Paul Gottfried and Paul Piccone wrongly confuse liberal activism with liberal absolutism, and anti-genocidal interventionism with Western imperialism. Gottfried claims that human rights are just “pious noise signifying whatever journalists or victimologists want it to mean in a particular situation,” manipulated by the self-appointed vicars of the church of “human rights,” whose “new theocratic world government” means a “reduction of morality to trendiness.” Trendy theocrats? Is there some contradiction here? In his various comments on my work, and (...) his critique of Victor Zaslavsky's views on totalitarianism,1 Piccone rejects universal human rights and the liberal critique of totalitarian states—a theme echoed…. (shrink)

Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state (‘public right’) are not in principle reducible to (...) the rights of individuals (‘private right’). Thus, for Kant, political obligations are intimately linked to the existence of a certain kind of republican institutional framework. (shrink)

The present study investigated the associations between social media use integration and Technological Intimate Partner Violence (TIPV) while also exploring the mediating role of the three dimensions of jealousy and the moderating role of moral absolutism. Our sample consisted of 404 adults aged 18 to 59. The results indicated a significant positive effect of social media use integration on cognitive jealousy and TIPV. Social media use integration was correlated with behavioral jealousy and TIPV, while TIPV was positively associated with (...) all three dimensions of jealousy. The moderated mediation analysis suggested that behavioral jealousy fully mediated the effect of social media use integration toward TIPV at all levels of moral absolutism, while cognitive jealousy had a partial mediating effect only at medium and high levels of moral absolutism. We discuss our findings by pointing out that (a) various dimensions of jealousy might be influenced differently by social media use integration, and (b) individuals with high levels of moral absolutism might be more prone to cognitive jealousy after being exposed to prolonged social media use. We acknowledge that our results may have limited generalizability as our sample was primarily female. Research involving larger portions of male participants would be important to pursue. (shrink)

This paper makes a small point concerning the contraposition of relativism and absolutism. Relativism need not be vulnerable to the self‐refutation argument; as for internal consistency both positions can be equally right. They are asymmetric, however, in that according to the absolutist only one of the two positions can be right, whereas from the relativist's viewpoint they can both be right.

This paper makes a small point concerning the contraposition of relativism and absolutism. Relativism need not be vulnerable to the self‐refutation argument; as for internal consistency both positions can be equally right. They are asymmetric, however, in that according to the absolutist only one of the two positions can be right, whereas from the relativist's viewpoint they can both be right.

My aim is to explain the relation of ‘right reason’ to Ockham's voluntarism by analysing what Ockham takes individual liberty to mean and how men come to know of it. The Christian law of liberty reveals what individuals come to know by other means — from their own experiences and reason, about certain rights which can never be alienated either to Church or ‘state’. It is argued that his distinctive and later political positions can be supported by positions maintained (...) in his earlier logical, psychological and philosophical writings from his Oxford period. He explains the three sources of our knowledge as experience, natural reason and infallible scriptural authority. Based on his explanation of how Scripture is to be interpreted and linking this to his epistemology which starts with intuitive cognition, it is argued that Ockham's understanding of the separate roles of ‘state’ and Church can be defended. From his earlier positions can also be derived his understanding of corporation theory, his defence of individual members of the community's consent to the constitution of government and the limits on absolute government, no matter what its constitutional form. Because right reason always operates in social contexts with their respective, prevalent knowledge, Ockham has some startling things to say about men's access to the truth. (shrink)

Metaethical absolutism is the view that moral concepts have non-relative satisfaction conditions that are constant across judges and their particular beliefs, attitudes, and cultural embedding. If it is correct, there is an important sense in which parties of moral disputes are concerned to get the same things right, such that their disputes can be settled by the facts. If it is not correct, as various forms of relativism and non-cognitivism imply, such coordination of concerns will be limited. The most (...) influential support for absolutism comes from an argument with two related premises. According to the first premise, moral thinking and moral discourse display a number of features that are characteristically found in paradigmatically absolutist domains, and only partly in uncontroversially non-absolutist domains. According to the second, the best way of making sense of these features is to assume that absolutism is correct. This paper defends the prospect of a non-ad hoc, non-absolutist, explanation of these "absolutist" features, thus calling into question the second premise. But instead of attempting to directly explain why the moral domain displays these features, it attends to how they are partially displayed by paradigmatically non-absolutists judgments about taste and likelihood. Based on this, it proposes independently motivated general accounts of attributions of agreement, disagreement, correctness and incorrectness that can explain both why absolutist domains display all "absolutist" features and why these non-absolutist domains display some. Based on these accounts, it provides preliminary reasons to think that these features of moral discourse can be given a non-absolutist explanation. (shrink)

Joseph Boyle raises important questions about the place of the double-effect exception in absolutist moral theories. His own absolutist theory (held by many, but not all, Catholic moralists), which derives from the principles that fundamental human goods may not be intentionally violated, cannot dispense with such exceptions, although he rightly rejects some widely held views about what they are. By contrast, Kantian absolutist theory, which derives from the principle that lawful freedom must not be violated, has a corollary – that (...) it is a duty, where possible, to coerce those who try to violate lawful freedom – which makes superfluous many of the double-effect exceptions Boyle allows. Other implications of the two theories are contrasted. Inter alia , it is argued that, in Boyle's theory, that a violation of a fundamental human good can be viewed as a cost proportionate to a benefit obtained, cannot yield a double-effect exception to the prohibition of intentionally violating that good, because paying a cost cannot be unintentional. Keywords: cost-benefit analysis, double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even (...) though they can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

At a conference I attended not so long ago I suggested to someone who had just read a paper that beneath his apparent commitment to a kind of ethical relativism he was in fact an ethical absolutist. The person I was addressing seemed quite upset by my suggestion and proceeded to argue that my understanding of his paper was somewhat awry. This experience was not new to me. Having taught ethics and philosophy of education courses for many years, courses which (...) have been taken by undergraduates and by members of the teaching profession, I know that if I ever say to those I teach that they are adopting or favouring an absolutist position, then, more than likely, they will regard my remark as something to be opposed and they will often suggest that there must be some misunderstanding on my part. Judging by my experiences, ‘absolutist’ is a label most undergraduates and teachers wish to disown, particularly at the outset of ethics and philosophy courses, even though many of these disowners seem to subscribe to absolutist positions on such issues as racism, rape and child abuse. In his book Ethics; Discovering Right and Wrong Louis P. Pojman, talking about his own findings in this area, makes it clear that my teaching experiences are not unique. Over a period of several years and in several universities Pojman found that most of the students who took his ethics or philosophy courses explicitly rejected absolutism and affirmed support for some kind of relativism even though several of these aspiring relativists subscribed to absolutist positions on various ethical matters. (shrink)

On 30 June 2021, Ohio state Governor, Mike DeWine, signed a Bill which would enact the state's budget for the next two years. In addition to its core funding imperatives, the Bill also contained an amendment significantly expanding entitlements of health care providers to conscientiously object to professional duties to provide controversial health care services. This amendment has been heavily criticised as providing the means to allow health care providers to discriminate against a wide range of persons by denying them (...) access to often contested services such as abortion and contraception. In this paper, we examine the implications of this amendment and situate it in relation to other legislative actions intended to guarantee absolute rights to conscientious objection. In doing so, we argue that the entitlements extended to health care providers by these Bills are overly broad and ignore their potential to allow significant harm to be caused to clients. We then argue that if health care providers should have rights to conscientiously object, then any legislation intended to protect such rights should be limited, specific, and parsimonious. Where it is not, the ideological liberty of HCPs treads dangerously on the physical freedom of their clients. (shrink)

ABSTRACT In an attempt to formulate an African phenomenological method, this article engages with existing African philosophical schools, namely particularism, universalism and eclecticism. I will explore how the positions advanced in these schools, valid in their own rights, are at the same time potentially absolutist and thus in need of reformulation. I will also test my theoretical findings by addressing the ontological implications of ontological absolutism in politics, with special reference to the situation in Cameroon and how they (...) translate to an identity crisis. I argue that an absolutist understanding of human existence has become an integral justification for the use of violence. I then proceed to propose ways of addressing the situation by arguing that this absolutist foundation is foreign to Africa in general and Cameroon in particular, and it will only further the chaos that is already ravishing the social reality in Cameroon. While addressing the problem, the aim here is to attempt a formulation of an African phenomenological approach and to bring attention to the often-neglected phenomenological and ontological dimensions in African politics. (shrink)

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

This article explores the ideological and historical basis of new authoritarian South Asian and Hindu movements, and considers the links between their ideologies and the history of racial and ethnic formations in the west during the Enlightenment period. Using Paul Gilroy's work on radical black conservatism as a starting point, the author explores some of the metaphysical ideas behind the late modern recovery of primordial ethnic belonging. The author considers the possibilities of a volkish anti-racism in contemporary movements by highlighting (...) the similarities between contemporary right-wing Hindu revival and older German romantic strands that cultivated `primordial' nationalisms based on an appropriation of archaic Vedic scriptures. The background to the concept `Aryan' is explored. The author considers how many far-right ideas about ethnicity and nationalism have found a deep resonance in `New Age' writings. The conclusion links these themes to a broader discussion of metaphysical ideas. (shrink)

Human rights make a universal claim that has often been suspected of expressing western cultural imperialism. Yet even a mere perusal of the history of human rights in Europe and North America reveals that human rights cannot be characterized as the obvious crystallization of occidental culture as a whole. Instead they were first propounded during the modernity as a response to the normative crises occasioned by Christian religious division in a society of developing pluralism. Human rights (...) formulated the basis for a new social contract between free and equal holders of rights in opposition to religiously motivated civil wars and the accumulation of absolutist dominion.Since pluralism and multi-culturalism in a more closely knit world order has become an inescapable reality, the idea of human rights, understood as the recognition of plurality and differences on the basis of equal freedom, could be the foundation for international orientation. Human rights could provide the foundation for consensus, however, only if the limits of their normative claim are clear. As the ethos of freedom inherent to human rights is oriented toward political-legal standards, it is not intended to replace the plurality of any developed religious or cultural ethos. But as human rights secure political-legal equality of rights to express and develop differing ideas and cultural forms, they do affect internal individual recognition of religious and cultural societies, from which they demand openness toward reform and willingness to communicate. Menschenrechte machen einen universalen Anspruch geltend, der indes oft als Ausdruck eines westlichen Kulturimperialismus verdächtigt wird. Ein Blick auf die Geschichte der Menschenrechte in Europa und Nordamerika zeigt freilich, daß Menschenrechte gerade nicht als selbstverständlicher Ausfluß der abendländischen Kultur im ganzen angesehen werden können. Vielmehr sind sie erst in der Neuzeit aufgekommen, und zwar als Antwort auf die normativen Krisen in der im Gefolge der christlichen Glaubensspaltung pluralistisch werdenden Gesellschaft. Gegen religiös motivierte Bürgerkriege wie gegen die Anmaßung absolutistischer Herrschaft formulieren die Menschenrechte die Grundlage eines neuen Gesellschaftsvertrages zwischen freien und gleichen Rechtsgenossen.Da Pluralismus und Multikulturalismus in der immer stärker vernetzten Weltgesellschaft vielerorts unausweichliche Realität geworden sind, vermag die menschenrechtliche Leitidee, nämlich die Anerkennung von Pluralität und Differenz auf der Basis gleichberechtigter Freiheit, heute auch international zur Orientierung zu dienen. Menschenrechte können indes nur dann konsensstiftend wirken, wenn ihr normativer Anspruch auch in seinen Grenzen deutlich wird: Da sich das menschenrechtliche Freiheitsethos vornehmlich auf politisch-rechtliche Standards richtet, zielt es nicht darauf ab, die Pluralität der gewachsenen religiösen oder kulturellen Ethosformen zu ersetzen. Indem Menschenrechte die gleichberechtigte Äusserung und Entfaltung unterschiedlicher Überzeugungen und Kulturformen politisch-rechtlich sichern, wirken sie freilich auch auf die innere Selbstwahrnehmung religiöser und kultureller Gemeinschaften zurück, denen sie Reformoffenheit und Kommunikationsbereitschaft abverlangen. (shrink)

What is truth, goodness, or beauty? Can we really define these concepts without the idea of a frame of reference? In the newest addition to the New Dialogues in Philosophy series, Michael Krausz presents fictional dialogues between four former classmates who hold significantly different views about these questions. As they travel in India, a place with unfamiliar concepts and customs, these four friends debate the rightness of relativism and absolutism. Are these concepts irreconcilable? Might there be a better view (...) that goes beyond both of them? These lively discussions provide students with an accessible introduction to one of the most enduring and far-reaching philosophical problems of our age. (shrink)

John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given this, individuals without political participation rights cannot be said to have rights at all. Here, I evaluate this instrumental objection. I identify three ways (...) of relating political participation rights to human rights and show that one makes sense of Rawls’s claim. I then defend this view from instrumental objections. This has implications beyond the realm of Rawls scholarship. Many societies are not democratic and are not democratizing. We must determine whether any of these societies can secure at least the content of human rights and, if so, what shape their social and political institutions must take to do so. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role (...) with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

It is morally impossible, Locke argued, for individuals to consensually establish absolute rule over themselves. That would be to transfer to rulers a power that is not ours, but God’s alone: ownership of our lives. This article analyses the conceptual presuppositions of Locke’s argument for the moral impossibility of self-enslavement through a comparison with other classical social contract theorists, including Grotius, Hobbes and Pufendorf. Despite notoriously defending the permissibility of voluntary enslavement of individuals and even entire peoples, Grotius similarly endorsed (...) divine ownership of human life. He could do so coherently, we show, because he denied that despotic power gives rulers rights in the lives of their subjects. Masters do not own slaves in the way we own material things. Reworking received Roman law categories, Grotius maintained that ‘perfect slavery’ consists in masters having a personal right to the slave’s perpetual service; a condition equivalent to what Locke called ‘drudgery’ and deemed permissible. Our analysis of this unpalatable set of ideas reveals that Locke’s argument is premised upon idiosyncratic conceptions of slavery and absolutism, disavowed by prominent defenders of absolutism in the classical social contract tradition. It is hence less powerful than commonly believed. (shrink)

One of the greatest woman intellectuals of eighteenth‐century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom. Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a way that (...) opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently “just” nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, nonviolent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (shrink)

Hobbes says a great deal about the rights of subjects, particularly in Leviathan, and yet, despite his apparent insistence on the importance of the rights of the subject, the prevailing view amongst modern Hobbes scholars has been that rights of Hobbesian subjects are weak. The dominant view of Hobbesian rights as weak and insignificant is the view of modern Hobbes scholarship, which analyses Hobbes's political theory at great distance from his intellectual milieu and from the dramatic (...) political events of the time. Hobbesian absolutism is understood to rule out rights of any strength or significance on the part of Hobbesian subjects and particularly, any rights held against the sovereign. The significance of defining subjects' rights as Hohfeldian liberty rights is that liberty rights lack any correlative duties on the part of others. The sovereign's authority and right to rule are made dependent on his ability and willingness to protect the subjects' aggregate right to self‐preservation. (shrink)

Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they (...) are no longer obliged to obey the sovereign. Third, there is also a possible limitation on the absolute power of the sovereign in the form of restrictions Hobbes puts in place on what laws he may legitimately make. Finally, Hobbesian absolutism is compared to the absolutism of Carl Schmitt. This exercise demonstrates the limitations that Hobbes places on the power and authority of the sovereign. (shrink)

It is given to few political thinkers to be at once as innovative and as self- contradictory as Jean Bodin. This paper examines the way in which a number of his ideas were developed in the seventeenth century, and attempts made, principally in Germany, the Netherlands and England, either to reconcile apparent contradictions within his thought or to exploit their ambiguity for political advantage. Elsewhere in Western Europe there was a more hostile response. In Counter-Reformation Spain Bodin was almost universally (...) disparaged as a politico, second only to Machiavelli in his alleged advocacy of the subordination of religion to political ends. His constructive ideas were taken rather more seriously in Counter-Reformation Italy, but there too there were attacks upon his secularism and negative criticism of his theory of sovereignty. In France itself Bodin was absorbed into the absolutist current, and since his reservations were weakened by the prevailing doctrine of divine right kingship, and his deviations generally forgotten, the problem of his legacy there is much less complex. (shrink)

One of the greatest woman intellectuals of eighteenth-century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom (1791). Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a way (...) that opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently "just" nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, non-violent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (shrink)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

Most of us have certain intuitions about moral rights, at least partially captured by the ideas that: (A) rights carry special weight in moral argument; (B) persons retain their rights even when they are legitimately infringed; although (C) rights undoubtedly do conflict with one another, and are sometimes overridden as well by nonrights considerations. I show that Dworkin's remarks about rights allow us to affirm (A), (B), and (C), yet those remarks are extremely vague. I (...) then argue that Feinberg's more comprehensive and precise theory, designed to do justice to all three theses, cannot assure us of (A), that rights are not merely one consideration to be weighed in the balance with heterogeneous others. I show how Feinberg accepts (C) despite being drawn toward an alternative absolutist theory of rights and commits himself to (B) through his rejection of prima facie rights. But his promising distinction between recognition and enforcement of a right, which helps give some sense to (B) despite its tension with (C), undermines the force of rights in moral argument apparently intended by (A). We thus learn that Feinberg's and Dworkin's accounts of rights are incompatible, though each is correct in important ways. Contrasting their views allows us to clarify the implications and consistency of alternative theses about rights, one step toward meeting the challenge of developing a theory which shows more adequately how respect for rights is to be combined with other intuitions about rights and their relation to other values. (shrink)

In two studies, we used the Ethics Position Questionnaire (EPQ) to investigate the relationship between individual differences in moral philosophy, involvement in the animal rights movement, and attitudes toward the treatment of animals. In the first, 600 animal rights activists attending a national demonstration and 266 nonactivist college students were given the EPQ. Analysis of the returns from 157 activists and 198 students indicated that the activists were more likely than the students to hold an "absolutist" moral orientation (...) (high idealism, low relativism). In the second study, 169 students were given the EPQ with a scale designed to measure attitudes toward the treatment of animals. Multiple regression showed that gender and the EPQ dimension of idealism were related to attitudes toward animal use. (shrink)

Advances in cognitive science are relevant to the debate between moral pluralism and absolutism. Parametric structure, which plausibly underlies syntax, gives some idea of how pluralism might be true. The cognitive mechanisms underlying mathematical intelligence give some idea of how far absolutism is right. Advances in cognitive science should help us better understand the extent to which we are divided and how far we are potentially harmonious in our values.

This article takes up the challenge that the motto “Do What is Right Though the World Should Perish” invites for an answer to Kant's arguments in defense of the motto. His argumentation is discussed, as well as the underlying assumptions concerning the role of Providence, the rejection of moral conflict, and the prudential risks associated with abandoning moral absolutism. The first two are rejected, the third seen as only partially tenable. Finally, the question is taken up what to do (...) about moral prohibitions in a world in which they can quite literally prevent or bring about universal perishing. (shrink)

ABSTRACTSince 2007, when Mexico City decriminalized abortion during the first trimester, a debate has been taking place regarding abortion and the right to conscientious objection. Many people argue that, since the provision of abortions is now a statutory duty of healthcare personnel there can be no place for “conscientious objection.” Others claim that, even if such an objection were to be allowed, it should not be seen as a right, since talk about a right to CO may lead to a (...) slippery slope where we may end up recognizing a right to disobey the law. In this paper, I argue that there is a right to CO and that this may be justified through the notions of autonomy and integrity, which a liberal democracy should respect. However, it cannot be an absolute right, and in the case of abortion, it conflicts with women’s reproductive rights. Therefore, CO should be carefully regulated so that it does not obstruct the exercise o... (shrink)

The political problem John Locke inherited from Thomas Hobbes was to produce a theory of natural rights that would not preclude the possibility of entering peacefully into civil association. If political existence is grounded on an unmediated theory of natural right, where every individual has a natural right to whatever he or she conceives to be useful in assuring his or her preservation, and where there are no moral limits to what one's rights will justify, civil association cannot (...) come about without invoking the coercive power of absolute sovereign authority. The problem with that, Locke insisted, is that absolute political authority transforms citizens into slaves.To avoid the necessity for invoking Hobbesian absolutism, Locke needed philosophical evidence that, in the natural situation, man is limited by natural duties. Locke produces an idea of natural duty which relocates the source of man's identity as a person bearing rights in what might be called the labor of consciousness. For Locke, it is the labor of consciousness itself - i.e. the act of self-imputation and self-ownership implicit in self-consciousness - that connects self-interest with an assumption of responsibility, and that transforms natural right into a natural principle of morality which does not need the mediating authority of sovereign power or the legitimating authority of God. The result is, we do not need to draw on theological foundations or call upon natural law doctrines as moral substitutes for the Hobbesian sovereign in order to legitimate Locke's political philosophy. Unvarnished natural duty is, for Locke, enough to ground civil association. The result is a natural morality that enables humans to enter into conditions of community and mutual trust without enlisting the intervening authority of sovereign power. Das staatsphilosophische Problem, das Locke von Hobbes geerbt hatte, war das Problem, eine Theorie natürlicher Rechte zu formulieren, die dem friedlichen Übertritt in eine bürgerliche Gesellschaft nicht entgegensteht. Wenn die Existenz des Staates mit der unkritisiert bleibenden Vorstellung verbunden wird, jedem Individuum komme ein natürliches Recht auf alles zu, was es als für seine Selbsterhaltung nützlich erachtet, und außerdem die moralischen Grenzen, denen ein derartig umfassendes Recht unterliegt, ebenfalls nicht reflektiert werden, dann läßt sich eine bürgerliche Gesellschaft nicht ohne die zwingende Gewalt einer absolut souveränen Macht begründen. Das Problem eines solchen Konzepts, so betont Locke nachdrücklich, besteht darin, daß unter einer absoluten politischen Autorität Bürger zu Sklaven werden.Um einen Absolutismus Hobbes'scher Prägung zu vermeiden, mußte Locke den Beweis dafür führen, daß der Mensch im Naturzustand durch natürliche Pflichten gebunden ist. Dazu schuf er die Vorstellung von einer natürlichen Verpflichtung, die den Ursprung der Identität des Menschen als einer Person, die Rechte hat, auf etwas zurückführt, was als "Tätigkeit des Bewußtseins" bezeichnet werden könnte. Für Locke ist es die Tätigkeit des Bewußtseins, d.i. der im Selbstbewußtsein gegründete Akt, sich die eigenen Handlungen selbst zuzuschreiben, überhaupt der Akt der Inbesitznahme des eigenen Selbst, der das Eigeninteresse mit der Annahme von Verantwortlichkeit verknüpft und das natürliche Recht in ein natürliches Prinzip der Moralität verwandelt, das der regulierenden Autorität einer souveränen Gewalt oder der legitimierenden Autorität Gottes nicht mehr bedarf. Um Lockes politische Philosophie zu rechtfertigen, sind daher weder theologische Begründungen nötig noch Naturrechtsdoktrinen als moralischer Ersatz für den Hobbes'schen Souverän. Locke betrachtet die bloße natürliche Verpflichtung als hinreichend für die Begründung einer bürgerlichen Gesellschaft. Das Resultat ist eine natürliche Moralität, die Menschen erlaubt, sich ohne die Intervention einer souveränen Gewalt in einen Zustand der Gemeinschaft und des gegenseitigen Vertrauens zu begeben. (shrink)

One of the most challenging issues in cross-cultural bioethics concerns the long-standing socio-cultural practice of female genital circumcision, which is prevalent in many African countries and the Middle East as well as in some Asian and Western countries. It is commonly assumed that FGC, in all its versions, constitutes a gross violation of the universal human rights of health, physical integrity, and individual autonomy and hence should be abolished. This article, however, suggests a mediating approach according to which one (...) form of FGC, the removal of the clitoris foreskin, can be made compatible with the high demands of universal human rights. The argument presupposes the idea that human rights are not absolutist by nature but can be framed in a meaningful, culturally sensitive way. It proposes important limiting conditions that must be met for the practice of FGC to be considered in accordance with the human rights agenda. (shrink)

I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, (...) international society constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years. (shrink)

In this essay, I contend that the usually neglected Fundamental Law of the Commonwealth, which commands that the essential rights of the sovereign be retained by the sovereign, imposes substantial...

I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, (...) international society constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years. (shrink)

The dissertation examines the strategy of critical legitimation operative in contemporary social and political theory. Its primary thesis is that the historical emergence of critical discourse must be understood within the context of two events of the late eighteenth and early nineteenth centuries: the philosophical encounter with the rise of modern natural science, and the formation of a bourgeois intellectual elite and its essentially moral opposition to the absolutist state. These events produce a strategy of critical legitimation that combines the (...) vocabularies of mathematical objectivity and juridical normativity. ;This thesis is defended through a reading of several texts of Kant and Hegel, wherein two modes of the strategy are discerned. In Kant there is found the strategy of expropriation, or the iterative acquisition of the object of discourse, whilst in Hegel one finds a strategy of appropriation or systematic acquisition. Both modes serve to constitute the various forms of critical discourse in their specific theorization of the objects and themes of social and political inquiry. (shrink)

US conservatives have repeatedly turned to classical Greece for inspiration and rhetorical power. In the 1950s they used Plato to defend moral absolutism; in the 1960s it was Aristotle as a means to develop a uniquely conservative social science; and then Thucydides helped to justify a more assertive foreign policy in the 1990s. By tracing this phenomenon and analysing these, and various other, examples of selectivity, subversion and adaptation within their broader social and political contexts, John Bloxham here employs (...) classical thought as a prism through which to explore competing strands in American conservatism. From the early years of the Cold War to the 2003 invasion of Iraq, Bloxham illuminates the depth of conservatives' engagement with Greece, the singular flexibility of Greek ideas and the varied and diverse ways that Greek thought has reinforced and invigorated conservatism. This innovative work of reception studies offers a richer understanding of the American Right and is important reading for classicists, modern US historians and political scientists alike. (shrink)

ABSTRACT There are many points of similarity between the views of pacifists and those of people who argue that sentient non‐human animals have absolute rights. Both positions ultimately rest on the assertion that the consequences of a violent action which is intended to preserve some lives by terminating others are more far‐reaching than we generally suppose. When the total net consequences of such actions are considered, it can be seen that an ethic of complete non‐violence might turn out to (...) be optimific in the long run. Hence, absolutist moral positions of this sort should not be seen as irrational, or self‐serving, and are worthy of respectful consideration even if we finally decide that we ourselves cannot accept them. Until we have firm evidence as to whether non‐violence has positive or negative net consequences, the choice between absolute and situationist ethical positions must remain one which depends very largely on personal character. Absolutist positions do serve a valuable ‘conscience‐pricking’ function for the rest of us. They stand most chance of becoming more widely accepted if they are incorporated within a general ethic of positive helpfulness, rather than being presented as purely negative prohibitions. (shrink)

I argue for a moderate view of the justification and the extent of the moral rights of parents that avoids the extremes of both children’s liberationism and parental absolutism. I claim that parents have rights qua parents, and that these prima facie rights are grounded in certain fundamental interests that both parents and children possess, namely, psychological well-being, intimate relationships, and the freedom to pursue that which brings satisfaction and meaning to life. I also examine several (...) issues related to public policy and the moral dimensions of the family—child abuse, children divorcing their parents, and the religious upbringing of children—and consider what implications the argument has for these issues. I conclude that the argument’s implications with respect to these issues further increases its plausibility. (shrink)

There is a regulatory option for conscientious objection in health care that has yet to be systematically examined by ethicists and policymakers: granting a liberty to request exemption from prescribed work tasks without a companion guarantee that the request is accommodated. For the right-holder, the liberty’s value lies in the ability to seek exemption without duty-violation and a tangible prospect of reassignment. Arguing that such a liberty is too unreliable to qualify as a right to conscientious objection leads to the (...) problem of consistently distinguishing its effects from those of a right to conscientious objection that is made conditional on an individual assessment of the objector’s motivation. These properties require that we distinguish the liberty to request exemption from more restrictive policy choices, and that we subject it to greater scrutiny in the wider moral discourse as a possible variant of a right to conscientious objection. (shrink)

Prominent Kantian scholars, such as Korsgaard and Waldron, claim that the very existence of juridical-political institutions is sufficient to render laws authoritative. Critics argue that this view is unpersuasive as it requires subjects to obey grossly unjust laws. Here, I identify two problems facing scholars who reject the absolutist view of political authority proffered by Korsgaard and Waldron. First, when there is reasonable disagreement regarding a law’s legitimacy the Principle of Right generates contradictory obligations as it commands both disobedience and (...) compliance. In clarifying this problem, I argue that individuals must disobey illegitimate laws where this requirement is co-extensive with the duty to leave the state of nature. However, disobedience amounts to domination when individuals are subjected to private judgments regarding the conditions of freedom. The Principle of Right cannot overcome this impasse as it does not offer reasons in favor of compliance that are distinct from those reasons legitimating the law. To address this issue, I supplement Kant’s account with Joseph Raz’s ‘service conception’ of authority to show that compliance can be rendered compatible with the Principle of Right. A second problem emerges when laws are blatantly illegitimate such that obedience cannot be justified. In these cases, the Principle of Right cannot guide legislative reform in an intuitively appealing way as it fails to address considerations of proportionality. Though this latter problem is not resolved here, identifying it helps to further clarify the relationship between Kant’s moral and political principles. (shrink)

European absolute monarchy was the model for all subsequent versions of statism. The rise of the centralized state apparatus that claimed a monopoly of the (legitimate) use of force within a given territory went hand in hand with the intellectual pursuit of describing it. America, both during colonial times and even more so at the founding of the republic, was relatively free from absolutism. The US, born without a sovereign, could not know the peculiar development of a fundamental state (...) category such as sovereignty, first defined by Jean Bodin in the 16th century. Sovereignty, in American political discourse, was…. (shrink)

In a typical classroom interaction, the teacher asks questions, students answer, and the teacher—knowing the answer—evaluates the responses. This structure might cultivate a view of knowledge as objective, uncontested, and immutable. In response to criticisms of such models, teachers increasingly encourage students’ self-expression, communicating the validity of multiple solutions and perspectives. Stressing that there is "no one right answer,” might be important in countering absolutist and encouraging relativist understandings of knowledge. Cultivating more qualified and critical perspectives that seek to use (...) criteria to judge an answer's quality and identify better answers from among a set of "right answers" may be more difficult to achieve, and might explain the prevalence of multiplist and paucity of evaluativist positions among youth. We suggest that teacher training that emphasizes pedagogy apart from subject-matter learning might contribute to practices that encourage individual expression without providing the domain-specific tools or values of evaluating knowledge claims. (shrink)

The connection between William of Ockham's philosophy and his politics has long been a subject of debate among scholars. Many have seen his nominalist epistemology, which asserts that the individual thing is the object of knowledge, as contributing towards his focus on the individual in his political thought. In her most recent article, ‘Ockham’s Right Reason and the Genesis of the Political as „Absolutist”’, Janet Coleman supports this argument concerning the influence of Ockham's philosophical individualism upon his political individualism. But (...) she also provides a different and, I believe, more important argument as to how Ockham's philosophical epistemology is connected to his politics: that what man can know about himself and others through right reason is Ockham's starting point for analysing human authority. This article attempts to support Coleman's argument that the role of right reason in the life of the individual has significant consequences for Ockham's notion of political rule. This is done through a detailed analysis of the specific role of right reason in Ockham's theory of the virtuous act, and how this treatment of right reason can be said to influence Ockham's notion of the purpose and methodology of political rule. Specifically, Ockham's notion of right reason in his ethical theory plays out in his political theory by defining the limitations of political knowledge, and thereby creating a pronounced discontinuity between the function of the individual as a self-ruler and the function of the political ruler. (shrink)

While Hegel's absolutist rhetoric disguises the contestability of his theorizing, his subtle, nuanced reading of modernity and social theory offers a more constructive and powerful approach to the continuing problems of modernity and the contemporary world than is acknowledged by Lyotard. (edited).

In City of the Good, Michael M. Bell, a moral sociologist, makes a plea for an open, “multilogical” dialogue amongst the different absolutistic faiths in the world to try and put an end to the prob...

In City of the Good, Michael M. Bell, a moral sociologist, makes a plea for an open, “multilogical” dialogue amongst the different absolutistic faiths in the world to try and put an end to the prob...