In his recent article, titled ‘Royaumont Revisited’, Overgaard challenges Dummett's view that one needs to go as far back as the late nineteenth century in order to discover examples of genuine dialogue between ‘analytic’ and ‘continental’ philosophy. Instead, Overgaard argues that in the 1958 Royaumont colloquium, generally judged as a failed attempt at communication between the two camps, one can find some elements which may be utilized towards re-establishing a dialogue between these two sides. Yet, emphasising this image of Royaumont (...) as a kind of battleground between ‘analytic’ and ‘continental’ philosophy obscures the plurality of philosophical approaches involved. Royaumont was the meeting point of more than two philosophical traditions, as can be shown by the divergent interests of its participants. Thus, though the potential for rapprochement between Oxford ‘linguistic philosophy’ and a certain strand of phenomenological thought may indeed be found among the discussions that took place during the colloquium, one should keep in mind that such rapprochement took place in the context of a meeting between, among others: continental ‘analytics’, Anglophone non-‘analytics’, French historians of philosophy, ‘analytic’ opponents of Oxford philosophy, Franciscan phenomenologists, and Oxonians who called their work ‘phenomenology’. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (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)

This paper provides a general philosophical groundwork for the theoretical and applied normative evaluation of information generally and digital information specifically in relation to the good life. The overall aim of the paper is to address the question of how Information Ethics and computer ethics more generally can be expanded to include more centrally the issue of how and to what extent information relates and contributes to the quality of life or the good life , for individuals and for society. (...) To answer that question, the paper explores and provides by way of a theoretical groundwork for further research, the concept of wisdom understood as a type of meta - knowledge as well as a type of meta - virtue , which can enable one to both know in principle what a good life is and how to successfully apply that knowledge in living such a life in practice. This answer will be based on the main argument presented in this paper that the notion of wisdom understood as being at once a meta - epistemological , meta - axiological and meta - eudemonic concept, provides the essential conceptual link between information on the one hand and the good life on the other. If, as we are told, this is the Age of Information, both the theoretical examination and analysis of the question of how information relates to the good life and the provision of an adequate answer to that question are essential for developing a deeper understanding of how to evaluate the theoretical and practical implications and ramifications of information for the good life, for individuals and societies generally. (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)

In a recent paper in Business Ethics Quarterly Professor Jeffrey Moriarty (2005) asserted the relevance of political philosophy to business ethics. Moriarty asked whether "businesses ought to be run (more) like states" and argued why that might be beneficial. This paper on the contrary asserts that there are distinct disadvantages to businesses attempting to be run more like states. Specifically, it asserts that any such an attempt increases the likelihood of the re-emergence of a totalitarian society as businesses currently often (...) act as an intermediary between the individual and the state. The paper contemplates Moeller's ambitions in the Weimar period for the business to be run like a state and the historical outcome of those ambitions. The paper also distinguishes between two different kinds of rights and argues that different kinds of rights pertain to different sectors which preclude business being run like a state. (shrink)

ABSTRACTThis article argues that the normative foundations and political implications of David Held's cosmopolitan social democracy are insufficient as solutions to the moral and social problems he criticizes. The article develops a life-grounded alternative critique of globalization that roots our ethical duties towards each other in consciousness of our shared needs and capabilities. These ethical duties are best realized in political projects aimed at fundamental long-term transformations in the principles that govern major socio-economic institutions.

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in considerations (...) of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (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 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 human rights either as a moral system or as a set of legal practices does not sit well with the concept of honor. This is true for both ontological reasons and because of some reprehensible misuses of the term in constructs such as “honor killings.” Yet the absence of honor as an argument for human rights comes with a high cost in the defense of human rights generally. As Hobbes made clear in his early theory, rights—and dignity—are (...) grounded in the human capacity to make promises and in the necessity of honoring them. In his view then, honor is an essential feature of human rights and one closely linked to the human capacity for dignity. In this article, I explore how environmental human rights place a renewed emphasis on honor as a requirement for the protection of the rights of future generations. In the process, I explore the general relationship between honor, dignity, and human rights. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such (...) a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (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)

: In The Morality of Freedom, Joseph Raz argues against a right to autonomy. This argument helps to distinguish his theory from his competitors'. For, many liberal theories ground such a right. Some even defend entirely autonomy-based accounts of rights. This paper suggests that Raz's argument against a right to autonomy raises an important dilemma for his larger theory. Unless his account of rights is limited in some way, Raz's argument applies against almost all (purported) rights, not just a right (...) to autonomy. But, on the traditional way of limiting accounts like his, Raz's account actually supports the conclusion that people have a right to autonomy. So, unless there is another way of limiting his account that does not have this consequence, Raz's argument against a right to autonomy does not go through. (shrink)

Professional engineering societies which are based in the United States, such as the American Society of Mechanical Engineers (ASME, now ASME International) are recognizing that their codes of ethics must apply to engineers working throughout the world. An examination of the ethical code of the ASME International shows that its provisions pose many problems of application, especially in societies outside the United States. In applying the codes effectively in the international environment, two principal issues must be addressed. First, some Culture (...) Transcending Guidelines must be identified and justified. Nine such guidelines are identified. Second, some methods for applying the codes to particular situations must be identified. Three such methods are specification, balancing, and finding a creative middle way. (shrink)

I explore the usefulness of Martha Nussbaum's capabilities approach in regard to the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social and cultural rights. Implementing the CRPD will clearly be politically challenging and also very expensive for states. Thus, questions might arise as to whether the requirements set in the CRPD can be justified from an ethical perspective. (...) I will first investigate if Nussbaum's capabilities approach provides support for the rights claimed in the CRPD. Second, I will investigate to what extent Nussbaum's capabilities approach is a useful tool to set priorities among rights in the course of the implementation of the convention. This is an urgent question because seen realistically, it will not be possible to realize all rights at once and thus some rights need to receive greater priority than others. I will argue that the capabilities approach can be regarded as supporting the rights specified in the CRPD, but that it proves unable to guide the implementation process due to an insufficient grounding of the capabilities. Employing the capabilities approach thus leads to only limited results. (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.

Given the enormous changes in the ways we will live together on the planet Earth, business and economic ethics, with its considerable developments since the1980s, is called to ask itself what major challenges lay ahead for it in the next ten years. It seems three major challenges have emerged with increasing clarity, urgency, and importance. They concern all levels of business, from the personal to the organizational and the systemic level and likely will become even more important in the future. (...) In three sections, the paper explicates the following challenges: (a) a rich and comprehensive understanding of wealth creation as the purpose of business and economics; (b) the guarantee of securing all human rights to all people; and (c) the active involvement of the world’s religions in meeting the challenges of creating wealth and securing human rights. (shrink)

A central issue in Chinese philosophy today is the relationship between Confucianism and democracy. While some political figures have argued that Confucian values justify non-democratic forms of government, many scholars have argued that Confucianism can provide justification for democracy, though this Confucian democracy will differ substantially from liberal democracy. These scholars believe it is important for Chinese culture to develop its own conception of democracy using Confucian values, drawn mainly from Kongzi (Confucius) and Mengzi (Mencius), as the basis. This essay (...) describes some obstacles to this form of Confucian democracy. It argues that considering the political philosophies of Kongzi and Mengzi in the context of their views on personal cultivation reveals that they oppose some of the central assumptions of democracy. They do not trust the public to make good decisions, and advocate government for the people, but not by the people. These philosophies alone cannot generate democracy. (shrink)

We argue that the current ethical and regulatory framework for permissible risk levels in pediatric research can be helpfully understood in terms of children’s moral right to adequate protection from harm. Our analysis provides a rationale for what we propose as the highest level of permissible risk in pediatric research without the prospect of direct benefit: what we call “relatively minor” risk. We clarify the justification behind the usual standards of “minimal risk” and “a minor increase over minimal risk” and (...) explain why it is permissible to impose any risks at all on child participants who do not stand to benefit directly from enrollment in research. Finally, we illuminate some aspects of the concept of “best interests.”. (shrink)

: This article is an ethnographic analysis of the mutuality that is possible in relationships between caregivers and women with intellectual disabilities who live together in L'Arche homes. Creating mutuality through which both parties grow and exercise agency requires that caregivers learn to negotiate delicate power relations connected to the physics of care and to reframe dominant stereotypes of disability. This helps them to support the women with intellectual disabilities to name and achieve their desires.

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person (...) would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

ABSTRACT:Central to the United Nations Framework setting out the human rights responsibilities of corporations proposed by John Ruggie is the principle that corporations have a responsibility to respect human rights in their operations whether or not doing so is required by law and whether or not human rights laws are actively enforced. Ruggie proposes that corporations should respect this principle in their strategic management and day-to-day operations for reasons of corporate (enlightened) self-interest. This paper identifies this as a serious weakness (...) and argues that identifying the responsibility to respect human rights as an explicitly ethical obligation to be respected for that reason would provide a much stronger justificatory foundation for respecting the principle seen from a corporate perspective, given that corporations are accountable to their shareholders for their deployment of the firm’s financial resources. (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)

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...) the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight. (shrink)

This paper argues that, if one thinks that the needy have a right to the material resources they need in order to lead decent lives, one must be committed, in some cases, to conferring on the sick a right that the healthy give them some of the body parts they need to lead such a life. I then assess two objections against that view, to wit: to confer on the sick a right to the live body parts of the healthy (...) violates the bodily integrity of the latter; and constitutes too much of an interference in their life. I conclude that although the sick sometimes have a right to some of the body parts of the healthy, the latter still retain a considerable degree of autonomy. (shrink)

In 2007, the Ethics and Governance Council of the UK Biobank commissioned a Report on ‘Concepts of Public Good and Pubic Interest in Access Policies’. This study considered the Biobank’s role as a ‘public good’ in respect to supporting and promoting health throughout society. However, the conditions under which access by third parties to UK Biobank are justified in the public interest have not been well considered. In this article, I propose to analyse the conditions that should allow such access. (...) My argument develops UK Biobank’s function as a ‘public good’ and in terms of its responsibilities as a public health institution; both to protect the rights of the participants and in having a role in reinforcing public goals. Although these two tasks may conflict, it is possible that resolute opposition to some third-party access demands—if properly justified in terms of a public interest—will be damaging to, rather than protective of, participants’ rights. To illustrate my argument, I consider the appropriate response to an extraordinary public emergency , such as a serious criminal investigation or disaster response, in terms of an ethical access policy. (shrink)

Policy debates surrounding poverty and inequality often focus on practical solutions and seldom explore the normative underpinning that would justify our concerns with these phenomena. Why should we care about poverty, or about inequality? From a philosophical standpoint, can we separate the two, such that it is possible to be deeply concerned about poverty but unconcerned about inequalities? Do our reasons for caring about one contrast with our reasons for caring about the other? While there is a growing empirical literature (...) exploring the mechanisms connecting the two, the philosophical literature has seldom focused on their relationship. Firstly, this paper provides a clear map of the philosophical debate, clarifying the normative assumptions that underlie positions conceptually prioritizing inequality and poverty respectively. Secondly, the paper suggests ‘a pluralist approach’, that stresses the overlap of our normative concerns with poverty and inequality and highlights parallel problems that restrictive interpretations of these concepts face, pointing to the importance of considering broader phenomena and processes (such as deprivation and exclusion) that illuminate the relationship between the two. (shrink)

Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people’s autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to a second-class moral (...) status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns. (shrink)

Autonomy and consent have been central values in Western moral and political thought for centuries. One way of understanding the bioethical models that started to develop, especially in the 1970s, is that they were about the fusion of a long-standing professional ethics with the core values underpinning modern political institutions. That there was a need for this kind of fusion is difficult to dispute, especially since the provision of health care has in most developed countries become an ever more important (...) concern of our political institutions, with governments playing a significant role in regulating and facilitating the provision of health care and in many countries even largely organizing it. There is, nevertheless, still room for dispute about how best to achieve this fusion and how to best think about autonomy and consent in a biomedical context. The simplest model we can have is probably about how being a person is largely about having the capacity of autonomous choice and that the main mode through which we exercise autonomy is by providing informed consent. Yet, liberal democracy's core idea that human beings have a high and equal value is also found in other accounts of the person. The human-rights framework provides an alternative model for thinking about personhood and about patient care. The human-rights approach is grounded, not in an account of autonomy, but in an account of the moral and political personhood that people possess merely by being human beings. In this approach, values like dignity and integrity, both highly relevant in a bioethical context, are identified as distinct values rather than being derived from and therefore reduced to respect for autonomous choice. The human-rights approach can supplement the problematic notion of autonomy that has been central to bioethics by placing this notion in a broader, strongly pluralistic framework. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (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)

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)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)