Online research in philosophy

Lack of understanding about the relationship between federal and state educational institutions brings confusion into discussions of democracy, equity and equality in schools. The 'right to education' continues to be espoused by American society as a birthright, yet it does not figure in federal documentation. This matter has repeatedly come to the attention of legislative courts, who have insisted that the question of education as a fundamental right be addressed. Numerous court cases have attempted to bring (...) closure on this issue, on the basis of such abstractions as national rights, equal access, opportunity and economic disparity among the petitions. However, legal judgments remain inconclusive, reiterating that education remains a state legislative issue. This paper explores the implications of a fundamental right to education through an examination of federal and state legal litigation, discussing the philosophical and ideological roots of discussion of rights and democratic values, and evaluating how federal and judicial participation contributes to overall misunderstanding regarding public schooling. (shrink)

In most cases, discussions on the right to education focus on the way access to education can be warranted for all and which aims should be pursued in rather abstract terms. This article approaches the topic starting from the case of Roma people. The particularity of their living circumstances raises the question what it is that we are aiming at when trying to realize a universal right to education for them. After confronting their social practices (...) with the education system, three suggestions are made how to make sense of a right to education. First, the need for a holistic approach towards human rights is expressed. Second, the right to education is thought of in terms of a right to qualification. Finally, an open dialogue of social practices is proposed, as a fixed idea of what the school should look like is not desirable in a multicultural society. (shrink)

Working from a concept of politics of education that encompasses legal,ethical and pedagogical levels of analysis, this paper presents theresults of a field work project on the meaning and current state of theright to education with a larger philosophical discourse. Talk ofeducation as a human right presupposes taking part in a horizon ofinterpretation. Projected is a view of person as a subject, i.e., assomeone not only placed in a specific context, but also as someone whois capable of (...) distancing him/herself from local and culturalconditioning. (shrink)

Abstract Values education is occasionally attacked as violative of the privacy rights of students and others. Stipulating a definition of the right to privacy, the author develops some general reasons for protecting the right to privacy. General criteria for judging the extent to which values education curricula violate privacy are established and applied to two approaches to values education. One conclusion is that not all approaches to values education should be seen as violative of (...) privacy rights. (shrink)

The ideal of personal autonomy enjoys considerable support in educational theory, but close analysis reveals serious problems with its core analytical and psychological components. The core conception of autonomy authorizes individuals to employ their imaginations in troubling and unhealthy ways that clash with sound ideals of moral character. Lucas Swaine argues in this essay that this gives grounds to deny that the core conception of autonomy should be promoted in democratic education. What is more, according to Swaine, young citizens (...) appear to have no right to be educated, in public schools, for the purpose of becoming autonomous individuals of the kind he describes and criticizes in this account. (shrink)

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) (...) to do wrong is a condition for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals that none refute the coherence of the concept of a ‘moral right to do moral wrong’. At most, some objections successfully challenge the weight and frequency of the personal autonomy reasons for such rights. Autonomy-based moral rights to do moral wrong are therefore conceptually possible as well as, at least on occasion, actual. (shrink)

I defend the consistency of affirming the right to life while rejecting universal healthcare and liveable income programmes. I also defend the rationality of accepting inconsistency.

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...) and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

In England and Wales, there is significant controversy on the law related to abortion. Recent discussions have focussed predominantly on the health professional's right to conscientious objection. This article argues for a comprehensive overhaul of the law from the perspective of an author who adopts the view that all unborn human beings should be granted the prima facie right to life. It is argued that, should the law be modified in accordance with this stance, it need not imply (...) that health professionals should enjoy an unqualified right to object to participating in the provision of abortion. Indeed, it is proposed that – in some situations – women should be granted a positive right to abortion. While the focus of this article is on changing the law in England and Wales, it is hoped that the position developed here will also inspire legal debate and reform elsewhere. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, (...) but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...) to assist the global poor. Since the human right to stay is entailed by values that feature prominently in the philosophical debate on immigration, the article further contends that participants in that debate have particular reason to reject the popular ‘choice view’ and endorse the alternative position presented in the article. (shrink)

It has been argued that voluntary euthanasia (VE) and physician-assisted suicide (PAS) are morally wrong. Yet, a gravely suffering patient might insist that he has a moral right to the procedures even if they were morally wrong. There are also philosophers who maintain that an agent can have a moral right to do something that is morally wrong. In this article, I assess the view that a suffering patient can have a moral right to VE and PAS (...) despite the moral wrongness of the procedures in light of the main argument for a moral right to do wrong found in recent philosophical literature. I maintain that the argument does not provide adequate support for such a right to VE and PAS. (shrink)

Richard Peters pioneered a form of philosophical analysis in relation to educational discourse that was criticised by some at the time and is today somewhat out of fashion. This paper argues that much of the objection to Peters' methodology is based on a misunderstanding of what it does and does not involve, that consequently philosophical analysis is often wrongly seen as one of a number of comparable alternative traditions or approaches to philosophy of education between which one needs to (...) choose, and that, partly consequentially, there is a relative lack of philosophical expertise among today's ‘philosophers of education’. Furthermore, his methodology vindicated, it can be said that Peters was indeed ‘nearly right about education’, perhaps more so than he has subsequently come to believe himself. (shrink)

Abstract Popular education stands in the background of the majority of efforts in human rights education in Latin America. Both kinds of education have contributed to the education of people as producers, citizens and people. As producers, people are located in the common world of labour and the corresponding culture, as citizens in a sphere of rights and obligations, as people in their life?histories. All these dimensions provide challenges of a different kind to education; they (...) are approached on the background of liberation theology and Peruvian experiences. (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)

In this article Sarah Stitzlein highlights an educational right that has been largely unacknowledged in the past but has recently gained significance given renewed citizen participation in displays of public outcry on our streets and in our town halls. Dissent is typically conceived of as a negative right—a liberty that guarantees that the government will not interfere with one's public self-expression. Stitzlein argues that, insofar as the legitimacy of the state depends on obtaining the consent of the governed, (...) the state must allow the lively proliferation of dissent. Attending to this negative rights perspective, Stitzlein explores the educational implications of reframing the right to dissent as a positive right. This includes discussing the state's obligation to cultivate the skills of dissent in its young citizens and, correspondingly, student entitlement to this training. These educational implications, especially for civics education, are far more substantial than the thinner implications of the negative right to dissent. (shrink)

The paper discusses the current medical practice of "gender verification" in sports from an ethical point of view. It takes the recent public discussion about 800-meter runner Caster Semenya as a starting point. At the World Championships in Athletics 2009 in Berlin, Germany, Semenya was challenged by competitors as being a so called "sex impostor". A medical examination to verify her sex ensued. The author analyses whether athletes like Semenya could claim a right not to know that is generally (...) acknowledged in human genetics and enforced by international and national genetic privacy laws. The relevance of this right for genetic diagnosis in sports is discussed. To this end, the interests of the athlete concerned and of third parties are balanced according to the expected benefits and harms. Harm is documented in a number of cases and includes unjustified disqualification, severe sex and gender identity crisis, demeaning reactions, social isolation, depression and suicide. Benefits are dubious as most cases of intersex are considered irrelevant for sports competition. It has to be concluded that the benefits to be gained from "gender verification" in sports via genetic testing do not outweigh the grave individual disadvantages. The current practice of athletic associations to largely ignore the right of competitors not to know does not comply with prevailing ethical provisions on the protection of sensitive personal data. Therefore, genetic "gender verification" in sports should be abolished. (shrink)

This paper offers four arguments against a moral human right to health, two denying that the right exists and two denying that it would be very useful (even if it did exist). One of my sceptical arguments is familiar, while the other is not.The unfamiliar argument is an argument from the nature of health. Given a realistic view of health production, a dilemma arises for the human right to health. Either a state's moral duty to preserve the (...) health of its citizens is not justifiably aligned in relation to the causes of health or it does not correlate with the human right to health. It follows that no one holds a justified moral human right to health against the state.Education and herd immunity against infectious disease both illustrate this dilemma. In the former case, the state's moral duty correlates with the human right to health only if it demands too much from a cause of health; and in the latter, only if it demands nothing from a cause of health (that is, too little). (shrink)

Completing the translation of Derrida’s monumental work Right to Philosophy (the first part of which has already appeared under the title of Who’s Afraid of Philosophy?), Eyes of the University brings together many of the philosopher’s most important texts on the university and, more broadly, on the languages and institutions of philosophy. In addition to considerations of the implications for literature and philosophy of French becoming a state language, of Descartes’ writing of the Discourse on Method in French, and (...) of Kant’s and Schelling’s philosophies of the university, the volume reflects on the current state of research and teaching in philosophy and on the question of what Derrida calls a “university responsibility.” Examining the political and institutional conditions of philosophy, the essays collected here question the growing tendency to orient research and teaching towards a programmable and profitable end. The volume is therefore invaluable for the light it throws upon an underappreciated aspect of Derrida’s own engagement, both philosophical and political, in struggles against the stifling of philosophical research and teaching. As a founding member of the Research Group on the Teaching of Philosophy and as one of the conveners of the Estates General of Philosophy, Derrida was at the forefront of the struggle to preserve and extend the teaching of philosophy as a distinct discipline, in secondary education and beyond, in the face of conservative government education reforms in France. As one of the founders of the Collège International de Philosophie, he worked to provide a space for research in and around philosophy that was not accepted or legitimated in other institutions. Documenting and reflecting upon these engagements, Eyes of the University brings together some of the most important and incisive of Derrida’s works. (shrink)

The human right to health is crucial in the fight against global poverty. Health and an adequate standard of living are intimately connected. Poor health can make it difficult to overcome poverty, and poverty can make it difficult to attain good health. For the human right to health to be effective, however, it must have sufficient content to do the important normative work of rights. In the first part of this paper I give plausible arguments against the very (...) existence of a human right to health based on its lack of content and extend this to other social rights such as the right to adequate income, housing and education. In the second part of the paper I provide a defense of human social rights, including the human right to health, by arguing that these human rights, though abstract, have enough content to function as rights. (shrink)

This article addresses conceal and carry laws on higher education campuses as ethical and social dilemmas. The Second Amendment reads, “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” (U. S. Const. amend. II 1791 ). Proponents for conceal and carry laws on college and university campuses often interpret the Second Amendment as an overarching right to have weapons, regardless (...) of location. Opponents of such legislation argue that allowing guns on campuses would be a mistake and student safety can be addressed in other ways. Throughout the 2010–2011 legislative sessions Arizona and Texas have been on the cusp of passing pro conceal and carry laws which would allow higher education students to carry weapons on campus. Over two decades states have increased access to weapons, while most in the U.S. have sentiments against their neighbors carrying arms (Kranz 2006 ). While the Second Amendment provides the right for individual to carry arms, higher education campuses are regarded as a subset of the population, a space for maturing adults and not a place for concealed weapons. (shrink)

In this popular text, Joel Spring provocatively analyzes the ideas of traditional and non-traditional philosophers, from Plato to Paulo Freire, regarding the contribution of education to the creation of a democratic society. Each section focuses on an important theme: “Autocratic and Democratic Forms of Education;” “Dissenting Traditions in Education;” “The Politics of Culture;” “The Politics of Gender;” and “Education and Human Rights.” This edition features a special emphasis on human rights education. Spring advocates a legally (...) binding right to an education that includes an education in human rights. His argument is that until schools are required to fulfill a duty to protect human rights and teach others to protect human rights, government-operated schools will remain authoritarian rather than democratic institutions. Wheels in the Head: Educational Philosophies of Authority, Freedom, and Culture From Socrates to Human Rights, Second Edition , a critically original work, is widely used as a text for courses across the fields of philosophical, social, political, and historical foundations of education, and critical issues in education. Reflecting its global relevance, a Chinese translation was published by the University of Peking Press in 2005. (shrink)

Education lies at the heart of the Universal Declaration of Human Rights (UDHR): ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms’. However, when education is mentioned in the philosophical literature on human rights, or even within the literature on educational policy, it is usually within the context of its being treated as a specific right—as education as a human (...) class='Hi'>right rather than human rights education. Taking rights and obligations to be intimately tied within a full human rights educational regime, I argue for the role of education in establishing and realizing freedom from poverty as a human right. The arguments for why this freedom should be considered a human right are compelling. I offer five educational moments in the human rights movement in general, and the arguments for freedom from poverty as a human right, more specifically, in my discussion of human rights education. (shrink)

This article is the second of a two-part investigation, the first part of which was published in Ethics and Education, vol. 5, issue 2, 2010, under the title ?Preface to an ethics of education as a practice in its own right?. Although it builds on the arguments of that ?preface?, this second part of the investigation can be read as a stand-alone essay. It begins with a brief review of a new subordination of educational practice achieved by (...) a neo-liberal tenor in international educational reforms in recent decades in Western societies. The practical context for the essay however is that failure of many of these reforms, like the failure of neo-liberal dominance in socio-economic policy, has given rise to emergent opportunities where inspirations for educational debate and policy-making are concerned. Arguing for the uptake of such opportunity, the ethical tenor of education as a practice in its own right is explored under four headings: (1) review and clarification of the inherent purposes of education as a practice; (2) investigation of educationally productive pathways that are characteristic of education as a practice in its own right; (3) elucidation of a recognisable family of virtues that arise from that practice itself; (4) exploration of the kinds of relationships through which these virtues, and their educational fruits, are nourished. (shrink)

Abstract This paper is a case study of the repression practised in Chile under the military dictatorship between 1973 and 1990. It outlines the psycho?dynamic mechanisms of terror and of the struggle against it. It raises critically the issue of impunity (officially declared amnesty for human rights violations) and its consequences for the sense of justice in a process of transition to democracy. The educational implications of this precarious situation are discussed. The article shows that a well?worked out system of (...) terror can destroy even the most elementary forms of respect for basic human rights. A full reconstitution of the social fabric is required, which is based on the practice of respect for human rights as a foundation for a democratic polity. (shrink)

This essay focuses on the applicaation of the notions of tacit knowing and embodied interaction to the college classroom. Topics ranging from classroom arrangement and discussion techniques, through curriculum and textbook choices, to attitudes and values are address.

Rather than to focus upon a particular ‘right to life’, we should consider what rights there are pertaining to our lives and to our living. There are different sorts. There are, for instance, rights that constitute absences of particular duties and rights that correspond to the duties of other agents or agencies. There are also natural and non-natural rights and duties. Different people in different contexts can have different moral duties and different moral rights including rights to life. The (...) question of the moral rights there are to and pertaining to life is considered with reference to James Griffin’s account of human rights. Also considered is the question of who or what can be a bearer of them. (shrink)

Foreword by Robert H. Bork -- Culture wars -- A distorted understanding of rights -- The right to privacy -- Griswold and contraception -- Roe and abortion -- Assisted suicide and homosexuality -- Political connections and natural consequences.

Karl Popper's falsificationist epistemology that all knowledge advances through a process of conjectures and refutations carries profound implications for politics and education. In this article, I first argue that, on a political level, it is necessary to establish and maintain an open society by fostering not only five core values, viz. freedom, tolerance, respect, rationalism, and equalitarianism, but also three crucial practices, viz. democracy, state interventionism, and piecemeal social engineering. Then, considering that an open society places great political, and (...) thus educational, demands upon its members, I examine the role played by education in its establishment and maintenance, focusing on its educational aims, curriculum, and pedagogy. (shrink)

There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a (...) communitarian theory of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and may require the individual good to yield to the community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable. (shrink)

There Could Not Be A More Fundamental Approach To The Various Problems Of Education Than The One That The Learned Author, Who Is A Doyen In The Field Of ...

Along with concerns about the deleterious effects of politically driven government intervention on science are the intrusion of private sector interests into the conduct of research and the reporting of its results. Scientists are generally unprepared for the challenges posed by private interests seeking to advance their economic, political, or ideological agendas. They must educate and prepare themselves for assaults on scientific freedom, not because it is a legal right, but rather because social progress depends on it.

The aim of this article is to outline the basis for a comprehensive account of educational rights. It begins by acknowledging the difficulties posed by diversity, and defends a conception of universal human rights that limits parental educational discretion. Against the backdrop of the literature of public reason and fair equality of opportunity, it sketches arguments for the existence of rights to education of some specific kinds. Those rights, and associated educational purposes, are systematised on the basis of a (...) conception of education as initiation into practices that express human flourishing. (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)

Legal statutes prohibiting felons from voting result in nearly 4 million Americans, disproportionately African-American and male, being unable to vote. These felony disenfranchisement (FD) statutes have a long history and apparently enjoy broad public support. Here I argue that despite the popularity and extensive history of these laws, denying felons the right to vote is an unjust form of punishment in a democratic state. FD serves none of the recognized purposes of punishment and may even exacerbate crime. My strategy (...) is not to argue for this conclusion directly. Rather, I consider seven arguments for the moral legitimacy of FD, each of which will be found lacking. My emphasis falls not on the legal or constitutional questions associated with FD, but with its moral justification within a broadly liberal political framework. These arguments draw upon a variety of philosophical outlooks; three justify FD by appealing to justice or desert, three others justify FD based on its allegedly beneficial social consequences, and a final argument is a hybrid of both sorts of considerations. Not only do all these arguments fail, but eliminating FD could have salutary effects on our present climate of political discourse. -/- . (shrink)

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of (...) international relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim (...) – that in a state of nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this paper, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I (...) adduce several varieties of respect, then present a primary distinction needed to discern the notion of respect relevant to the putative right. Then I propound the argument that there can be no right to respect and consider some means of challenging its conclusion. In closing, I trace some of the consequences of this argument and suggest how it might motivate a different approach to understanding our most basic obligations to one another. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless (...) and until he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

The positioning of theory in relation to educational practice has provoked much recent debate, with some arguing that educational theory constrains thinking in education, while others dismiss ‘theory’ out of hand as belonging to the world of the ‘academic’, abstracted from the ‘realities’ of the classroom. This paper views theory as necessarily implicated in all practices, but argues that depending on the theories embraced, and the understanding of theory itself, education can be understood in very different ways. Resisting (...) the separation of theory from practice, the paper takes up the call to consider the entanglement of theory with practice, or how theory matters. It takes formative assessment as a particularly fertile case for this discussion. Formative assessment has been considerably developed in schooling across different national education systems. Its aspiration is for assessment to support learning, rather than only to credentialise learning. Having first emerged as a concept when behaviourism held sway, it has been considered through different theoretical lenses. Drawing upon empirical studies of classroom assessment practices, the paper draws out the different ‘mattering’ implicated in the different languages of assessment used by practitioners, raising questions about the practices this produced. The paper concludes by asking if formative assessment could become ‘educational’ in a more radical sense, if opportunities to focus on the contingencies and politics of our meaning-making were sometimes taken up more openly and dialogically with students, as opposed to formative assessment sitting in a instrumental relationship to a given curriculum. (shrink)

In his 2001 article 'Teaching to Lie and Obey: Nietzsche on Education', Stefan Ramaekers defends Nietzsche's concept of perspectivism against the charge that it is relativistic. He argues that perspectivism is not relativistic because it denies the dichotomy between the 'true' world and the 'seeming' world, a dichotomy central to claims to relativism. While Ramaekers' article is correct in denying relativistic interpretations of perspectivism it does not go far enough in this direction. In fact, the way Ramaekers makes his (...) case may actually encourage the charge of relativism, especially when it comes to his appropriation of perspectivism for education. This article proposes to pick up where Ramaekers left off. It will argue that Nietzsche's denial of the opposition between the 'true' world and the 'seeming' world opens up the possibility for the reestablishment of truth, albeit in a modified form. After examining Nietzsche's modified 'realist' epistemology, the paper will explore the implications of it for his philosophy of education. It will be argued that Nietzsche's educational philosophy is founded on his concept of perspectivism in so far as he demands that students be rigorously inculcated into a pedagogical framework that teaches students to discriminate between 'true' and 'false' perspectives. This framework is essential for the development of an intellectually robust and life-affirming culture. (shrink)

Political liberalism, conceived of as a response to the diversity of conceptions of the good in multicultural societies, aims to put forward a proposal for how to organize political institutions that is acceptable to a wide range of citizens. It does so by remaining neutral between reasonable conceptions of the good while giving all citizens a fair opportunity to access the offices and positions which enable them to pursue their own conception of the good. Public educational institutions are at the (...) center of the state’s attempt to foster both of these commitments. I argue that recent empirical research on the role that non-cognitive dispositions (such as assertiveness) play in enabling students to have access to two important primary goods – opportunities for higher education and desirable jobs – creates a distinctive challenge for a liberal egalitarian education in remaining neutral with respect to conceptions of the good while promoting equal opportunity. (shrink)

As a way of participating in the discussion on the disciplinary nature of philosophy of education, this article attempts to find another distinctive way of relating philosophy to education for the studies in philosophy of education. Recasting philosophical skepticism, which has been dismissed by Dewey and Rorty in their critiques of modern epistemology, it explores whether Cavell's romantic interpretation of it can allow us to conceive of skepticism as an exemplary practice of education, especially internal to (...) the learner. This opens up the possibility of viewing the disciplinary nature of philosophy of education as congenial to other humanities like literature or religious studies, rather than to social sciences as usually considered. (shrink)

Abstract In the United Kingdom and other western countries, spiritual and moral development are being used increasingly with reference to general education??albeit with diverse and conflicting interpretations of what education to promote such development means in practice. Despite the similarities, there appears to be something distinctive about what is happening in Britain at education policy level. The first part of this paper looks into this question and in particular at some of the ambiguities relating to the inspection (...) of schools? educational provisions for spiritual and moral development. The second part proposes a curriculum schema that might be used to give more coherence to a school's plans for promoting the spiritual and moral development of pupils. It includes reference to subjects whose content is directly concerned with the spiritual and moral; to the treatment of spiritual/moral issues in the general curriculum; and to the distinctive contribution that each learning area might be expected to contribute to students? personal development. (shrink)

Over the past decade, teaching and learning in virtual worlds has been at the forefront of many higher education institutions around the world. The DEHub Virtual Worlds Working Group (VWWG) consisting of Australian and New Zealand higher education academics was formed in 2009. These educators are investigating the role that virtual worlds play in the future of education and actively changing the direction of their own teaching practice and curricula. 47 academics reporting on 28 Australian higher (...) class='Hi'>education institutions present an overview of how they have changed directions through the effective use of virtual worlds for diverse teaching and learning activities such as business scenarios and virtual excursions, role-play simulations, experimentation and language development. The case studies offer insights into the ways in which institutions are continuing to change directions in their teaching to meet changing demands for innovative teaching, learning and research in virtual worlds. This paper highlights the ways in which the authors are using virtual worlds to create opportunities for rich, immersive and authentic activities that would be difficult or not possible to achieve through more traditional approaches. (shrink)

This paper is a philosophical analysis ofHeidegger and Nietzsche's approach tometaphysics and the associated problem ofnihilism. Heidegger sums up the history ofWestern metaphysics in a way which challengescommon sense approaches to values education.Through close attention to language, Heideggerargues that Nietzsche inverts thePlatonic-Christian tradition but retains theanthropocentric imposition of ‘values’. Ihave used Nietzsche's theory to suggest aslightly different definition of metaphysicsand nihilism which draws attention to theontological parameters of human truths as astruggle between competing sets of conflictingor contradictory values (perspectives) (...) thatopens space for rethinking and re-educatinghuman possibilities. How this openness willshow up in educational theory and practice isonly beginning to be evoked. The twophilosophers indicate an approach to issues ofmorality, decision making and knowledgeproduction which may surprise and disconcerttraditional views. As the forefathers ofpost-structuralist thinking, Nietzsche andHeidegger offer a critique of Humanism whileretaining the Renaissance tradition ofpositioning education as the well spring ofvalues in society. It is through the generationof new knowledges, the development of critiqueand the nurturing of character that societyreformulates itself in relation to the earth.The ethical evaluation of these new forms ofknowledge is crucial to the creative and caringregeneration of the human environment, asopposed to the corrosive adoption ofconsumerism and usury. (shrink)

Since the 1960s, the influence of economic thought on education has been steadily increasing. Taking Jean-Jacques Rousseau's educational thought as a point of departure, Tal Gilead critically inquires into the philosophical foundations of what can be termed the economic approach to education. Gilead's focus in this essay is on happiness and the role that education should play in promoting it. The first two parts of the essay provide an introduction to Rousseau's conception of happiness, followed by an (...) examination of the economic approach to education and the notion of human capital. In the course of this discussion, Gilead shows that increasing happiness is one of the economic approach's major aims. In the third part of the essay, he uses Rousseau's views to interrogate significant aspects of the economic approach to education. He then continues by highlighting some of the educational implications that stem from Rousseau's critique. Gilead maintains that Rousseau's ideas can provide valuable suggestions regarding how education might contribute to the promotion of happiness. The article concludes by proposing that while Rousseau's ideas on the matter should not necessarily be embraced, contemporary policymakers can learn some important lessons from them. (shrink)

Many in education suggest that to have studentsadopt healthy and active lifestyles, then theymust be offered meaning rich physical activityexperiences. This paper adds to thisconversation in two ways. First, this paperadds depth and richness to traditionalconceptualizations of the meaning in movement.In doing so, we interrogate the physical,cognitive and affective meaning that studentsmay derive from participation in movement.Second, this paper examines the role ofphysical activity in theme-based, integratedcurriculum. We highlight how physical activitycan be incorporated into theme-based units insubstantial and non-trivial (...) ways. (shrink)

It is a rather safe statement to claim that the social dimensions of the scientific process are accepted in a fair share of studies in the philosophy of science. It is a somewhat safe statement to claim that the social dimensions are now seen as an essential element in the understanding of what human cognition is and how it functions. But it would be a rather unsafe statement to claim that the social is fully accepted in the philosophy of mathematics. (...) And we are not quite sure what kind of statement it is to claim that the social dimensions in theories of mathematics education are becoming more prominent, compared to the psychological dimensions. In our contribution we will focus, after a brief presentation of the above claims, on this particular domain to understand the successes and failures of the development of theories of mathematics education that focus on the social and not primarily on the psychological. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

How a "right to die" may become a "coercive option".

Some philosophers have attempted to utilize the conceptual tools of ethics in order to understand epistemology. One instantiation of this understands justification in terms of having a certain kind of epistemic right, namely, a right to believe. In variations of this theme, some hold that justification involves having the authority to believe, or being entitled to believe. But by examining the putative analogies between different versions of rights and justification, I demonstrate that justification should not be understood as (...) having a right to believe. (shrink)

The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political power must be distributed (...) in ways against which there are no qualified objections. However, it is less intrinsically unjust than democracy with universal suffrage, and probably produces more just outcomes. Thus epistocracy is more just than democracy, even if not perfectly just. (shrink)

As drug testing has become increasingly used to maximize corporate profits by minimizing the economic impact of employee substance abuse, numerous arguments have been advanced which draw the ethical justification for such testing into question, including the position that testing amounts to a violation of employee privacy by attempting to regulate an employee's behavior in her own home, outside the employer's legitimate sphere of control. This article first proposes that an employee's right to privacy is violated when personal information (...) is collected or used by the employer in a way which is irrelevant to the terms of employment. This article then argues that drug testing is relevant and therefore ethically justified within the terms of the employment agreement, and therefore does not amount to a violation of an employee's right to privacy. Arguments to the contrary, including the aforementioned appeal to the employer's limited sphere of control, do not account for reasonable constraints on employee privacy which are intrinsic to the demands of the workplace and implicit in the terms of the employment contract. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral (...) pluralism (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

It is widely held that there is a legal right to privacy that plays such a central role in a number of important US Supreme Court decisions. There is however a great deal of dispute about whether there is a moral right to privacy and if there is, what grounds the right. Before this can be determined, we must be clear about the nature of privacy, something that is not clearly understood and that, as we shall see, (...) is often confused with the right to privacy. I shall begin with a critical discussion of various views about the nature of privacy. I shall then present my own account, and show how it meets the objections that have been raised against other views. Lastly, I shall close with a discussion about whether privacy is a moral right. (shrink)

This paper considers whether Rawls' theory of justice as fairness may be used to justify a human right to health care. Though Rawls himself does not discuss health care, other writers have applied Rawls' theory to the provision of health care. Ronald Green argues that contractors in the original position would establish a basic right to health care. Green's proposal, however, requires considerable relaxation of the constraints Rawls places on the original position and thus jeopardizes Rawls' arguments for (...) the two principles of justice. Norman Daniels claims that health care is best understood as a means for helping to achieve Rawls' goal of equality of fair opportunity. Daniels acknowledges, however, that his interpretation cannot justify a basic right to health care; rather, it would at best require that certain kinds of care be made available to certain kinds of individuals. Finally, in place of the notion of health care is a human right, it is suggested that the provision of health care is a social ideal which may inspire the creation of specific legal rights. On this view, social provision of health care may properly vary significantly from culture to culture. Despite this variability, social systems may still be criticized on moral grounds. Keywords: justice, right to health care, equality, fair opportunity CiteULike Connotea Del.icio.us What's this? (shrink)

Democratic instrumentalism is the combination of two ideas. One is instrumentalism regarding political arrangements: the form of government that ought to be instituted and sustained in a political society is the one the consequences of whose operation would be better than those of any feasible alternative. The second idea is the claim that under modern conditions democratic political institutions would be best according to the instrumentalist norm and ought to be established. “Democratic instrumentalism” is not a catchy political slogan apt (...) for car bumper stickers. To my knowledge people have never marched in solidarity under its banner. In fact it is a dreary political abstraction. Yet it has a lot going for it, morally, politically, and intellectually. This essay defends democratic instrumentalism.1 The democratic instrumentalist opposes the doctrine of the divine right of kings along with the idea that aristocrats are inherently more worthy than commoners and as such are uniquely entitled to rule. Striking a more controversial note, the democratic instrumentalist also opposes the suggestion that each adult person has a fundamental moral right to be admitted as a full member of some political society, entitled to run for office and vote (on a one person, one vote basis) in free elections that select the public officials in top government posts and directly or indirectly determine the content of the laws and policies that the government enforces on all members of the society. Call this the right to a democratic say.2 Here a moral right is an individual claim that others ought to honor. If one has a moral right, one is wronged if others do not honor it; a given right is constituted by specified duties that specified others are bound to fulfill. A fundamental moral right holds independently of social and political arrangements, cultural understandings, or people’s opinions. It also holds, at least to some degree, independently of the consequences that would ensue if it were upheld or not upheld.3 A fundamental moral right might be hedged with conditions.. (shrink)

As the basis for federal and state freedom of information laws, the legal idea of a public right to know has been a blessing. As the often-invoked moral justification for the press's right to publish, however, it is dangerous, because an unfettered right to know would result in restrictions on the press's right to determine what to publish. By acknowledging their moral responsibility to provide audiences with information based on their need to know, journalists can avoid (...) the hazards of arguing that an unrestricted public right to know is the foundation of press freedom. (shrink)

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

This article challenges the widespread contention - promoted by the World Health Organization, the U.N. Human Rights Commission, and certain non-governmental organizations - that health care should be regarded as an individual human right. Like other "post-modern" rights, the asserted individual right to health care is a positive claim on the resources of others; it is unlimited by corresponding responsibilities; and it pertains exclusively to the individual. In fact, an individual human right to health, enforceable against either (...) governments or corporations, does not currently exist in law. If established, such a right would portend a dramatic expansion of government control over health care, with negative consequences for efficiency and patient welfare. Voluntary efforts based on partnership, rather than the imposition of legal requirements, are the most productive means of expanding access to health care while preserving incentives for continued development of innovative health technologies. (shrink)

The language of rights is increasingly used to regulate access to health care and allocation of resources in the health care field. The right to health has been grounded on different theories of justice. Scholars within the liberal tradition have grounded the right to health care on Rawls's two principles of justice. Thus, the right to health care has been justified as being one of the basic liberties, as enabling equality of opportunity, or as being justified by (...) the maximin principle. In this article, Filc analyzes—from a radical egalitarian standpoint—the limitations of the different attempts to ground an equal right to health on Rawls's theory of justice and offers a first approximation to a radical egalitarian formulation of the right to health. (shrink)

In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and eligible (...) for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)

One challenge to the idea that animals have a moral right to life claims that any such right would require us to intervene in the wild to prevent animals from being killed by predators. I argue that belief in an animal right to life does not commit us to supporting a program of predator-prey intervention. One common retort to the predator challenge contends that we are not required to save animals from predators because predators are not moral (...) agents. I suggest that this retort fails to overcome the predator challenge. I seek to articulate a more satisfactory argument explaining why we are not required to save wild prey from predators and how this position is perfectly consistent with the idea that animals have a basic right to life. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend (...) to result either in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

In the United States, amid the fractious politics of attempting to achieve something close to universal access to basic health care, two impressions are likely to feed skepticism about the status of a right to universal access: the moral principles that underlie any right to universal access may seem incredibly "ideal," not well rooted in the society's actual fabric, and the necessary practical and political attempts to limit the scope of universally accessible care to make its achievement realistic (...) may seem marked less by moral rhyme and reason than by the pull of conflicting interests. I try to directly dispel the first of these impressions and to obliquely question the second. The immense political barriers to .. (shrink)

How far does the democratic right to protest go? This issue is squarely raised by the announcement that the Government will introduce new measures to curb protests by animal advocates opposed to experiments conducted at Huntingdon Life Sciences, a major animal testing company.

This paper discusses privacy and the monitoring of e-mail in the context of the international nature of the modern world. Its three main aims are: (1) to highlight the problems involved in discussing an essentially philosophical question within a legal framework, and thus to show that providing purely legal answers to an ethical question is an inadequate approach to the problem of privacy on the Internet; (2) to discuss and define what privacy in the medium of the Internet actually is; (...) and (3) to apply a globally acceptable ethical approach of international human rights to the problem of privacy on the Internet, and thus to answer the question of what is and is not morally permissible in this area, especially in light of recent heightened concerns about terrorist activities. It concludes that the monitoring of e-mail is, at least in the vast majority of cases, an unjustified infringement of the right to privacy, even if this monitoring is only aimed at preventing the commission of acts of terrorism. (shrink)

Intellectual property typically involves claims of ownership of types, rather than particulars. In this article I argue that this difference in ontology makes an important moral difference. In particular I argue that there cannot be an intrinsic moral right to own intellectual property. I begin by establishing a necessary condition for the justification of intrinsic moral rights claims, which I call the Rights Justification Principle. Briefly, this holds that if we want to claim that there is an intrinsic moral (...) right to φ, we must be able to show that (a) violating this right would typically result in either a wrongful harm or other significant wrong to the holder of the right, and (b) the wrongful harm or other wrong in question is independent of the existence of the intrinsic right we are trying to justify. I then argue that merely creating a new instance of a type is not the kind of action which can wrongfully harm the creator of that type. Insofar as there do seem to be wrongs involved in copying a published poem or computer program, these wrongs presuppose the existence of an intrinsic right to own intellectual property, and so cannot be used to justify it. I conclude that there cannot be an intrinsic right to own intellectual property. (shrink)

Individuals have a prima facie right to own firearms. This right is significant in view both of the role that such ownership plays in the lives of firearms enthusiasts and of the self-defense value of firearms. Nor is this right overridden by the social harms of private gun ownership. These harms have been greatly exaggerated and are probably considerably smaller than the benefits of private gun ownership. And I argue that the harms would have to be at (...) least several times greater than the benefits in order to render gun prohibition permissible. (shrink)

As knowledge increases about the human genome,prenatal genetic testing will become cheaper,safer and more comprehensive. It is likelythat there will be a great deal of support formaking prenatal testing for a wide range ofgenetic disorders a routine part of antenatalcare. Such routine testing is necessarilycoercive in nature and does not involve thesame standard of consent as is required inother health care settings. This paper askswhether this level of coercion is ethicallyjustifiable in this case, or whether pregnantwomen have a right (...) to remain in ignorance ofthe genetic make-up of the fetus they arecarrying. While information gained by genetictesting may be useful for pregnant women whenmaking decisions about their pregnancy, it doesnot prevent harm to future children. It isargued that as this kind of testing providesinformation in the interests of the pregnantwomen and not in the interests of any futurechild, the same standards of consent that arenormally required for genetic testing should berequired in this instance. (shrink)

In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be (...) derived from a right to have rights. The quest for institutional solutions for a timely migration and asylum policy will rather enhance the discourses on the self-understanding of liberal democracies. With a critical eye on German asylum legislation and legal practice, the author contends that it will be a task of any co-ordinated European right of asylum to define political persecution in relation to the first dimension of human rights in order to differentiate the right of asylum from immigration legislation. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal (...) state should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

In their celebrated essay “The Right to Privacy,” Samuel Warren and Louis Brandeis identify as the generic privacy value “the right to be let alone.”1 This same phrase occurs in Louis Brandeis’s dissent in Olmstead v. U.S.2 This characterization of privacy has been found objectionable by philosophers acting as conceptual police. For example, William Parent asserts that one can wrongfully fail to let another person alone in all sorts of ways such as assault that intuitively do not qualify (...) as violations of privacy and thus cannot be violations of the right to privacy. (shrink)

The basic income proposal provides everyone in a society, as an unconditional right, with access to a certain level of income. Introducing such a right is bound to raise questions of institutional feasibility. Would it lead too many people to opt out of the workforce, for example? And even if it did not, could a constitution that allowed some members of the society to do this – at whatever relative cost – prove acceptable in a society of mutually (...) reciprocal, equally positioned members? I assume in this short essay, however, that none of these problems is insurmountable. I concentrate on the question of how far republicanism makes room for justifying something like a right to basic income, assuming that there are no problems of this kind with introducing and establishing such a right. Any satisfactory argument for a basic income should satisfy two desiderata. First is that of adequacy: the argument should establish a right to an intuitively.. (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)

The article undertakes to develop a theory of privacy considered as a fundamental moral right. The authors remind that the conception of the right to privacy is silent on the prospect of protecting informational privacy on consequentialist grounds. However, laws that prevent efficient marketing practices, speedy medical attention, equitable distribution of social resources, and criminal activity could all be justified by appeal to informational privacy as a fundamental right. Finally, the authors show that in the specter of (...) terrorism, privacy can be conceived as a fundamental moral right, one that is completely consistent with the willingness to submit for surveillance of private lives. (shrink)

Immigration restrictions violate the prima facie right of potential immigrants not to be subject to harmful coercion. This prima facie right is not neutralized or outweighed by the economic, fiscal, or cultural effects of immigration, nor by the state’s special duties to its own citizens, or to its poorest citizens. Nor does the state have a right to control citizenship conditions in the same way that private clubs may control their membership conditions.

Liberal articulations of the right to die generally focus on balancing individual rights against state interests, but this approach does not take full advantage of the disruptive potential of this contested right. This article develops an alternative to the liberal approach to the right to die by engaging the seemingly discordant philosophical perspectives of Michel Foucault and Thomas Hobbes. Despite Foucault’s objections, a rapprochement between these perspectives is established by focusing on their shared emphasis on the (...) role that death plays in the order of modernity. After the article has established the complementarity of Foucault and Hobbes, Hobbes’ unique stance toward suicide is first viewed in the context of the early-modern hostility toward suicide, and then contrasted with Foucault’s Stoic-inspired affirmation of suicide. This comparison of these two philosophers’ positions on suicide opens to contestation dimensions of modern subjects that remain undisturbed by liberal approaches to the right to die Key Words: bio-power • Michel Foucault • governmentality • Thomas Hobbes • liberalism • right to die • self-preservation • Seneca • Stoicism • suicide. (shrink)

This paper examines two models of thinking relating to the issue of the right to die in dignity: one takes into consideration the rights and interests of the individual; the other supposes that human life is inherently valuable. I contend that preference should be given to the first model, and further assert that the second model may be justified in moral terms only as long as it does not resort to paternalism. The view that holds that certain patients are (...) not able to comprehend their own interests in a fully rational manner, and therefore ‘we’ know what is good for these patients better than ‘they’ do, is morally unjustifiable. I proceed by refuting the ‘quality of life’ argument, asserting that each person is entitled to decide for herself when it is worth living and when it is not. In this connection, a caveat will be made regarding the role of the family. (shrink)

The vast majority of philosophers and legal theorists who have thought about the issue agree that there is such a thing as a moral right to privacy. However, there is little or no theoretical consensus about the nature of this right. According to reductionists, the right to privacy amounts to nothing more than a cluster of property rights and rights over the person, and therefore plays no autonomous explanatory role in moral theory (Thomson 1975, Davis 1959). Among (...) non-reductionists, there are almost as many accounts of the right to privacy as there are synagogues in the old town of Jerusalem. For one group of non-reductionists (perhaps the majority), the right to privacy is properly understood as a right of control, a form of autonomy. Within this group, some think that the right to privacy is the right to control information about oneself (Westin 1967, Beardsley 1971, Gerstein 1978, Fried 1970, Moore 2003), while others insist that it is the right to control access to oneself (Parker 1974, Scanlon 1975, Rachels 1975, Reiman 1976, Van den Haag 1971). For another group of non-reductionists, the right to privacy is the right to cognitive and/or physical inaccessibility (Gavison 1980, Garrett 1974, Allen 1988). Though these are by far the most widely adopted non-reductionist accounts of the relevant right, they are by no means the only ones currently on offer. There are hybrid accounts according to which the right to privacy is a cluster of various rights of control (Inness 1992) or a cluster of various rights of control and restricted access (DeCew 1997). And according to an influential “information-based” account, the right to privacy 1 is defined as the right that others not possess undocumented personal information about the right-holder (Parent 1983a; 1983b). The purpose of this paper is to bring some order to this theoretical chaos. On my view, none of these accounts of the right to privacy is accurate.. (shrink)

A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling (...) beneath the threshold has a legitimate claim to justice. People’s entitlements to health care should not be determined on the basis of brute luck and their efforts to maintain healthy lifestyles. The prioritization of competing claim-rights of individuals is guided by two allocation principles: number and benefit-size weighted sufficiency (among people beneath the threshold) and need-weighted utilitarianism (among people above the threshold). (shrink)