This essay aims to bring to light the distinctive features of Fichte's construal of cosmopolitan right in the Foundations of Natural Right—in comparison to Kant's—in the light of the current philosophical debate on migration and global justice. The paper is articulated in three steps. First, it analyzes the addressees and content of Fichte's cosmopolitan right by emphasizing its limited scope: by focusing on those individuals who do not come “from any state,” Fichte's discussion of cosmopolitan right (...) foreruns Arendt's philosophical theorization of statelessness and the “right to have rights.” Second, it considers Fichte's justification of cosmopolitan right—and its compatibility with his justification of private property rights—by stressing its ontological anchoring in the notions of “absolute will,” “personhood,” and “original right.” Finally, the essay considers the systematic position of cosmopolitan right with regard to the “right of nations” and the “right of a state” in Fichte's doctrine of right by giving special attention to the range of reasons that, according to Fichte, can legitimate the rejection of a stranger. (shrink)

This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint (...) property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things, through legal activities. In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage. (shrink)

In this paper I develop a theory of the acquisition of parental rights. According to this investment theory, parental rights are generated by the performance of parental work. Thus, those who successfully parent a child have the right to continue to do so, and to exclude others from so doing. The account derives from a more general principle of desert that applies outside the domain of parenthood. It also has some interesting implications for the attribution of moral parenthood. In (...) particular, it implies that genetic relationships per se are irrelevant to parental rights and that it is possible to have more than two moral parents. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does (...) not depend on the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...) the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does (...) not depend on the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

Virtually everything we know depends in some way or other on the testimony of others—what we eat, how things work, where we go, even who we are. We do not, after all, perceive firsthand the preparation of the ingredients in many of our meals, or the construction of the devices we use to get around the world, or the layout of our planet, or our own births and familial histories. These are all things we are told. Indeed, subtracting from our (...) lives the information that we possess via testimony leaves them barely recognizable. Scientific discoveries, battles won and lost, geographical developments, customs and traditions of distant lands—all of these facts would be completely lost to us. It is, therefore, no surprise that the importance of testimony, both epistemological and practical, is nearly universally accepted. Less consensus, however, is found when questions about the nature and extent of our dependence on the word of others arise. Is our justified reliance on testimony fundamentally basic, for instance, or is it ultimately reducible to perception, memory, and reason? Is trust, or some related interpersonal feature of our social interaction with one another, essential to the acquisition of beliefs that are testimonially justified? Is testimonial knowledge necessarily acquired through transmission from speaker to hearer? Can testimony generate epistemic features in its own right? These are the questions that will be taken up in this paper and, as will become clear, their answers have far-reaching consequences for how we understand our place in the social world. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, then (...) assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

In this short paper I will discuss the ambiguous and, even, controversial term ‘right to die’ in the context of the euthanasia debate and, in particular, in the case of passive euthanasia. First I will present the major objections towards the moral legitimacy of a right to die, most of which I also endorse myself; then I will investigate whether the right to die could acquire adequate moral justification in the case of passive euthanasia. In the light (...) of the Kantian tradition I will argue that since rights are understood as based upon duties, the right to die should also presuppose a corresponding duty, which to me could be either an imperfect, solidarity-related duty, or an autonomy-related one, at least as far as the unwanted prolongation of life is concerned. I will conclude with the view that the right to die could actually be considered a legitimate one in the case of passive euthanasia, when the application of life-supporting techniques is against the wishes and the best interests of the patient. (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)

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient (...) for addressing the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on (...) its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly. (shrink)

Owen, Freyenhagen, and Martin should be lauded for bringing the complexities of competence assessment and acquired brain injury to light. This discussion is often a difficult and vexed exercise for an array of conditions including ABI, and is usually a judgment that is critically important for determining whether or not a patient has the right to make their own decisions. There are a number of themes in their article that chime with ideas developed by Fulford about the nature (...) of illness, and I suggest that, in addition to teasing out some subtleties of competence assessment, they have also explained, in a phenomenologically grounded way, why it is that we should consider ABI an illness.Tests of... (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. (...) I argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to (...) own property and to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to (...) own property and to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Why has compulsive hoarding recently captured the American imagination? To what extent is hoarding a subtype of OCD or a discrete "disorder" in its own right? Can a cultural-studies and philosophical assessment of hoarding complement the medical model that has recently been offered by clinicians and the DSM IV? This essay tracks these and related questions in order to offer a theory of compulsive hoarding that pays particular attention to the sometimes distorted representation of hoarding in literature and the (...) mainstream media. (shrink)

We all know that Google stores huge amounts of information about everyone who uses its search tools, that Amazon can recommend new books to us based on our past purchases, and that the U.S. government engaged in many data-mining activities during the Bush administration to acquire information about us, including involving telecommunications companies in monitoring our phone calls. Control over access to our bodies and to special places, like our homes, has traditionally been the focus of concerns about privacy, but (...) access to information about us is raising new challenges for those anxious to protect our privacy. In _Privacy Rights,_ Adam Moore adds informational privacy to physical and spatial privacy as fundamental to developing a general theory of privacy that is well grounded morally and legally. (shrink)

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they (...) have made their own). I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

In the following study the author goes back to the beginnings of the Women's Rights movements in order to pose the question on gender equality by approaching it through the prism of language as a powerful tool in human rights battles. This permits her to show the deep interrelation between women's struggle for recognition and some particular women rights, like the "feminization" of professional titles and the implementation of a gender sensitive language. Hence she argues the thesis that even in (...) the most advanced European democracies, where freedom of speech, education, and scientific research seem actually to be legally guaranteed as universal rights, there is still a deep conflict in regard to the use of language and also that we have throughout history backlashes, reproductions of past stereotypes, and a loss of women's rights which were previously acquired. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various (...) ways, in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

Democratic deliberation is credited with a variety of virtues, including its possible usefulness in resolving, or at least ameliorating, inter‐cultural conflicts. This paper questions this claim. First, it overlooks that the facts and principles involved in these conflicts generally prove contestable and that such contestation is likely to be greater the less homogenous societies are. Second, it neglects that many, if not most, citizens have neither the time nor the inclination to acquire the conceptual and factual knowledge needed to try (...) and overcome these differences. As a result, the more inclusive and popular deliberation becomes, the less suitable it may be for overcoming cross cultural disagreements. Indeed, it has the potential to exacerbate rather than narrow the differences between majorities and minorities. These conclusions are drawn from an empirical review of a Canadian debate about aboriginal rights that followed a controversial Supreme Court of Canada decision and comparing the character of deliberation in three contexts: the legal community, the print media and legislative bodies. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

In this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are all acquired in the same manner and acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth (...) have some parental rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these. (shrink)

This paper focuses on a discussion in Abu Nasr al-Farabi’s Book of Letters (Kitāb al-Ḥurūf), which has to do with the importation of philosophical (including scientific) discourse from one language or nation (ummah) to another. The question of importing philosophical discourse from one language or nation to another touches on Farabi’s views on a number of important philosophical questions. It reveals something about his views on the nature of philosophical and scientific concepts and their relation to concepts in non-philosophical or (...) ‘popular’ discourse, as well as the means of grasping previously unencountered concepts. In this article, I will discuss these issues both to ascertain Farabi’s views as well as to shed some light on them in their own right. I will argue that Farabi thinks that the understanding of some novel philosophical or scientific concepts sometimes depends on the grasp of related concepts from ordinary discourse, and that experts rely on these everyday concepts in acquiring the more specialized concepts. If the same linguistic terms are used to denote both concepts, they will be ambiguous, but this can be considered a case of ‘productive ambiguity,’ since it aids in the acquisition of novel concepts. (shrink)

In their recent article, Brown et al analyse several ethical aspects around immunity passports and put forward some recommendations for implementing them. Although they offer a comprehensive perspective, they overlook two essential aspects. First, while the authors consider the possibility that immunological passports may appear to discriminate against those who do not possess them, the opposite viewpoint of immune people is underdeveloped. We argue that if a person has been tested positive for and recovered from COVID-19, becoming immune to it, (...) she cannot be considered a hazard to public health and, therefore, the curtailment of her fundamental rights is not legitimate. Second, they omit that vaccine distribution will create similar problems related to immunity-based licenses. Vaccine certificates will de facto generate a sort of immunity passport. In the next phases of the pandemic, different immunity statuses will be at stake, because the need to identify who can spread COVID-19 is unavoidable. If a person does not pose a threat to public health because she cannot spread the infection, then her right to freedom of movement should be respected, regardless of how she acquired that immunity. (shrink)

Arguing that everyone has a right to privacy as control overaccess to `intimate' aspects of one's life, this author draws on thework of Julie Inness to discuss children's rights to privacy inclassrooms. Even if it is agreed that pupils should exercise this right,a central point is that there may be moral or other value considerationsthat justify setting the right aside. Among selected complexities, animportant extension is the right to psychological processes throughwhich learners acquire new knowledge.

This paper argues that land and resource rights are often essential in overcoming colonial inequality and devaluation of indigenous populations and cultures. It thereby criticizes global welfare egalitarians that promote the abolition of national sovereignty over resources in the name of increased equality. The paper discusses two ways in which land and resource rights contribute to decolonization and the eradication of the associated inequality. First, it proposes that land and resource rights have acquired a status-conferring function for colonized peoples (...) so that possession of full personhood and relational equality is partially expressed through the possession of land and resource rights. Second, it suggests that successful internal decolonization depends on access to and control over land and resources, especially for indigenous peoples. (shrink)

According to many theories of testimony, acts of testimony confer certain epistemic rights upon recipients, e.g., the right for the recipient to complain or otherwise hold the testifier responsible should the content of that testimony turn out to be false, and the right to “pass the epistemic buck”, such that the recipient can redirect relevant challenges they may encounter back to the testifier. While these discussions do not explicitly exclude testimonial acts that occur online, they do not specifically (...) address them, either. Here, then, I will ask the following questions: do the differences between communicating in online and offline spaces affect our testimonial epistemic rights, and if so, how? While there is no singular “online space”, here I will focus on such spaces in which users communicate with one another, and in which communicated information can be vetted by other users (for example, social media). I argue that the characteristics of online testimony should make us think about testimonial epistemic rights differently, in two ways. First, whereas such rights have traditionally been conceived of as existing between the recipient and testifier, in many different types of online communication these rights exist between the recipient and a community. This is a result of the fact that online testimony is mediated, and in some cases partially determined by, a community of users. As such, testimonial epistemic rights in online spaces may be widely extended: while the original testifier still bears the brunt of responsibility for challenges, and is the primary buck-passee, all other members of the relevant community will also bear some such responsibilities. Second, the grounds of testimonial epistemic rights may differ in online spaces. Existing theories tend to ground such rights either in assurances provided by the testifier, or else norms that govern speech acts. I argue that testimony in online spaces should cause us to look to a third option, what I call norms of information sharing. The idea is that, given the highly social nature of online communication, a recipient acquires testimonial epistemic rights in virtue of having a reasonable expectation that information that is shared and vetted by the community meets certain standards. The grounds of online testimonial epistemic rights, then, is not primarily interpersonal or norms-based, but social. (shrink)

Excerpt from Right Living: Lessons in Ethics for Schools Human experience has shown the value of right living, also, the disaster that follows wrong living. It has been clearly demonstrated, again and again, that the basis of symmetrical life is character, first, last, and always, and good character comes only from a right use of life, and a correct understanding of its duties. Emerson says Character is the most valuable pos session and acquisition of life. Higher than (...) intellect, and a great soul will be strong to live, as well as to think. Moral stature is acquired by an inward growth or development of character. Aided by such precepts and examples as we have been fortunate enough. To obtain, through the ministrations of others, and by our own efforts and observations. The value accorded to an acknowledged weight of exemplary character is illustrated in a letter from President Adams to George Washington, then a private citizen in retirement at Mount Vernon, when in 1798 war was imminent with France We must have your name if you will permit us to use it. There will be more efficacy in it than in many an army. Good citizenship is the aim and object of public school teaching, and is a positive demand of the State. It is the endeavor to do something toward meeting thisdemand by bringing to the young people in our public schools the incentives to high character and noble living by kindly advice and admonition, strengthened by numerous examples and anecdotes from the lives of those whom the world has delighted to honor, that this book has been prepared. If it shall have served this purpose in any degree, the author's object will have been attained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

The traditional conception construes human rights as moral rights all people have due to some basic feature or interests deemed intrinsically valuable. This comported well with the revival of the discourse of human rights in the wake of atrocities committed during WWII. It served as a useful referent for local struggles against foreign rule and domestic dictatorship in the 1980s. Since 1989, human rights discourse acquired a new function: the justification of sanctions, military invasions, and transformative occupation administrations by (...) outsiders, framed as enforcement of international law against violators. The traditional conception doesn't fit this new function, hence the efforts to counter-pose a "political" to the "traditional" approach. This essay analyzes two recent versions of the political conception, and argues for a third. The thesis is that sovereign equality and human rights are normative principles of our dualist international system and both are needed to construct a more just version of that system. (shrink)

This article argues that the notion of a promissory right captures a central feature of the morality of promising which cannot be explained by the notion of promissory obligation alone: the fact that the promisee acquires a full range of control over the promisor’s obligation. It defends two main claims. First, it argues that promissory rights are distinctively grounded in our interest in controlling others’ deontic world. Second, it proposes a version of the ‘Interest Theory’ of rights that incorporates (...) our interest in purely deontic forms of control into the various human interests that constitute the grounds of our rights. (shrink)

The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both “political” interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this special (...) interest is a necessary condition for both of these latter kinds of interests to materialize. Hence, unlike the Millian thesis of two different kinds of interests (self- and other-regarding), here we take that there are three types or spheres of interests. Any conception of rights, then, will cover a subset of interests found in the domains of all of those three types of interests: in the domain of political interest the issue concerns selection among competing sets of legitimate interests, within the domain of private interests the point is to discern those that will be protected by law, while the third type of interests, the object of which is a unique collective identity and its defining specificity, represents an overarching interest that is embedded in any legitimate collective concern. In this scheme, well-suited for democratic theory, the majority/minority discourse is a matter of distinguishing which particular set of legitimate interests is chosen to be dominant (e.g., which political party is in power) and which ones are waiting for the opportunity to achieve their transformation from minority (opposition) to majority (i. e. government). If, however, there is no well-defined collective identity, minorities acquire a new meaning. Rather than being possible future majorities, they form a nucleus of competing collective identities with, sometimes hopeless but still alive, aspirations to sovereignty. Thus they become sources of likely conflicts that may go well beyond political controversies. (shrink)

My question in this paper concerns what eudaimonist virtue ethics (EVE) might have to say about what makes right actions right. This is obviously an important question if we want to know what (if anything) distinguishes EVE from various forms of consequentialism and deontology in ethical theorizing. The answer most commonly given is that according to EVE, an action is right if and only if it is what a virtuous person would do in the circumstances. However, understood (...) as a claim about what makes particular actions right, this is not especially plausible. What makes a virtuous person’s actions right must reasonably be a matter of the feature, or features, which she, via her practical wisdom, appreciates as ethically relevant in the circumstances, and not the fact that someone such as herself would perform those actions. I argue that EVE instead should be understood as a more radical alternative in ethical philosophy, an alternative that relies on the background assumption that no general account or criterion for what makes right actions right is available to us: right action is simply too complex to be captured in a ‘finite and manageable set of…moral principles’ (McKeever and Ridge, Principled ethics, Oxford University Press, 2006 , p. 139). This does not rule out the possibility that there might be some generalizations about how we should act which hold true without exception. Perhaps there are some things which we must never do, as well as some features of the world which always carry normative weight (even though their exact weight may vary from one context to another). Still, these things are arguably few and far between, and what we must do to ensure that we reliably recognize what is right in particular situations is to acquire practical wisdom. Nothing short of that could do the job. (shrink)

This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after (...) their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies. (shrink)

If individuals possess robust rights over their own persons and legitimately acquired possessions does any action on the part of another person that has any physical effect on the right-holder or her property to which the right-holder has not consented violate those rights? If so, it seems that almost every ordinary exercise of one’s rights—e.g., starting one’s car up in one’s own driveway, emitting some smoke while grilling in one’s own backyard—violate the rights of one’s neighbors. To (...) avoid this conclusion must the libertarian theorist shift to a less robust understanding of rights? This chapter argues against the need for such a general attenuation of rights. Any sensible delineation of rights must leave moral elbow room for the exercise of those rights. So, a sensible delineation of rights will not construe the minor physical intrusions under consideration as moral boundary-crossings. (shrink)

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...) a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of.. (shrink)

The 3rd Report of the Special Representative of the Secretary-General of the United Nations appears to have generated significant consensus around its approach to business and human rights. This state of harmony relies mainly upon a narrow mandate limiting the endeavour largely to a mapping exercise. It also relies upon a process of 'operationalisation' that is yet to be undertaken despite the recent release of a 4th Report. After a brief presentation of the main parameters of the framework proposed by (...) the 3rd Report and of its precarious advantage over other similar initiatives, this article takes a close look at the main link that needs to be operationalised: i.e. the link between corporate responsibility for human rights and the concept of legal and criminal responsibility. The article then addresses the constitutive elements of the concept of responsibility to shed light upon the responsibility of business organisations in a human rights law context. It looks at the innovative ways in which the concept of corporate criminal responsibility has been dealt with in various domestic jurisdictions and at the new paradigms of corporate agency resulting in the process. Building on this inquiry, the analysis focusses on the way in which the legal discourse acquires new dimensions of corporate responsibility by moving away from an individualistic perspective. On the basis of this, the article suggests conceptual tools that can become instrumental in the process of the operationalisation of the 3rd Report, albeit at the likely cost of rendering the consensus around it more fragile. (shrink)

How do the intellect and will remain free while pursuing a life of virtue? This is where the question of prudence comes in. Is the practical wisdom of the prudent man founded upon some kind of innate or acquired instinct, or does it presuppose understanding of intellectually grasped basic principles? And if those principles are presupposed, is reason necessary for applying them in any given instance, or can one solely look to the rightly formed appetites acquired by moral (...) virtue? In answering these questions, Ryan J. Brady looks first and foremost to St. Thomas Aquinas and his ancient and modern interpreters. Brady's way of engaging the question of the interplay between the intellect and reason is by focusing on two apparently conflicting texts of St. Thomas Aquinas, one of which says that synderesis (the habit of the first principles of the practical intellect) appoints the end to the moral virtues and another which says prudence does. The author's conviction is that the correct way of reconciling the two texts not only establishes knowledge not only of the role of conscience, virtue, and natural law in the moral life but also provides insight into the profoundly complementary roles of reason and will within the context of a life of virtue. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

The following pair of claims is standardly endorsed by philosophers working on group agency: (1) groups are capable of irreducible moral agency and, therefore, can be blameworthy; (2) groups are not capable of irreducible moral patiency, and, therefore, lack moral rights. This paper argues that the best case for (1) brings (2) into question. Section 2 paints the standard picture, on which groups’ blameworthiness derives from their functionalist or interpretivist moral agency, while their lack of moral rights derives from their (...) lack of sentience. In Section 3, I add support to a recent argument that this standard picture needs alteration: groups’ blameworthiness requires something akin to sentience, which groups acquire from members. Section 4 discusses rights: if groups acquire sentience from members, as Section 3 argues, then can groups have moral rights? I argue that they can, but that groups have only a limited range of moral rights, whose existence depends on (without being ontologically or justificatorily reducible to) the attitudes and actions of humans. (shrink)

Health care insurance schemes, whether private or public, are notoriously unaccommodating to individuals with disabilities. While most nonelderly nondisabled persons in the U.S. are insured through private sources, coverage sources for nonelderly persons with disabilities have traditionally been a mix of private and public coverage. For all age groups, the employment-to-population ratio is much lower for persons with a disability than for those with no disability. Moreover, employed persons with a disability were more likely to be self-employed than those with (...) no disability. As a group, therefore, nonelderly people with disabilities have not been as well positioned as others to obtain private health care insurance because in the U.S., acquiring such coverage usually is employer based. (shrink)

Brettschneider argues that the granting of property rights to all entails a right of exclusion by acquirer/owners against all others, that this exclusionary right entails a loss on their part, and that to make up for this, property owners owe any nonowners welfare rights. Against this, I argue that exclusion is not in fact a cost. Everyone is to have liberty rights, which are negative: what people are excluded from is the liberty to attack and despoil others. Everyone, (...) whether an owner of external property or not, benefits from this and thus rationally exchanges that liberty in exchange for a like abandonment of it by others. The proper social contract trade is thus liberty for liberty—not liberty for owners and positive welfare rights for nonowners (though the latter in fact benefit greatly from the property rights of owners). (shrink)

Kant maintains that while claims to property are morally possible in a state of nature, such claims are merely “provisional”; they become “conclusive” only in a civil condition involving political institutions. Kant’s commentators find this thesis puzzling, since it seems to assert a natural right to property alongside a commitment to property’s conventionality. We resolve this apparent contradiction. Provisional right is not a special kind of right. Instead, it marks the imperfection of an action where public authorization (...) is lacking. Provisional right thereby functions as a methodological device in a sequential elucidation of the moral basis of public law. To develop this reading, we first explain Kant’s two-step account of property rights—his division between ‘having’ and ‘acquiring’. Then we explain what is involved in a sequential exposition of right more generally. (shrink)

Thomas Christiano argues that democracies acquire a right to rule by being the unique embodiment of publicly accessible rules. Justice requires the equal advancement of the interests of all. However, due to the need for citizens to shape a common world despite disagreement and limitations of human cognition, publicity is a necessary constraint on the pursuit of justice. Given that democracy is necessary to secure public equality, democratic authority is thus justified, as democracy is the only political arrangement that (...) satisfies both the publicity constraint and equality requirement. Christiano’s argument depends on a claim that individuals should be given the right to advance what they take to be their interests. This right is defended through two interlocking claims. First, according individuals this right advances three fundamental interests: i) correcting cognitive biases; ii) being at home in the world; and iii) equal moral standing. Second, the three fundamental interests imply that any collective decision-making procedure must be publicly accessible. Thus, any argument against the right to judge for oneself either violates the publicity requirement or the equality constraint. In this paper, I argue that Christiano’s argument faces a problem—under a two-stage plural voting system, an unequal distribution of voting rights can satisfy both the publicity requirement and the equality constraint. Thus, Christiano’s claim that public equality requires an equal distribution of the right to judge for oneself is mistaken. (shrink)