contemporary philosophy of action. Topics include: the nature of action, reasons and causes; explanation and justification of action; social and narrative aspects of agency; the inner and the outer; the relation between intention, planning, and (...) purposeful behaviour; freedom and responsibility; and self-actualisation. This book will appeal alike to Hegel scholars and philosophers of action. List of Contributors: Katerina Deligiorgi, Stephen Houlgate, Dudley Knowles, Arto Laitinen, Alasdair Macintyre, John Mcdowell, Francesca Menegoni, Dean Moyar, Terry Pinkard, Robert B. Pippin, Michael Quante, Constantine Sandis, Hans-Christoph Schmidt Am Busch, Allen Speight, Charles Taylor, Allen W. Wood. (shrink)

John Rawls makes a provocative, original, but largely underdeveloped and neglected suggestion about the most basic subject-matter and aims of normative ethical theory. Rawls proposes that the moral concept of ‘right’, which we use when we call an individual action or social practice morally right or wrong, is defined by the functional role it has of properly adjudicating conflicting claims that persons make on one another and on social practices. Substantive moral theories of right and wrong, including (...) utilitarianism, Kantianism and contractualism, are supposed to provide more specific principles, criteria, values and ideals for interpreting and resolving this fundamental moral problem. It is not immediately apparent, however, what moral problem Rawls thinks substantive theories of right are supposed to interpret and address. The aim of this paper is to offer a fuller account of what Rawls could have meant by defining the concept of right as the proper adjudication of conflicting claims that persons make on one another or on social practices. I also describe and assess three implications of this expanded definition of right and I end with two reasons why one might accept some version of it. (shrink)

That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to (...) regard them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

Hegel's Philosophy of Right concerns ideas on justice, moral responsibility, family life, economic activity, and the political structure of the state. It shows how human freedom involves living with others in accordance with publicly recognized righs and laws. This edition combines a revised translation with a cogent introduction to Hegel's work.

Some commentators confer the right to children on those who gestate them because of the personal intimate relationship they say obtains in gestation.1 Benjamin Lange criticises two variants of that argument.2 He argues against the view that gestation creates a sui generis relationship that in its distinctiveness confers the right to the child on its gestator and the right of the child to its gestator. He also argues against the view that gestation involves a relationship whose dissolution (...) necessarily causes morally significant harm. I do not dispute these lines of reasoning, but the analysis goes further than Lange indicates. The reasons that Lange deploy to reject the relationship involved in gestation as conferring any kind of proprietary right to children also undercut that relationship as a ground of a presumptive duty towards those children. In the first instance, Lange disputes the idea that gestation produces a non-instrumental good that both the gestator and child have an interest in maintaining. In part, he argues that this kind of relationship lacks the emotional complexity, intimacy and intensity that underwrite other kinds of relationships, namely the very qualities that constitute the value of those relationships. More tellingly, he says, there is no unambiguous evidence that …. (shrink)

It has been argued by some that the present non-existence of future persons entails that whatever obligations we have towards them are not based on rights which they have or might come to have. This view is refuted. It is argued that the present non-existence of future persons is no impediment to the attribution of rights to them. It is also argued that, even if the present non-existence of future persons were an impediment to the attribution of rights to them, (...) the rights they will have when they come into existence constitute a constraint on present actions. Both arguments build on a suggestion of Joel Feinberg's. Next, three arguments are considered which, while they do not highlight the non-existence issue, are related to it. The view that the causal dependence, of (some) future people on present policies, erodes or weakens the claim that rights considerations should constrain our present actions concerning them, is considered and rejected. The view that future people can only have rights to what is available at the time at which these people come into existence is considered and rejected. So too is the view that the attribution of rights to future people involves, in virtue of resource scarcity, an unacceptable arbitrariness. (shrink)

Today’s reality, largely based on the development of technology, carries with it many dangers for various spheres of our lives. One of the areas most at risk is our privacyand thus our right to privacy. It is one of the fundamental human rights, but unfortunately today it is exposed to many violations. This article is an attempt to interpret the right to privacy, and it shows selected threats to this right from the perspective of the development of (...) new technologies. (shrink)

Their treatment of such human rights political participation, freedom of conscience, and religious toleration demonstrate, Oh says, that Islam should have a ...

Demonstrates how the ethical underpinning of Hegel’s political and social philosophy has relevance for contemporary democratic life. The legal regulations and formal rules of democracy alone are not enough to hold a society together and govern its processes. Yet the irreducible ethical pluralism that characterizes contemporary society seems to make it impossible to impose a single system of values as a source of social cohesion and identity reference. In this book, Lucio Cortella argues that Hegel’s theory of ethical life can (...) provide such a grounding and makes the case through an analysis of Hegel’s central political work, the Philosophy of Right. Although Hegel did not support democratic political ends and wrote in a historical and cultural context far removed from the current liberal-democratic scene, Cortella maintains that the Hegelian theory of ethical life, with its emphasis on securing a framework conducive to human freedom, nevertheless offers a convincing response to the problem of the ethical uprootedness of contemporary democracy. (shrink)

The rise to taking over state power after elections of 2014 by majoritarian forces in India has since witnessed weakening of institutions of governance. The ruling Bhartiya Janata Party has returned to power with an enhanced parliamentary majority in the 2019 elections. The rise of hindutva, the Hindu nationalist political philosophy of the formations comprising the BJP and the Sangh parivaar or affiliates of the right wing Rashtriya Swayamsevak Sangh, has reshaped the discourse on the “idea of India”. Under (...) the extensive reframing in majoritarian nationalist terms of Indian political verities, it is conceivable that the Indian military, widely regarded as a professional, apolitical and secular force, will also be impacted. There has been little academic scrutiny of the possible influence of majoritarianism on the Indian military. The paper examines impact of the onset of majoritarianism democracy on India’s military by taking a close look at the movement in civil-military relations under the BJP government. There is a shift in civil-military relations from objective civilian control, that enhances professionalism and keeps the military apolitical, to subjective civilian control, wherein the military is co-opted through subscribing to the ideologybased security perspective of the ruling party. This shift poses for the military a risk of losing their a political ethic. Erosion of the apolitical ethic of the military will open up the military’s secular ethic to modification. The conclusions are both relevant for policy and theory. The relevance for policy lies in the need for the Indian state and the military to preserve professionalism by persisting with the objective civilian control model. The theoretical relevance is in discerning limits to the concept of obedience of the military to the civilian political rulers. Where there is a threat from a political ideology or its penetration into the military’s intellectual domain with the potential to dilute the military’s professionalism, the military needs to pushback for the sake of national security. (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of natural law. (...) Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

This paper will consider the right not to know in the context of psychiatric disorders. It will outline the arguments for and against acquiring knowledge about the results of genetic testing for conditions such as breast cancer and Huntington’s disease, and examine whether similar considerations apply to disclosing to clients the results of genetic testing for psychiatric disorders such as depression and Alzheimer’s disease. The right not to know will also be examined in the context of the diagnosis (...) of psychiatric disorders that are associated with stigma or for which there is no effective treatment. (shrink)