In today’s digital societies, it has become very difficult for people to exercise meaningful control over what and how data is collected and used. McCoy and colleagues (2023) seek to address this p...

The condition of liberty which Sen used in his famous theorem on the impossibility of the Paretian liberal was defined in terms of individual preferences. The preference-based approach has been the subject of much criticism, which led to the evolution of the game-theoretic analysis of rights. In this approach no references to individual preferences are made. Two questions are examined in this paper: how can different types of right be distinguished within a game-theoretic setting, and how do (...) rights come into existence? These questions are addressed on the basis of ideas originating from legal theory The discussion shows that an analysis of rights should take account of the whole legal system of which a legal norm forms part. Furthermore, it reveals that preferences should be re-introduced into the formal study of individual rights. (shrink)

We live today in the first global system of sovereign states in history, encompassing all of the world's polities, peoples, religions and civilizations. Christian Reus-Smit presents a new account of how this system came to be, one in which struggles for individual rights play a central role. The international system expanded from its original European core in five great waves, each involving the fragmentation of one or more empires into a host of successor sovereign states. In the most (...) important, associated with the Westphalian settlement, the independence of Latin America, and post-1945 decolonization, the mobilization of new ideas about individual rights challenged imperial legitimacy, and when empires failed to recognize these new rights, subject peoples sought sovereign independence. Combining theoretical innovation with detailed historical case studies, this book advances a new understanding of human rights and world politics, with individual rights deeply implicated in the making of the global sovereign order. (shrink)

Whether the US Constitution guarantees a right to conduct scientific research is a question that has never been squarely addressed by the United States Supreme Court. Similarly, the extent to which the First Amendment protects the right to communicate the results of scientific research is an issue about which there is scant judicial authority. This article suggests that a crucial guidepost for exploring both these uncharted areas of constitutional law should be whether restrictions on scientific research or communication truly implicate (...) fundamental individual rights or instead primarily concern issues of general social welfare—issues that in a democracy are properly decided by the representative branches of government or their delegates, not by the judiciary. (shrink)

In this article, I offer an outline of the papers comprising the special issue. I also provide a brief overview of its topic, namely, the friction between cyber security measures and individual rights. I consider such a friction to be a new and exacerbated version of what Mill called ‘the struggle between liberties and authorities,’ and I claim that the struggle arises because of the involvement of public authorities in the management of the cyber sphere, for technological and (...) state power can put individual rights, such as privacy, anonymity and freedom of speech, under sharp devaluating pressure. Finally, I conclude by stressing the need to reach an ethical balance to fine-tune cyber security measures and individual rights. (shrink)

Jane Addams, Florence Kelley, and second-generation Hull House activist Grace Abbott were at the forefront of a reconstruction of early twentieth-century American democracy. They worked to reframe U.S. political democracy, expanding its focus beyond individual rights to caring for the social community. The movement away from laissez-faire government toward state and federal legislation protecting children, women, and workers was often halting, sometimes stymied by public opposition, and other times blocked by Supreme Court decisions. Grace Abbott’s social and political (...) philosophy demonstrated her training in law and political science and was influenced by her direct engagement with her Hull House neighbors. Abbott was a skilled social science researcher who saw public research as a way of crossing and blurring epistemological class boundaries, creating pathways for the general population to understand the burdens others faced. Through her leadership of the Immigrants’ Protective League and the Children’s Bureau, Abbott argued that the democratic state should be responsible for extending legislative protections into the social and industrial realms to protect vulnerable and dependent populations. Her work was essential to the continuing evolving supportive structures of governmental programs and social safety nets that are taken for granted by many Americans today. (shrink)

Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm, and the distinction between natural moral rights and positive legal ones—in an (...) examination of what makes torture wrong and when. Dissenting from the views of Jeremy Waldron and Jean Porter, the article concludes that a positive legal right against torture and aggressive interrogation should be granted—even though morally right cases of the latter might occur. (shrink)

PurposeThe purpose of this paper is to examine the risk arising from technological devices, such as closed circuit television and nuclear power plants and the consequent effect on the rights to privacy and security of individuals.Design/methodology/approachThe paper presents critical and conceptual analyses of CCTV, nuclear power plants and the rights of individuals. It also analyses how communitarianism and liberal individualism would respond to right‐infringements and risk‐imposition. It draws on W.D. Ross's prima facie and actual duties to explain the (...) pre‐eminence of duty when certain duties conflict in a bid to improve technology.FindingsThe paper discovers the importance of rights to individuals, particularly the rights to privacy and security. It shows that, in some situations, government's duty to respect the right to the privacy of individuals conflicts with the duty to provide public goods, such as CCTV. The paper, therefore, stresses that one duty has greater moral force than the other. In essence, the more incumbent duty can be employed by government in justifying right‐infringement and risk‐imposition, though this does not disvalue the rights of individuals.Originality/valueThe paper offers insight into ways of addressing questions such as: when is it morally acceptable or justifiable to expose others to risk? When is infringement on people's rights permissible? Also, the paper is relevant to those in the areas of ethics and technology because it offers an ethical analysis of risk‐imposition and right‐infringement by examining how ethical theories, such as communitarianism and liberal individualism, would assess risks resulting from CCTV and nuclear energy. It argues that consent is not enough to justify risk‐imposition and right‐infringement. It concludes by drawing on W.D. Ross's prima facie and actual duties as a means of justifying risk‐imposition and right‐infringement by government. (shrink)

In his lectures on ethics and on the state Schleiermacher develops a theory of a limited communitarian state, one that purports to balance individual interests and rights with the more general aims...

Drawing on insights of thinkers in the natural rights tradition, Draper analyzes numerous hypothetical cases including those involving a runaway trolley, then seeks to determine if killing civilians in war is ever justified. In his consideration of this issue he avoids appealing to the principle of double effect. Having considered hypothetical cases at length, he leaves it to others to decide if any option to go to war is justifiable. In this regard he himself is sceptical.

The theory and practice of liberalism has historically justified the dispossession of non-European peoples through the ideological deployment of individual rights—private property being the most prominent. Rather than discarding rights language altogether owing to its colonialist background, the theological option for the poor in the postconciliar Church of Latin America establishes a criterion of authenticity that contributes to its prophetic renewal. The methodological turn toward the poor evident in the liberation theology of Ignacio Ellacuría can wrest (...) class='Hi'>rights from its crippling association with political, economic, and cultural forms of liberal domination as seen in the Americas. Latin American theologians provide historical and constructive resources for demythologizing the sacred right to private property in liberalism’s neocolonial present and historical past, as typified by John Locke. Specifically, the theme of integral liberation outlines the material, social, and transcendent dimensions of justice for the dispossessed as an ecclesial alternative to liberal individualism. (shrink)

Whereas in the 1970s early bioethicists believed that bioethics is an arena for the application of philosophical theories of utilitarianism, deontology, and natural law thinking, contemporary policy-oriented bioethicists seem rather to be keen on framing ethical issues through political ideologies. Bioethicists today are often labeled “liberal” or “communitarian,” referring to their different understandings of the relationship between the individual and society. Liberal individualism, with its conceptual base of autonomy, dignity, and privacy, enjoyed a long period of dominance in bioethics, (...) but it has increasingly come under attack from ideologies promoting a more salient role for concepts of solidarity, community, and public interest. (shrink)

This is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Areas covered include The implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, The right to bear arms, The right against unreasonable searches, The right against self-incrimination, The right to trial by jury, The right against (...) cruel and unusual punishment, including capital punishment. The focus of these papers is both theoretical and empirical, examining how economics can illuminate the entire sequence of crime and punishment, from the decision to commit a crime, to police methods for apprehending and arresting criminals, to the rules used in trials to the scope of punishment for the convicted. (shrink)

Deepfake technology can be used to produce videos of real individuals, saying and doing things that they never in fact said or did, that appear highly authentic. Having accepted the premise that Deepfake content can constitute a legitimate form of expression, it is not immediately clear where the rights of content producers and distributors end, and where the rights of individuals whose likenesses are used in this content begin. This paper explores the question of whether it can be (...) plausibly argued that Deepfake content involving the likenesses of real individuals violates the rights of these individuals. (shrink)

When historians of the future come to study our times, rich in contradictions, revolutionary achievements, and possibilities, their attention will unquestionably be attracted by one phenomenon that is, at first view, totally paradoxical: if one is to believe the capitalist mass information media, the ruling circles of the imperialist countries, it appears, had no more urgent business than concern for "human rights.".

Medieval discussions on rights. Bonaventure -- Godfrey of Fontaines -- Peter John Olivi -- Hervaeus Natalis -- William Ockham -- Richard Fitzralph -- Jean Gerson -- Antoninus of Florence -- The right of the individual. Right as power -- Right as dominion -- Right as a relation -- The species of dominion. The six-fold dominion -- Natural dominion -- Property rights. Justification of private property -- The rights of use (usus) and usufruct (usufructus) -- Ownership (proprietas) (...) and possession (possessio). (shrink)

This meticulously constructed book is as hard to review as would be a comparably cerebral science fiction novel the plot and characters of which have few ties to its readers' lived world. Yet it is intended to apply straightforwardly to the world in which we live and move and fight our wars. For philosopher Kai Draper seeks no less lofty a goal than to lay out the standards whereby to determine what harm done to innocents in a war is ethical (...) and what harm done to them in war is not ethical. (shrink)