Rights

The issue of justice in housing is rarely discussed in political philosophy. Yet, housing crises such as that currently faceSd by the UK highlight the importance of work in this area. In this article, I address the issue of housing justice by defending a basic right to housing. The right is in the first instance specific to a particular context, that of a Western liberal society. I defend a positive right to exercise a set of property rights called ‘lease rights’ (...) over a self-contained living space of a certain standard, for a minimum term of 3 years. An important feature of this right is that it is a right to live alone. Where individuals have to live in communal housing because they lack the resources to do otherwise, their basic rights are violated. The account provides a distinctive understanding of how a government’s housing policy can fail its citizens. (shrink)

Le rapport issu de la commission Bouchard-Taylor qualifie la laïcité qui s’est implantée au Québec comme étant « plus libérale que républicaine », car elle permet à tous les citoyens « d’exprimer leurs convictions religieuses dans la mesure où cette expression n’entrave pas les droits et libertés d’autrui ». Les régimes républicains y sont présentés comme ceux qui refoulent les différences ethnoculturelles, « en les laissant en marge », tandis que le multiculturalisme accorderait une place prioritaire à la diversité. Dans (...) cet essai, je présente la relation entre le républicanisme et le multiculturalisme sous un éclairage différent. (shrink)

Consider the following claim: given the choice between saving a life and preventing any number of people from temporarily experiencing a mild headache, you should always save the life. Many moral theorists accept this claim. In doing so, they commit themselves to some form of ‘moral absolutism’: the view that there are some moral considerations that cannot be outweighed by any number of lesser moral considerations. In contexts of certainty, it is clear what moral absolutism requires of you. However, what (...) does it require of you when deciding under risk? What ought you to do when there is a chance that, say, you will not succeed in saving the life? In recent years, various critics have argued that moral absolutism cannot satisfactorily deal with risk and should, therefore, be abandoned. In this paper, we show that moral absolutism can answer its critics by drawing on—of all things—orthodox expected utility theory. (shrink)

How do journalists sort out the tangle of legal rights and ethical responsibilities in their everyday news work? A survey of 1,037 journalists and in-depth interviews with 22 others, found substantial evidence for 3 models of the relation of law and ethics: a Separate Realms model, a Correspondence model, and a new "Responsibility Model" in which the law is considered in problematic situations but only as one of several considerations in what is essentially an ethical decision. The findings have implications (...) for the maintenance of generous levels of First Amendment freedom news media currently enjoy. (shrink)

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...) his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (shrink)

The justification of the existence of the state should precede the justification of any particular organization of the state. The paper tries to give a clear argument facing anyone who sets out to do the first thing, which is to justify the existence of the state. The problem facing such a person is to identify which premise of the argument is false and explain why it is false.

Over the last thirty years, personal debt loads have increased dramatically. Lower income earners borrow money to purchase basic goods and services, so their debt is frequently non-discretionary. The impact of non-discretionary personal debt on debtors can be as, if not more, harmful than government regulations that have been declared unconstitutional. In this regard, the impact of personal debt is tantamount to the impact of a civil rights violation. What separates the impact of unconstitutional state action from that of personal (...) debt is the assumption that only the latter are the result of consensual transactions. Consent, however, is not a dyadic phenomenon, it exists in gradations. The quality of consent is weakened when the agent is making choices in response to pressures, and the empiricalquestion of the extent to which a consent transaction is unforced is distinct from the normative question of whether a transaction is legitimate, or fair. It is necessary to devise a new taxonomy of language to clearly distinguish the empirical and normative questions. This elucidates the fact that lower income people are under more pressure to borrow money than are upper income individuals to pay progressive rates of income tax. To argue that the latter are ‘coerced,’ is to admit that the low income individual’s decision to borrow is similarly forced. This admission suggests that a significant portion of citizens of market-based economies are being forced to endure harms tantamount to civil rights violations. The admission also suggests that free markets harbour forces that undermine individual autonomy, and the absence of corrective state regulation exacerbates the problem. (shrink)

Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This report (...) sets out some possible approaches, and describes some of the ways government is already engaging with these issues. (shrink)

(752 pages) This book provides a comprehensive treatment of such major social issues as computer crime, intellectual property rights, privacy, free speech, access, and work from both an American point of view as well as those of other countries. New material in the Third Edition includes a description of the long antitrust proceedings against Microsoft, issues related to the downloading of music and video files, attempts to control controversial content on the Internet, increasingly dangerous viruses and worms, and security issues (...) following the terrorist events of September 11, 2001. Computer applications in such areas as business, medicine, education, and government are critically reviewed with respect to their related social implications. The opening three chapters include a brief history of computers and computation and a discussion of the role of technology in contemporary society. The book concludes with an overview of issues related to ethics and professionalism for computer scientists. -/- KEY FEATURES: * Presents comprehensive coverage of important social issues related to computers and the Internet * Covers Internet security issues post 9/11 * Discusses intellectual property issues related to downloading music and video files * Outlines free speech issues related to Internet content * Discusses increasing threats to individual privacy of Internet users * Covers possible ethical challenges for computer scientists * Includes a critical examination of computer applications and associated social implications. (shrink)

Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates rights. The (...) main thread running throughout the article is that what counts as a legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the proper object of democratic deliberation. (shrink)

This book, first published in 2001, makes a major contribution to the theory and practice of human rights, engaging in particular with the 'Asian values' debates of the 1990s. It is especially concerned with the tension between a universal regime of human rights and its ability to accommodate diversity. Incorporating original fieldwork from Malaysia, Singapore and Indonesia, the book also draws out the significance of Southeast Asian developments for international human rights discourse. The book advances beyond the stalemate that the (...) 'Asian values' debate has reached, developing an intermediary stance between the competing claims of universalism and relativism. Drawing on the work of Cass Sustein and Chantal Mouffe, the theoretical contribution of the book will ensure its interest to readers with an interest in human rights. This book is a definitive account of contemporary political discussions of human rights in Southeast Asia and an important contribution to the development of human rights. (shrink)

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and (...) individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights. (shrink)

Claiming rights against one another is a perfectly familiar phenomenon. We express the elementary thought you cannot do that to me in a variety of ways. And yet, in spite of the perfect familiarity of this phenomenon, the two standard philosophical theories of rights face notorious difficulties in accounting for it. My aim in this paper is to introduce a distinctive, second-personal account of rights. I will call this the independence theory of rights, the view that rights are specifications of (...) a basic right to independence against another. And I will argue that by taking as basic the second-personal thought you cannot do that to me the independence theory best illuminates the basic phenomenon of having rights against one another. (shrink)

This article explores rights-based approaches to protecting disabled people against inequities in access to health care services. Understanding health care as a human right, as is found in the UN Convention on the Rights of People with Disabilities (CRPD), fails to provide theoretical machinery for responding to certain pressing challenges. An alternative account, understanding health care as a civil right, proves more promising. This latter approach then is applied to the right to health care under the U.S. Affordable Care Act (...) (ACA), which contains provisions that could be antithetical to, and thus fail to comply with, the nondiscrimination standard of meaningful access to health care benefits. (shrink)

My goal in this paper is to advance a long-standing debate about the nature of moral rights. The debate focuses on the questions: In virtue of what do persons possess moral rights? What could explain the fact that they possess moral rights? The predominant sides in this debate are the status theory and the instrumental theory. I aim to develop and defend a new instrumental theory. I take as my point of departure the influential view of Joseph Raz, which for (...) all its virtues is unable to meet the challenge to the instrumentalist that I will address: the problem of justifying the enforcement of rights. I then offer a new instrumental theory in which duties are grounded on individuals’ interests, and individuals rights exist in virtue of the duties owed to them. I argue that my theory enables the instrumentalist to give the right sort of justification for enforcing rights. (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)

In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so (...) is explained, and the implications of this position regarding the relation between rights and duties is explored. (shrink)