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 the physician’s role in the patients’ formation of and acting on personal preferences and values, the bias and opacity problem of AI systems, and rational concerns about the future societal effects of introducing AI systems in the health care sector.

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)

Ethical guidelines commonly state that research subjects should have a right to withdraw consent to participate. According to the guidelines we have studied, this right applies also to research on biological samples. However, research conducted on human subjects themselves differs in important respects from research on biological samples. It is therefore not obvious that the same rights should be granted research participants in the two cases. This paper investigates arguments for and against granting a right to withdraw (...) consent to research on biobank samples. We conclude that there are no explicit arguments for such a right in the guidelines we have studied, the arguments against such a right are inconclusive, considerations of autonomy, privacy, personal integrity, and trust in medical research provide sufficient reasons for granting a right to withdraw consent to research on biobank samples, in certain cases, research participants should be allowed to waive this right. (shrink)

There is a growing trend in policy making of holding people responsible for their lifestyle-based diseases. This has sparked a heated debate on whether people are responsible for these illnesses, which has now come to an impasse. In this paper, I present a psychological model that explains why different views on people’s responsibility for their health exist and how we can reach a resolution of the disagreement. My conclusion is that policymakers should not perceive people as responsible while health care (...) personnel should take the opposing view. (shrink)

Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between four frameworks (...) for thinking about bodily exchanges in medicine: those of property rights, heroic gift-giving, sacrifice, and gift-giving as aporia. These frameworks represent four different ways of making sense of donation of organs as well as tissue, gametes and blood, draw on different conceptions of the relations between the self and the other, and bring out different ethical issues as core ones. The article presents these frameworks, argues that all of them run into difficulties when trying to make sense of reciprocity and relational interdependence in donation, and shows how the three gift-giving frameworks (of heroism, sacrifice and aporia) hang together in a critical discussion about what is at stake in organ donation. It also presents and argues in favour of an alternative intercorporeal framework of giving-through-sharing that more thoroughly explicates the gift metaphor in the context of donation, and offers tools for making sense of relational dimensions of live and post mortem donations. (shrink)

This essay contends that postcolonial migrants have a right to enter their former colonizing nations, and that these should accept them. Our novel argument challenges well-established justifications for restrictions in immigration-policies advanced in liberal nationalism, which links immigration controls to the nation’s self-determination and the legitimate preservation of national identity. To do so, we draw on postcolonial analyses of colonialism, in particular on Edward Said’s notion of “intertwined histories,” and we offer a more sophisticated account of national identity than (...) that of liberal nationalists. In our view, the national identity of former colonizing nations cannot be understood in isolation from their ex-colonies. This entails that liberal nationalists cannot justify the restriction on the entrance of members of the nation’s former colonies by resorting to an argument about the preservation of national identity: the former colonized constitute an inseparable element of that national identity, because they are already historically part of it. (shrink)

The Right and the Good, a classic of twentieth-century philosophy by the eminent scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's (...) great work today. (shrink)

Should we be allowed to refuse any involvement of artificial intelligence technology in diagnosis and treatment planning? This is the relevant question posed by Ploug and Holm in a recent article in Medicine, Health Care and Philosophy. In this article, I adhere to their conclusions, but not necessarily to the rationale that supports them. First, I argue that the idea that we should recognize this right on the basis of a rational interest defence is not plausible, unless we are (...) willing to judge each patient’s ideology or religion. Instead, I consider that the right must be recognized by virtue of values such as social pluralism or individual autonomy. Second, I point out that the scope of such a right should be limited at least under three circumstances: if it is against a physician’s obligation to not cause unnecessary harm to a patient or to not provide futile treatment, in cases where the costs of implementing this right are too high, or if recognizing the right would deprive other patients of their own rights to adequate health care. (shrink)

In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied (...) in other philosophical contexts and to reasons for other responses than pro-attitudes, for example in recent debates about evidentialism and pragmatism about reasons for belief. While there seems to be wide agreement that there is a general and uniform distinction that applies to reasons for different responses, there is little agreement about the scope, relevance and nature of this distinction. Our aim in this article is to shed some light on this issue by surveying the RKR/WKR distinction as it has been drawn with respect to different responses, and by examining how it can be understood as a uniform distinction across different contexts. We start by considering reasons for pro-attitudes and emotions in the context of the buck-passing account of value (§1). Subsequently we address the distinction that philosophers have drawn with respect to reasons for other attitudes, such as beliefs and intentions (§2), as well as with respect to reasons for action (§3). We discuss the similarities and differences between the ways in which philosophers have drawn the RKR/WKR distinction in these areas and offer different interpretations of the idea of a general, uniform distinction. The major upshot is that there is at least one interesting way of substantiating a general RKR/WKR distinction with respect to a broad range of attitudes as well as actions. We argue that this has important implications for the proper scope of buck-passing accounts and the status of the wrong kind of reasons problem (§4). (shrink)

The debate on the ‘right to know’ has simmered on for over 30 years. New examples where a right to be informed is contrasted to a right to be kept in ignorance occasionally surface and spark disagreement on the extent to which patients and research subjects have a right to be self-determining concerning the health related information they receive. Up until now, however, this debate has been unsatisfactory with regard to the question what type of rights—if (...) any—are in play here and to what extent they can provide a normative basis for informed consent. This paper provides an analysis of informed consent in the context of ‘epistemic interventions’: interventions which involve the communication of information. First, I offer an analysis of the concept of a ‘right not to know’ in the context of consent to epistemic interventions. I argue that the scope of the consent is determined by the extent to which this intervention can be seen as an infringement of the private sphere. After that I show how this analysis affects the scope and standards of informed consent. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires (...) resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

Abstract In his 2009 article "Right and Coercion," Marcus Willaschek argues that the Categorical Imperative and the Universal Principle of Right are conceptually independent of one another because (1) the concept of right and the authorization to use coercion are analytically connected in Kant's "Doctrine of Right", but (2) the authorization to coerce cannot be derived from the Categorical Imperative. Given that the principle of right just is a principle of authorized coercion, the fact that (...) the authorization to coerce cannot be derived from the Categorical Imperative implies that the Principle of Right cannot be derived from the Categorical Imperative. Against this claim, I first argue that a satisfactory deduction of the concept of right can be constructed out of the Categorical Imperative, the fact that we are embodied, and the fact that we act from motives other than duty. I then argue that the insufficiency of the Categorical Imperative, by itself, to generate the Principle of Right does not prevent us from interpreting the Principle of Right as a specification of the Categorical Imperative. I develop this point by means of an analogy with Kant's discussion of the moral law and the Categorical Imperative in the Groundwork. (shrink)

In recent years irregular immigration has attracted increasing scholarly attention. Current academic debate casts the irregular immigrant in the role of the new political subject who acts out a right to have rights and/or as the rightless victim who is subjected to violence and abuse. However, the conception of the irregular immigrant as harbinger of political change and/or victim reifies the persistent dichotomy between inclusion and exclusion. It ignores that irregular immigrants are not by definition excluded from a normal (...) life and that numerous immigrants live in the interstices between full legal inclusion and exclusion without democratic legal order being cast to ruin. The question that underlies this essay is: What concept of law can accommodate the unauthorized presence of immigrants without reducing them to bare life, struggling to survive and/or assigning them a political agency and without taking recourse to the use of force and violence in a zero-tolerance policy? To answer this question, this article draws on what Agamben has coined the potentiality of the law and unpacks Judith Shklar’s idea of different degrees of legalism. (shrink)

In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, _Natural Right and History_ remains as controversial and essential as ever. "Strauss... makes a significant contribution towards an understanding of the intellectual crisis in which we find (...) ourselves... [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, _American Political Science Review_ Leo Strauss was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago. (shrink)

Can we have objective knowledge of right and wrong, of how we should live and what there is reason to do? Can it be anything but luck when our moral beliefs are true? Kieran Setiya confronts these questions in their most compelling and articulate forms, and argues that if there is objective ethical knowledge, human nature is its source.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this (...) contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

The Right and the Good, a classic of twentieth-century philosophy by the great scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's (...) great work today. (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 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)

This article challenges Honneth's reading of Hegel's Philosophy of Right in The Pathologies of Individual Freedom: Hegel's Social Theory (2001/2010). Focusing on Hegel's method, I argue that this text hardly offers support for the theory of mutual recognition that Honneth purports to derive from it. After critically considering Honneth's interpretation of Hegel's account of the family and civil society, I argue that Hegel's text does not warrant Honneth's tacit identification of mutual recognition with symmetrical instances of mutual recognition, let (...) alone his subsequent projection of symmetrical forms of mutual recognition onto the various spheres of the Philosophy of Right as a whole. I conclude by indicating an alternative way in which Hegel's text might be used to understand contemporary society. (shrink)

This paper will consider the right not to know in the context of psychiatric disorders. It will outline the arguments for and against acquiring knowledge about the results of genetic testing for conditions such as breast cancer and Huntington’s disease, and examine whether similar considerations apply to disclosing to clients the results of genetic testing for psychiatric disorders such as depression and Alzheimer’s disease. The right not to know will also be examined in the context of the diagnosis (...) of psychiatric disorders that are associated with stigma or for which there is no effective treatment. (shrink)

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)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that (...) she ought to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

Medical interventions such as methadone treatment for drug addicts or “chemical castration” for sex offenders have been used in several jurisdictions alongside or as an alternative to traditional punishments, such as incarceration. As our understanding of the biological basis for human behaviour develops, our criminal justice system may make increasing use of such medical techniques and may become less reliant on incarceration. Academic debate on this topic has largely focused on whether offenders can validly consent to medical interventions, given the (...) coercive environment of the criminal justice system. Both sides in this debate share the assumption that administering medical interventions to offenders without their valid consent would be unethical. Recently, Thomas Douglas has mounted a formidable challenge to this “consent requirement”. Essentially, his argument rests on a comparison between prison and medical interventions. Douglas asks: if the state is entitled to impose a prison sentence on a criminal without the criminal’s consent, why is consent required for the imposition of a medical intervention? The most obvious way of defending the consent requirement against Douglas’s challenge appeals to the fact that incarceration merely interferes with the right to free movement, but medical interventions interfere with the right to bodily integrity. This argument rests on what Douglas calls the “robustness claim”—the claim that the right to bodily integrity is more robust than the right to freedom of movement. In other words, the right to freedom of movement loses its protective force in a wider range of circumstances than the right to bodily integrity. Douglas’s article seeks to undermine the robustness claim, by arguing that neither case-based intuitions, nor theoretical considerations support this claim. In this article, I will attempt to raise some doubts about Douglas’s challenge to the consent requirement and the robustness claim. (shrink)

Something Aristotle calls ‘right logos’ plays a crucial role in his theory of virtue. But the meaning of ‘logos’ in this context is notoriously contested. I argue against the standard translation ‘reason’, and—drawing on parallels with Plato’s work, especially the Laws—in favor of its being used to denote what transforms an inferior epistemic state into a superior one: an explanatory account. Thus Aristotelian phronēsis, like his and Plato’s technē and epistēmē, is a matter of grasping explanatory accounts: in this (...) case, accounts that identify the right action and say why it is right. Arguably, Aristotelian rationality is a matter of being able to grasp accounts in general. (shrink)

A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the (...) primary bearers of this duty, while all other able persons in appropriate circumstances have the associate duties to help biological parents discharge their duties. I also consider some policy implications of this right. (shrink)

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? How do we come to believe reasonably in experimental results? Experiment, Right (...) or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

This article considers the phenomenon of ‘state-extinction’: a situation in which a state faces a very real and imminent threat of literal disappearance from the surface of the Earth. By looking at the case of sinking small island states, this article explores the role and meaning of territory to statehood, while advancing the idea that rather than as a claim-right to territory, the situation of sinking island states should be understood through a state-right to exist as a state (...) – an internationally recognised political authority – in the system of states. If and when this is the case, states under the threat of physical state-extinction may have claims towards international community to continuing existence as political entities without necessarily having a right to new territory. (shrink)

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient (...) for addressing the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

In this study, Daniel Westberg offers readers an account of Aquinas’s ethics and the action theory that underlies it. Both friends and enemies of Aquinas have covered this subject matter before, but early commentators misunderstood central parts of Aquinas’s ethical theory, and they handed down their misinterpretations in traditions that continue into the present. Against the traditional view that Aquinas’s medieval Christian inheritance, with its focus on the will, and on grace and love, required an action theory fundamentally different from (...) Aristotle’s, Westberg shows that the core of Aquinas’s action theory is authentically Aristotelian. Aquinas is neither a natural law theorist nor a voluntarist, as he is commonly thought to be. Instead, he holds a complex yet plausible account of human action that gives a greater role to practical reason and prudence than commentators generally recognize. This central contention is important, for it counters centuries of misinterpretation, and Westberg argues effectively for it. For this reason, anyone with a serious interest in medieval ethics should read Westberg’s study. (shrink)

Not long ago, the actor and playwright Tim Robbins directed a production in New York and Los Angeles called Embedded. The play is strange, but nowhere more so than in one, infamous scene: a black mass in honor of the deceased political philosopher Leo Strauss, conducted by candlelight by advisers to President Bush in the run-up to the Iraq war. Characters who are transparent representations of Dick Cheney, Donald Rumsfeld, Richard Perle, Paul Wolfowitz and Condoleezza Rice masturbate with abandon, all (...) the while yelping “hail Leo Strauss!” beneath an outsized portrait of his face. The scene reaches a climax with this verbal ejaculation from “Woof” : “I'm hard! I'm rock hard!”. (shrink)

In this article, I address the anti-academic procedures by which Professor Thomas Sheehan affirms that I “continue” a “scam,” before presenting in a greater detail my work on the notion of being as a code name in Heidegger. In sections 3, 4, and 5, I analyze the way in which Sheehan authoritatively hollows out the state of the debate around the interpretation of Heidegger and the weakness of his philological interpretation. Finally, in the last section, I return to the necessity (...) of the research that Sheehan’s “Emmanuel Faye: The Introduction of Fraud Into Philosophy?” attempts to discredit. (shrink)

The sources, extent and margins of parental obligations in taking decisions regarding their children’s medical care are subjects of ongoing debates. Balancing children’s immediate welfare with keeping their future open is a delicate task. In this paper, we briefly present two examples of situations in which parents may be confronted with the choice of whether to authorise or demand non-therapeutic interventions on their children for the purpose of fertility preservation. The first example is that of children facing cancer treatment, and (...) the second of children with Klinefelter syndrome. We argue that, whereas decisions of whether to preserve fertility may be prima facie within the limits of parental discretion, the right to an open future does not straightforwardly put parents under an obligation to take actions that would detect or relieve future infertility in their children—and indeed in some cases taking such actions is problematic. (shrink)

I argue in favour of the central claim of virtue-ethical accounts of right action: that right action is virtuous action. First, I disambiguate this claim and argue for a specific interpretation of it. Second, I provide reasons to prefer target-centred over both agent-centred and motive-centred accounts of virtuous action. Third, I argue that an action is right if, only if, and because it is overall virtuous. Finally, I respond to important arguments to the contrary.

What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

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

Translator's Abstract: The right to have rights was never a right to be had. Hannah Arendt's famous formulation of the most elementary right of all, the right to participate in the definition of rights, is not a description of a given right that belongs to one or the other form of law, but an indictment of a deficit in the construction of legality on the basis of the right to withdraw legal protection from members (...) of a community, and therefore to refuse rights. The one and only human right thus turns out to be ungrounded in anything but the idea of its being had: a " property right " that traces back to the legal, philosophical and linguistic definitions of " one's own " since antiquity. Only the gift of the incalculable and of that which cannot possibly be legitimated can ground the autarchic self-relation of having: ungrounded in the rationally organized nature of any given, possessing the right to membership in a political community turns out to be permission to freely transfer this possession to another, without expectation of a return. (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the (...) fact that a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

Sittlichkeit seduces: Hegel’s third category of Right, intended to synthesize impartially derived rights with a subjectively centered morality of the good, understandably piques the hopes of his modern readers. How could it not? Sittlichkeit, Ethical Life, holds out the prospect of so much that we still seek. It promises to reconcile welfare and autonomy while guaranteeing concrete content for their product. By combining legal duty with a place for conscience and freedom, it could solve a central problem of politics. (...) Most broadly, Sittlichkeit would graft Enlightenment individualism onto a more Aristotelian conception of social order, merging the benefits of ancient virtue and modern liberty. Who would not want to have their cake and eat it in this way? (shrink)

Sittlichkeit seduces: Hegel’s third category of Right, intended to synthesize impartially derived rights with a subjectively centered morality of the good, understandably piques the hopes of his modern readers. How could it not? Sittlichkeit, Ethical Life, holds out the prospect of so much that we still seek. It promises to reconcile welfare and autonomy while guaranteeing concrete content for their product. By combining legal duty with a place for conscience and freedom, it could solve a central problem of politics. (...) Most broadly, Sittlichkeit would graft Enlightenment individualism onto a more Aristotelian conception of social order, merging the benefits of ancient virtue and modern liberty. Who would not want to have their cake and eat it in this way? (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)

The emerging international biomedical law tends to recognise the right not to know one’s genetic status. However, the basis and conditions for the exercise of this right remain unclear in domestic laws. In addition to this, such a right has been criticised at the theoretical level as being in contradiction with patient’s autonomy, with doctors’ duty to inform patients, and with solidarity with family members. This happens especially when non-disclosure poses a risk of serious harm to the (...) patient’s relatives who, without that vital information, could be deprived of preventive or therapeutic measures. This paper argues, firstly, that individuals may have a legitimate interest in not knowing their genetic make up to avoid serious psychological consequences; secondly, that this interest, far from being contrary to autonomy, may constitute an enhancement of autonomy; thirdly, that the right not to know cannot be presumed, but must be “activated” by the individual’s explicit choice, and fourthly, that this is not an absolute right, in the sense that it may be restricted when disclosure to the patient is necessary in order to avoid a risk of serious harm to third persons. (shrink)