Arendt was famously dismissive of the work of psychologists, claiming that they did nothing more than reveal the pervasive ugliness and monotony of the psyche. If we want to know who people are, she argued, we should observe what they do and say rather than delving into the turmoil of their inner lives; if we want to understand humanity, we would be better off reading Oedipus Rex than hearing about someone’s Oedipus complex. The rejection has a certain coherence in the (...) context of her understanding of public life as the realm of appearance and opinion, but examining it through the specific question of ugliness complicates that understanding. While beauty invites us to contemplate the world and admire it, ugliness repels our attention and sows the seed of a worry that the world might not want to be known. Working with Eichmann in Jerusalem, The Life of the Mind: Thinking, the Kant lectures and a striking Denktagebuch entry in which she reacts with revulsion to Matisse’s Heads of Jeannette, I argue that Arendt’s response to the ugly psyche requires a re-examination of the sensus communis. If the psyche does not want to be known, and if not all points of view are open to imaginative occupation, the ideal and practice of enlarged mentality must reckon with a right to opacity. (shrink)

The central claim of this essay is that Édouard Glissant’s concept of “opacity” is most fruitfully understood not as a built-in protection of a population or as a summary term for cultural difference, but rather as a political accomplishment. That is, opacity is not a given but an achievement. Taken up in this way, opacity is relevant for ongoing decolonial work today.

In an analysis of artificially intelligent systems for medical diagnostics and treatment planning we argue that patients should be able to exercise a right to withdraw from AI diagnostics and treatment planning for reasons related to (1) the physician’s role in the patients’ formation of and acting on personal preferences and values, (2) the bias and opacity problem of AI systems, and (3) rational concerns about the future societal effects of introducing AI systems in the health care sector.

It is one thing to consider what human rights have been and another to inquire into what they could be. In this essay, I present a history of human rights vis-à-vis decolonization. I follow the scholarship of Samuel Moyn to suggest that human rights presented a “moral alternative” to political utopias. The question remains how to politicize the moral energy around human rights today. I argue that defending what Édouard Glissant calls a “right to opacity” could politicize the (...) ethical energy around human rights today. Glissant’s right to opacity outlines a blueprint for the praxis of human rights to shift from a “functional model” to a “critical model,” to use Enrique Dussel’s distinction. My ultimate aim is to show how social movements around human rights and decolonization could converge today. (shrink)

In her astute study of contemporary Arab women writers, Anastasia Valassopoulos begins by noting the pitfalls of much existing criticism of writers such as El Saadawi and Djebar in the West. Citing Amal Amireh’s article on the fraught history of the reception of El Saadawi in Egypt and in Europe, Valassopoulos comments that Arab women’s literature tends to be seen as ‘documentary’, and this obscures the ‘core issue of representation’ as it is explored and challenged by women writers. In the (...) face of this omission, the present article explores a selection of works by El Saadawi and Djebar from an aesthetic perspective. El Saadawi and Djebar use literary writing as a means to escape the constraints placed upon them by patriarchy, as well as by colonialism, and uphold creativity and poetry as a possible release from imprisonment. This article also uses Glissant’s and Bhabha’s concepts of literary opacity and the right to narrate as a partial framework for a reading of the relation between writing, freedom and aesthetic form in the works of El Saadawi and Djebar. El Saadawi and Djebar purposefully deploy a form of self-effacement, both in their autobiographical representations and in their portraits of female characters, also akin to Trinh Minh-ha’s strategy in Woman, Native, Other. Minh-ha’s dissemination of the writing voice, and the affirmation of collective solidarity between multiple but internally fragmentary feminist positions, serves, then, as a further theoretical backdrop for El Saadawi’s and Djebar’s use of opacity and the right to narrate as tools in an active feminist resistance to sexist and racist discourses. Both El Saadawi and Djebar use their writing to conceive women’s liberation from various forms of imprisonment, and they figure women’s fractured, convoluted and at times opaque self-expression as a direct form of resistance to both patriarchal and colonial oppression. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

According to some philosophers, when introspectively attending to experience, we seem to see right through it to the objects outside, including their properties. This is called the transparency of experience. This paper examines whether, and in what sense, emotions are transparent. It argues that emotional experiences are opaque in a distinctive way: introspective attention to them does not principally reveal non-intentional somatic qualia but rather felt valenced intentional attitudes. As such, emotional experience is attitudinally opaque.

In this article, I briefly sketch the “right to opacity” that Édouard Glissant details in Poetics of Relation and situate it as an ethical imperative with Simone de Beauvoir’s Ethics of Ambiguity, contrasting the distinctive contributions of opacity and ambiguity toward ethical-political living. I apply the principles of opacity and ambiguity toward one of Beauvoir’s most political and only co-written works, Pour Djamila Boupacha. I argue that the polyvalent use of the Islamic veil during the Algerian (...) War for Independence reveals the ethical application of opacity and ambiguity. Additionally, the veil clarifies the political stakes of gendered assumptions and racial hierarchy across geographies, positing a false body neutrality that obfuscates the violent global War on Terror. (shrink)

Several philosophical issues in connection with computer simulations rely on the assumption that results of simulations are trustworthy. Examples of these include the debate on the experimental role of computer simulations :483–496, 2009; Morrison in Philos Stud 143:33–57, 2009), the nature of computer data Computer simulations and the changing face of scientific experimentation, Cambridge Scholars Publishing, Barcelona, 2013; Humphreys, in: Durán, Arnold Computer simulations and the changing face of scientific experimentation, Cambridge Scholars Publishing, Barcelona, 2013), and the explanatory power of (...) computer simulations :277–292, 2008; Durán in Int Stud Philos Sci 31:27–45, 2017). The aim of this article is to show that these authors are right in assuming that results of computer simulations are to be trusted when computer simulations are reliable processes. After a short reconstruction of the problem of epistemic opacity, the article elaborates extensively on computational reliabilism, a specified form of process reliabilism with computer simulations located at the center. The article ends with a discussion of four sources for computational reliabilism, namely, verification and validation, robustness analysis for computer simulations, a history of successful implementations, and the role of expert knowledge in simulations. (shrink)

With regard to organ donation, Germany is an ‘opt-in’ country, which requires explicit consent from donors. The relatives are either asked to decide on behalf of the donors’ preferences, if these are unknown or if the potential donor has explicitly transferred the decision to them. At the core of this policy lies the sociocultural and moral premise of a rational, autonomous individual, whose rights require legal protection in order to guarantee a voluntary decision. In concrete transplantation practices, the family plays (...) an even more important role. Potential donors and their families decide while being embedded in relations, a point which does still not gain full recognition. This particular discrepancy between policy and practice creates conflicts, which remain taboos of academic inquiry and public discourse. Our analysis shows a plurality of the family’s role in the transplantation process, which reveals an inner tension of the organ donation system. This tension provokes epistemic opacity on the one hand and different collective strategies as responses to discursive exclusion on the other. In future deliberations about organ donation, it is important to create spaces for open discussion, but also practices of communicative engagement, which take care of the needs and emotions attached to taboos. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In this paper we analyse the conditions for attributing to AI autonomous systems the ontological status of “artificial moral agents”, in the context of the “distributed responsibility” between humans and machines in Machine Ethics (ME). In order to address the fundamental issue in ME of the unavoidable “opacity” of their decisions with ethical/legal relevance, we start from the neuroethical evidence in cognitive science. In humans, the “transparency” and then the “ethical accountability” of their actions as responsible moral agents is (...) not in contradiction with the unavoidable “opacity” (unawareness) of the brain process by which they perform their moral judgements on the right action to execute. In fact, the moral accountability of our actions depends on what is immediately before and after our “moral judgements” on the right action to execute (formally, deontic first order logic (FOL) decisions). I.e., our moral accountability depends on the “ethical constraints” we imposed to our judgement before performing it in an opaque way. Anyway, our moral accountability depends overall on the “ethical assessment” or explicit “moral reasoning” after and over the moral judgement before executing our actions (deontic higher order logic (HOL) assessment). In this way, in the light of the AI “imitation game”, the consistent attribution of the status of ethically accountable artificial moral agents to autonomous AI systems depends on two similar conditions. Firstly, it depends on the presence of “ethical constraints” to be satisfied in their Machine Learning (ML) supervised optimization algorithm during its training phase, to give the system ethical skills (“competences”) in its decisions. Secondly – and definitely—, it depends on the presence in an AI autonomous system of a deontic HOL “ethical reasoner” to perform an automatic, and fully transparent assessment (metalogical deontic valuation) about the decisions taken by the ethically skilled ML algorithm about the right action to execute, before executing it. Finally, we show that the proper deontic FOL and HOL for this class of artificial moral agents is Kripke’s modal relational logic, in its algebraic topological formalization. This is naturally implemented in the dissipative QFT unsupervised deep learning of our brains, based on the “doubling of the degrees of freedom” (DDF), and then in the so-called “deep-belief” artificial neural networks for the statistical data pre-processing. This unsupervised learning procedure is also compliant with the usage of the “maximin fairness principle”, used as a balancing aggregation principle of the statistical variables in Sen’s formal theory of fairness. (shrink)

The literature on the wrong kind of reason problem largely assumes that such reasons pose only a theoretical problem for certain theories of value rather than a practical problem. Since the normative force of the canonical examples is obvious, the only difficulty is to identify what reasons of the right and wrong kind have in common without circularity. This chapter argues that in addition to the obvious WKRs on which the literature focuses, there are also more interesting WKRs that (...) do not overtly refer to the advantages of having some evaluative attitude. Instead they refer to features of the object that bear on the propriety of having certain attitudes toward it. What is interesting about these cases is that their normative force is opaque. It can be clear that some consideration bears on whether or not to feel shame, pity, or amusement, for example, but unclear just how it does so—specifically, whether the consideration helps make the object of the attitude shameful, pitiable, or funny. The problems caused by WKRs are ubiquitous, and they outstrip the wrong kind of reason problem as it has ordinarily been conceived, since extant solutions to the technical problem offer no help resolving the opacity of normative force. (shrink)

In Evangelium vitae, Pope St. John Paul II recognized that scientific progress would bring about new attacks on the dignity of the human person. Since that time, remarkable expansion in our knowledge and understanding of the human genome has brought forth questions of ownership rights via patents on human genes and related technology. This article argues that patenting human genes is incompatible with human dignity as it commodifies that which is priceless. In contrast, granting patents to manipulations of human genes (...) does not violate human dignity so long as it is utilized toward the common good. National Catholic Bioethics Quarterly 15.2 : 265–285. (shrink)

This paper develops the notion of being right-with, a conceptual lens that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. It does this through a critical multi-directional reading of two Uganda High Court appeal cases that overturned the decision of a lower court which at first instance had convicted Dr Stella Nyanzi of the offences of cyber harassment and offensive communications. Being right-with is a (...) regulative and coercive idea within human rights law that animates a violent irrepressible police drive. I use being right-with to assert that when individuals make rights claims under human rights law (however radical those assertions might be), they are still imbricated within a mode of liberal humanist subjecthood that is always conceptually unfree. In trying to move away from this conceptual and dialectical trap of being made right-with and unfree under liberal humanism, this paper tentatively considers Black feminist theorisations of care and freedom ‘to-come’, as well as Édouard Glissant’s notion of opacity to explore the concept of being with elsewhere as a way of articulating practices of Black life that make freedom elsewhere possible. (shrink)

The intention of my comments is mainly to draw attention to a necessary distinction between that prereflective cogito of post‐metaphysical subjectivity that is analysed in Westphal's paper and the subject of the cogito that can be identified and verified as the very principle of modern philosophy from Descartes to Hegel, namely, as the subject of reason. This means first of all to step back from the conviction, taken as self‐evident, that the subject of reason — and thereby the truth claims (...) of that entire philosophical epoch — are illusionary, that is, without any right of their own. Instead we should be ready to ask how it is brought about philosophically that the subject is “shattered,” “humiliated,” “declared forfeit,” etc. My thesis is that post‐metaphysical subjectivity with its contaminated opacity can be made understandable in principle out of the endogenous crisis of the fully developed “absolute” subject of reason, if this crisis is carried out and decided as the transformation of the subject from its absolute to its decentered status. (shrink)

Ankersmit's articulation of a postmodern theory of history takes seriously both the strengths of traditional historicism and the right of historians to decide what makes sense for disciplinary practice. That makes him an exemplary interlocutor. Ankersmit proposes a theory of historical "representation" which radicalizes the narrative approach to historiography along the lines of poststructuralist textualism. Against this postmodernism but invoking some of his own arguments, I defend the traditional historicist position. I formulate criticisms of the theory of reference entailed (...) in his notion of "narrative substance," of his master analogy of historiography with modern painting, and finally of his characterization of historical hermeneutics. In each case I find him guilty of the hyperbole which he himself cautions against. While it is true that historical narratives cannot be taken to be transparent, in taking them to be opaque Ankersmit puts himself in an untenable position. Finally, Ankersmit seeks to buttress his theoretical case by an interpretation of the new cultural historical texts of authors like Davis and Ginzburg. While this is a concreteness heartily to be welcomed in philosophers of history, I cannot find his construction of this new school's work plausible. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

We speak of the right to know with relative ease. You have the right to know the results of a medical test or to be informed about the collection and use of personal data. But what exactly is the right to know, and who should we trust to safeguard it? This book provides the first comprehensive examination of the right to know and other epistemic rights: rights to goods such as information, knowledge and truth. These rights (...) play a prominent role in our information-centric society and yet they often go unnoticed, disregarded and unprotected. As such, those who control what we know, or think we know, exert an influence on our lives that is often as dangerous as it is imperceptible. Beginning with a rigorous but accessible philosophical account of epistemic rights, Lani Watson examines the harms caused by epistemic rights violations, drawing on case studies across medical, political and legal contexts. She investigates who has the right to what information, who is responsible for the quality and circulation of information and what epistemic duties we have towards each other. This book is essential reading for philosophers, legal theorists and anyone concerned with the protection and promotion of information, knowledge and truth.. (shrink)

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the experts (...) who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

Discusses the moral and ethical aspects of euthanasia and related topics.

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, (...) it provides a useful way to determine how the right should be applied in various cases. (shrink)

S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for (...) pursuing a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights. (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)

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...) while there should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

In this article, I explicate Kant’s position on the wide right to abortion. That is, I explore the extent to which, according to Kant’s practical philosophy, abortion is punishable, even if it involves an unjust infringement of the right to life. By focusing on the state’s right to punish, rather than the right to life or the onset of personhood, I use Kant to expose a novel range of issues and questions about the legal status of (...) abortion (and criminal punishment more generally). The article is divided into four sections. In the first, I lay the groundwork for Kant’s theory of rights and briefly canvass some of the literature on Kantian approaches to abortion. In the second, I look at Kant’s discussion of equivocal rights. In the third, I turn to Kant’s discussions of capital punishment and suicide. In the fourth, I examine Kant on honor killings, and I use his position on infanticide in order to extrapolate and explain his ideas about the right to punish in the context of abortion. (shrink)

After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of (...) science in societies and its benefits and potential danger were discussed in various international fora, but hardly ever in a human rights context. Nowadays, within a world that is increasingly turning to science and technology for solutions to persistent socio-economic and development problems, the human dimension of science also receives increased attention, including the human right to enjoy the benefits of scientific progress and its applications. This contribution analyses the possible legal obligations of States in relation to the right to enjoy the benefits of scientific progress and its applications, in particular as regards health. (shrink)

The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional (...) rights or freedoms are violated shall have the right to apply to court. The doctrine of the Constitutional Court derives this right also from the constitutional principle of a state under the rule of law. The right of a person to court is inseparable from other norms and principles of the Constitution, which are equality of rights, the right to compensation of damage, the right to a proper court process, etc. (shrink)

SummaryThis paper firms up previous arguments for referential transparency in intensional constructions by providing conclusive proofs of this, both formal and informal. Centrally the paper uses epsilon terms to symbolise referring expressions, and so it obtains the rigid designators needed to allow the same object to be referred to in all worlds and minds. The details of several contrary ideas are examined to reinforce the claim that they are incorrect. But also certain world‐dependent or mind‐dependent objects are identified, using epsilon (...) terms, to give an understanding of what might have caused the historical belief in referential opacity. (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)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue (...) for the view that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

Background Protecting a person’s right to privacy and confidentiality is important in healthcare services. As future health professionals, nursing students should bear the same responsibility as qualified health professionals in protecting patient privacy. Objectives To investigate nursing students’ practices of patient privacy protection and to identify factors associated with their practices. Research design A cross-sectional study design was adopted. A two-part survey was used to collect two types of data on nursing students: (1) personal characteristics, including demographics, clinical experience (...) and use of information and communication technology and social media and (2) practice of patient privacy protection, collected using the Patient Privacy Scale. Participants and research context: A total of 319 nursing students aged 18 or above, studying pre-registration nursing programmes and who had attended at least one block of clinical placement, were recruited from a university in Hong Kong. Ethical considerations The study received ethical approval from the Survey and Behavioural Research Ethics Committee of the Chinese University of Hong Kong. The participants were informed of the study aim and written consent was obtained before completing the survey. Findings: The mean total score on the Patient Privacy Scale was 119.7 out of 135. Nursing students who were regular users of Instagram and those who had never taken photographs with patients and hence did not need to obtain patient consent were associated with better practices of patient privacy protection (higher total scores on the Patient Privacy Scale). Conclusions The findings improve our understanding of nursing students’ practice of patient privacy protection and the associated factors. This will inform the development and revision of current strategies to enhance nursing students’ practice of patient privacy protection, especially their use of social media. (shrink)

Major considerations of disability studies—such as provision of care, accommodation for disabled people, and issues surrounding institutionalization—have been consistently marginalized in American bioethical discourse. The right to die, however, stands out as a paradigmatic bioethical debate. Why do advocates for expanding the volition and self-direction of disabled people emerge from the periphery only to help those disabled people who choose death? And why do the majority of people assume an unrealistically low quality of life for those with disabilities? This (...) paper will argue that the dominance of the Western liberal tradition in American culture motivates both these phenomena: by emphasizing individual rights over duties and responsibilities, assuming the isolated and independent rights-bearer as the prototypical person, and evoking an unrealistically atomistic view of human interaction. As an alternative, I offer a framework rooted in feminist ethics that emphasizes context, gives moral weight to human relationships, abandons the problematic ideal of a lone rights-bearer, and emphasizes the mutual vulnerability of embodied individuals. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger (...) strike as noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

"Is higher education a right, or a privilege? This author argues that all citizens in a free and open society should have an unconditional right to higher education. Such an education should be costless for the individual and open to everyone regardless of talent. A readiness and willingness to learn should be the only qualification. It should offer opportunities that benefit citizens with different interests and goals in life. And it should aim, as its foundational moral purpose, to (...) help citizens from all walks of life live better, freer lives. Using concepts and ideas from liberal political philosophy the author argues that access to educational goods and services is something to which all citizens have a right over a full life. Such goods, it is argued, play a key role in helping citizens realize self-determined goals. Higher education should therefore be understood a basic social institution responsible for ensuring that all citizens can access such 'autonomy-supporting' goods. The book examines the implication of this justification of the right to higher education for questions of educational justice, political authority, distributive justice, civic education, and personal autonomy"--. (shrink)