The fundamental impulse of Discourse Theory is to eschew the moral substantivism of ethical rationalism in favour of a pragmatic, procedural approach to ethical and legal analysis. However, this paper argues that even if the analysis of Communicative Action as reconstructed by Habermas’s “Universal Pragmatics,” and the implied procedural rules of practical discourse advanced by Robert Alexy are accepted, the validation or “redemption” of all authoritative and distributive claims must, in terms of logical priority, encounter the substantively general necessity of (...) Gewirth’s Principle of Generic Consistency. This result operates as a reductio ad absurdum of the project of Universal Pragmatics and prompts us to reconsider the epistemological status and the political and ethico-legal function of Discourse Ethics in Civil Society. (shrink)

The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post‐Austinian Positivists are interpretative or ideal‐typical models of the practical rationality of the legal enterprise which are not, and cannot possibly (...) be, value‐neutral. With particular attention to the work of John Finnis and his incorporation of Weberian and Aristotelian methodological principles, this paper exposes, if not the truth of Natural Law Theory, the impossibility of Legal Positivism. (shrink)

The recent transnational wave of destruction that was caused by the earthquake-induced tsunamis in South East Asia has raised the issue of global justice in terms of the rights of victims to expect aid relief and the moral responsibility of the rest of the world to provide it. In this paper I will discuss the issue of global ethics in terms of positive rights that people have to assistance from others when they cannot provide such assistance themselves. The main object (...) of the paper is to demonstrate that positive rights are universal and global in scope and cannot therefore be restricted by any national, religious, cultural or other social boundaries. Such rights provide a rational and ethical foundation for global justice that is cosmopolitan. The argument for the position offered in the paper will be broadly based on the moral philosophy of Alan Gewirth.1. (shrink)

Good journalism is based—and to some extent thrives—on a diversity of perspectives from those who supply information and informed opinions to the public. New media journalism is a contemporary newsgathering and disseminating method with enormous communication potential because it is an online forum that can connect a great number of diverse contributors and audiences. Citizen journalism—performed on a global level through the Web—is a potential marvel because of its wide reach and range of diversity. This paper offers an examination and (...) philosophical analysis that shows which facets of new media information ethics and epistemology can be reconciled with universal ethical and epistemological principles and which, if any, cannot. To that end, we wish to provide groundwork for the description and critical evaluation of universal ethical and epistemic standards consistent with the phenomenon of new media journalism. (shrink)

Beginning with the initial premise that as the Internet has a global character, the paper will argue that the normative evaluation of digital information on the Internet necessitates an evaluative model that is itself universal and global in character. The paper will show that information has a dual normative structure that commits all disseminators of information to both epistemological and ethical norms that are in principle universal and thus global in application. Based on this dual normative characterization of information the (...) paper will seek to demonstrate: that information and internet information specifically, as a process and product of communication, has an inherent normative structure that commits its producers, disseminators, communicators and users, everyone in fact that deals with information, to certain mandatory epistemological and ethical commitments; and that the negligent or purposeful abuse of information in violation of the epistemological and ethical commitments to which its inherent normative structure gives rise is also a violation of universal rights to freedom and wellbeing to which all agents are entitled by virtue of being agents, and in particular informational agents. (shrink)

The notion of “consent” is frequently referred to as “informed consent” to emphasise the informational component of a valid consent. This article considers aspects of that informational component. One misuse of the language of informed consent is highlighted. Attention is then directed to some features of the situation in which consent would not have been offered had certain information been disclosed. It is argued that whether or not such consent is treated as sufficiently informed must, from a moral point of (...) view, take account of four conditions. When these are applied to the operation of consent in relation to criminal responsibility for HIV transmission, the approach in some recent cases is shown to be morally questionable. (shrink)

Followers of traditional modes of ethical thinking rightly approachpostmodern philosophical methodologies with a certain enigma andsuspicion due to the latter’s tendency to swipe clean basic assumptionswhich had been historically accepted without question. Contemporarytheorists conceptually dig their way into complex labyrinths of noveldefinitions not only to establish the neotericity of their paradigms but also to disengage themselves from the tyranny of dogmatic conclusions that may inhibit their suppositions from being enclosed by established systems of thought. When the Principle of Generic Consistency (...) was introduced by Alan Gewirth in his most popular work Reason and Morality, it spurred numerous reactions, both pros and cons,1 as the principle offered to fulfill the utopian dream of establishing a rational foundation for human rights. The latter part of the book, together with subsequent articles and works, explained in detail how the principle could be applied to the intricacies of applied morality, such as the promotion of man’s well-being, and consequently, the fulfillment of his existence. This paper deals with the same path of Gewirth; only this time, it seeks to construct a rational bridge between a PGC-basedhuman self-fulfillment and the creation of a habitat that embodies hope for political harmony. Moreover, the PGC would not only be construed as the foundation for human rights, but also as a rational trail by which man’s relation with his fellow could serve to develop an intersubjective enhancement of freedom and well-being. (shrink)

The question of the moral status of AI and the extent to which that status ought to be recognised by societal institutions is one that has not yet received a satisfactory answer from lawyers. This paper seeks to provide a solution to the problem by defending a moral foundation for the recognition of legal personhood for AI, requiring the status to be granted should a threshold criterion be reached. The threshold proposed will be bare, noumenal agency in the Kantian sense. (...) Agency has been identified by Alan Gewirth as the source of the rights claims of our own species and, at risk of contradiction, is a foundation that must be expanded to all agents or else we contradict the foundation of our own rights. This is something that ought to be recognised through the granting of legal personhood to all noumenal agents by any system that requires such personhood for the enforcement of rights, or else the rule restricting legal personhood cannot be seen as a valid legal norm. Having laid out the case, the paper will move on to defend this natural law conception against the narrower definition of legal personhood proposed by Bryson et al. with regards to AI. It will argue that bare agency is a sufficient, though not necessary, criterion for the ascription of legal personhood in any system that sees the status as necessary for the ascription of legal rights. The paper will conclude by analysing the proposals currently making their way through the legislatures of the UK and European Union. They will be assessed for their compatibility with the claim that a functioning legal system necessarily must recognise the legal personhood of all noumenal agents regardless of their origins, and whether they are future-proofed for the possibility that AI may meet this threshold. (shrink)

The purpose of the present paper is: (1) to outline a conceptual framework useful for the analysis of ethical issues raised by goal-directed activities, (2) to apply this framework to nanoscale research, (3) identify some of the main challenges in the evaluation of such research, and (4) exemplify what is needed for a positive answer to the question “How can nanoscale research improve the quality of life?” A basic idea of the paper is that nanoscale research can improve the conditions (...) and quality of life of large groups in society, provided that: (a) this research is directed at certain generally accepted goals, (b) at least some of the opportunities are exploited for the good of mankind, (c) the key obstacles on the road are eliminated, reduced or circumvented, and (d) this is done in ethically acceptable ways. (shrink)

: Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

Interactive theorem provers might seem particularly impractical in the history of philosophy. Journal articles in this discipline are generally not formalized. Interactive theorem provers involve a learning curve for which the payoffs might seem minimal. In this article I argue that interactive theorem provers have already demonstrated their potential as a useful tool for historians of philosophy; I do this by highlighting examples of work where this has already been done. Further, I argue that interactive theorem provers can continue to (...) be useful tools for historians of philosophy in the future; this claim is defended through a more conceptual analysis of what historians of philosophy do that identifies argument reconstruction as a core activity of such practitioners. It is then shown that interactive theorem provers can assist in this core practice by a description of what interactive theorem provers are and can do. If this is right, then computer verification for historians of philosophy is in the offing. (shrink)

The idea that humans should abandon their individuality and use technology to bind themselves together into hivemind societies seems both farfetched and frightening – something that is redolent of the worst dystopias from science fiction. In this article, we argue that these common reactions to the ideal of a hivemind society are mistaken. The idea that humans could form hiveminds is sufficiently plausible for its axiological consequences to be taken seriously. Furthermore, far from being a dystopian nightmare, the hivemind society (...) could be desirable and could enable a form of sentient flourishing. Consequently, we should not be so quick to deny it. We provide two arguments in support of this claim – the axiological openness argument and the desirability argument – and then defend it against three major objections. (shrink)

Divine command theories come in several different forms but at their core all of these theories claim that certain moral statuses exist in virtue of the fact that God has commanded them to exist. Several authors argue that this core version of the DCT is vulnerable to an epistemological objection. According to this objection, DCT is deficient because certain groups of moral agents lack epistemic access to God’s commands. But there is confusion as to the precise nature and significance of (...) this objection, and critiques of its key premises. In this article, I try to clear up this confusion and address these critiques. I do so in three ways. First, I offer a simplified general version of the objection. Second, I address the leading criticisms of the premises of this objection, focusing in particular on the role of moral risk/uncertainty in our understanding of God’s commands. And third, I outline four possible interpretations of the argument, each with a differing degree of significance for the proponent of the DCT. (shrink)

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

An ambitious ethical theory ---Alan Gewirth's "Principle of Generic Consistency"--- is encoded and analysed in Isabelle/HOL. Gewirth's theory has stirred much attention in philosophy and ethics and has been proposed as a potential means to bound the impact of artificial general intelligence.