Social groups claim authority to impose restrictions on their members that the state cannot. Churches, ethnic groups, minority nations, universities, social clubs, and families all regulate belief and behavior in ways that would be obviously unjust in the context of a state and its citizens. All religions impose doctrinal requirements; many also enforce sexist practices and customs. Some universities impose stringent speech and conduct codes on their students and faculty. Parochial schools discriminate in their hiring practices. Those who complain about (...) such internal restrictions on the liberties of members might well be told to “love it or leave it.”. (shrink)

Compulsory (health) service contracts have recently received considerable attention in the normative literature. The service contracts are considered and offered as a permissible and liberal alternative to emigration restrictions if individuals relinquish their right to exit via contract in exchange for the state‐funded tertiary education. To that end, the recent normative literature on the service programmes has particularly focused on discussing the circumstances or conditions in which the contracts should be signed, so that they are morally binding on (...) the part of the skilled workers. However, little attention is devoted to the relevance of the right to exit for the debate on compulsory service programmes. In this paper, I argue that even if the service contracts are voluntary, and thus the would‐be medical students voluntarily relinquish their right to exit, the reasons behind the right should be taken into account for the contracts to be morally valid. A clear understanding of the right to exit is a must in order not to breach its basic components and for the service contracts to be morally binding. To that end, I provide two accounts of the reasons to value the right to exit by presenting Patti Lenard's discussion of the right to exit and by reconstructing James Griffin's account of human rights. I conclude by offering brief ethical considerations for compulsory health service programmes grounded in the reasons to value the right to exit. (shrink)

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a (...) right might determine how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: as a matter of scope, and as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders. (shrink)

Article 14 of the United Nation’s Convention on the Rights of the Child declares, “States Parties shall respect the right of the child to freedom of thought, conscience and religion.” In this paper I will consider whether signatory nation-states may be in breach of this article by permitting religious groups to communicate the concept of Hell to children in a particular way.

This paper introduces a novel account of freedom of dissociation, construed as the “right to a fair exit.” It defines freedom of dissociation as the right to end an association without excessive and undue costs. This novel account contrasts with the classic right of exit that some liberal philosophers have theorized as the bedrock of associational freedom. The original right of exit is first and foremost concerned with the protection against excessive exit (...) costs, while the right to a fair exit broadens its scope to include undue costs as well. State policy should aim at monitoring and resourcing exit not only to ensure that leavers have adequate exit options, but also that the costs of exit are fairly divided between parties. This account illuminates a range of cases, such as divorce, dissolution of employment contracts, and contested exits from religious associations. (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.

Accounts of non-domination have tended to emphasise the role resources and other capacity and voice building mechanisms can play in giving people the power and the institutional means of living lives that are free of domination. Yet the role of exit - of institutionally protected means of withdrawing from relationships - has remained undertheorized in accounts of non-domination. Drawing on a range of public policy examples, this paper seeks to shed light on the ways in which, and under what (...) conditions, institutionalised means of exit can contribute to realising the ideal of non-domination. It shows that while rights of exit and low exit-costs can play an essential role in protecting people from dependence on the arbitrary wills of others, it is only under certain conditions these can be said to contribute to the realisation of the ideal of non-domination in a broader sense. Understanding the relationship between exit and non-domination, it further argues, gives us a clearer picture of the relationship between non-domination and sources of power such as monetary resources and voice. (shrink)

This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the capacity for voice (...) and exit cannot be taken for granted, for community norms may be organized in ways that deny women any voice in its decision-making forums as well as the resources they would need to survive outside the community. This essay draws on research among the Gond, an indigenous community in India, to explore this debate. Given the strength of the forces within the community militating against women’s capacity for voice or exit, the question motivating our research is: Can external organizations make a difference? We explore the impacts of two external development organizations that sought to work with women within these communities in order to answer this question. (shrink)

This article discusses the identity formation process former right wing extremists go through, during and especially after being involved in an exit program for those leaving right wing extremist environments. Based on an ethnographic investigation (and practice theoretical approach), the article argues that participation in culturally defined worlds – such as the extremist right – develops sensitivities and sensibilities that endure. This enables them to engage in social actions, gain a position and develop a correlated identity, (...) but it is also the reason why it can be very demanding for the individual to leave an extremist environment. Perceived from the position of former right wing extremists, the article considers the challenges involved in (re)integrating into society by those stigmatized by a criminal and extremist past. It explores how individuals leaving a right wing extremist group handle themselves in a new world when their embodied knowledge and habitual responding are no longer appropriate, and investigates the many aspects individuals struggle with years after their engagement, when they do not know who to become and how to act. (shrink)

In this essay Olivia Newman critically examines two opposing rights claims: the liberal claim that children have a right to become liberal choosers and the fundamentalist claim that children have a right to not become liberal choosers. These positions reflect differing views regarding the value of critically choosing, rather than simply accepting, a way of life. Given their assumptions regarding preference formation, both of these rights appear untenable in light of recent scholarship in psychology: we can neither select (...) a way of life independent of our social milieu, as liberals often imply, nor can we predict how different experiences will affect our preferences, as fundamentalists assume. Nevertheless, each position points to important concerns. Children have a substantive right of exit from constraining social milieus, as liberals purport, as well as a right to respect in public institutions, as fundamentalists insist. When liberals and fundamentalists assert these more modest rights claims, educators can and should strive to satisfy both. (shrink)

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money (...) to the association under a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit. (shrink)

Contrary to the belief of most Kantians and Kant scholars, Kant is in fact an anarchist. In this paper, I distinguish sharply between two concepts of enlightenment, enlightenment lite and heavy duty or radical enlightement ; show how there is an unbridgeable gap between Kant’s official political theory in The Doctrine of Right and his ethics; show how Kant’s real political theory is worked out in Religion Within the Boundaries of Mere Reason, and is in fact a heavy-duty, radically (...) enlightened version of anarchism; refute and debunk widely-believed Hobbesian assumptions about human nature, which are in fact nothing but cognitive illusions; and propose a de-biasing strategy in political aesthetics for ridding ourselves of these Hobbesian cognitive illusions. (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)

This dissertation seeks to answer the following question: does a commitment to liberalism require state remediation of illiberal practices of illiberal minority cultures that only affect their own members? Put differently, it asks: should the state deny illiberal minority cultures such as those of the Amish, Ultra-Orthodox Jews, Pueblo Indians, et cetera the freedom to be internally illiberal from a liberal viewpoint? The answer proposed by this dissertation is a qualified ‘no’. Assuming that liberalism is fundamentally committed to the protection (...) of individual freedom, I argue that states should allow illiberal minority cultures to be internally illiberal in order to respect the individual freedom of citizens with illiberal conceptions of the good. At the same time, I propose limits to this toleration in order to protect the individual freedom of progressive-minded citizens, as well as to guard children from severely harmful cultural practices. Whether the state should tolerate illiberal practices of illiberal minority cultures that only affect their own members, I claim, should depend on whether the following conditions are met: Their adult members are guaranteed substantive exit rights, i.e. rights to a realistic ability to change cultural affiliations. The cultural communities in question do not engage in illiberal practices that inflict severe harm on children. To realise condition, which forms the core of this dissertation’s ‘substantive exit rights strategy’, I argue that the state should take five measures. These include making an autonomy-facilitating education compulsorily for children, providing particular groups of defectors with financial assistance, and ensuring that the liberal majority culture is open to ex-members of illiberal minority cultures. By contrast, condition is not considered to be central to this dissertation’s substantive exit rights strategy, the reason being that it is dubious whether liberalism’s core commitment to the protection of individual freedom alone can justify a ban on cultural practices that severely harm children. Even so, it will become clear that adding this condition renders this approach more plausible. My central claim is that this dissertation’s substantive exit rights strategy better protects the individual freedom of members of illiberal minority cultures than the main rival liberal strategies, as proposed by Will Kymlicka and Chandran Kukathas. Whereas Kymlicka gives members of these groups too little liberty to engage in illiberal practices, I argue that Kukathas makes the opposite mistake of granting them too much liberty. In both cases, we will see that the individual freedom of some members of illiberal minority cultures is not appropriately protected. This holds true, I conclude, regardless of whether individual freedom is construed as personal autonomy or in a less demanding way, namely as ability to live in accordance with one’s conception of the good. (shrink)

This article presents a revised version of negative utilitarianism. Previous versions have relied on a hedonistic theory of value and stated that suffering should be minimized. The traditional rebuttal is that the doctrine in this form morally requires us to end all sentient life. To avoid this, a need-based theory of value is introduced. The frustration of the needs not to suffer and not to have one’s autonomy dwarfed should, prima facie, be decreased. When decreasing the need frustration of some (...) would increase the need frustration of others, the case is deferred and a fuller ethical analysis is conducted. The author’s perceptions on murder, extinction, the right to die, antinatalism, veganism, and abortion are used to reach a reflective equilibrium. The new theory is then applied to consumerism, material growth, and power relations. The main finding is that the burden of proof should be on those who promote the status quo. (shrink)

Disabled/“differently abled” persons by virtue of being human have the right to enjoy human rights to life, liberty, equality, security, and dignity. However, due to social indifference, psychological barriers, a limited definition of “disability” entitling protection of law, and a lack of proper data, disabled persons in India remain an invisible category. Although several laws exit to ensure their full and effective participation in society, they remain insufficient as they are primarily based on the government's discretion. At the (...) same time, whenever the judiciary finds an opportunity, it acts as a real protector of disabled persons, but it is not feasible to knock on the door of the judiciary for every request. Interestingly, various civil societies and human rights activists have occasionally asserted the rights of the disabled. However, unless the foundation stones of law are fortified, disabled persons cannot fully realize their rights. It is high time to enact effective laws, with timely implementation, to protect their interests and empower their capabilities that are based on a “rights-based approach” rather than on the charity, medical, or social approaches. Thus, the horizons of law must be expanded to provide a “human friendly environment” for all of the disabled to overcome the barriers that impair their development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 456-470 [Access article in PDF] Ethics without Exit:Levinas and Murdoch Bob Plant Hearts open very easily to the working class, wallets with more difficulty. What opens with the most difficulty of all are the doors of our own homes. —Emmanuel Levinas, Nine Talmudic Readings... there is no debt to acquit. From the outset, I am not exonerated. I am originally in default. —Emmanuel (...) Levinas, God, Death, and TimeIN HIS RECENT ARTICLE "Emmanuel Levinas and Iris Murdoch: Ethics as Exit?," C. Fred Alford highlights a number of insightful comparisons—and many important contrasts—between the respective conceptions of ethics proffered by Levinas and Murdoch. Alford's avowed objective is to "criticize Levinas sympathetically," or to "disrupt" what has come to be known as "the Levinas Effect" and the tendency of many commentators to make Levinas "become everything to everyone." 1 Given what one commentator calls "the facile 'postmodern' temptation to lump together all differences under the general rubric of the 'Other,'" 2 Alford's objective is, I believe, wholly commendable. (As Arthur Schopenhauer pithily remarks: "the man who is everyone's friend is no one's friend." 3) Nevertheless, in the following discussion I want to "disrupt" Alford's own reading of Levinas; not, I hope, to make the latter simply a conduit for saying "whatever.... [I] wanted to say in the first place" (p. 24), but to present a fuller picture of Levinas's singularly difficult, evocative and often puzzling philosophy. I shall do this by critically responding to and developing a number of points [End Page 456] Alford explicitly raises. To what extent my reading of Levinas aligns him with Murdoch, I leave for others far better qualified to assess.Let us be clear from the start, Levinas is—as Hilary Putnam rightly notes—a "moral perfectionist." 4 But this is not to say that Levinas's work is "otherworldly." Although Alford does not use this latter term, it is clearly implied in his analysis. Thus, contrasting Levinas and Murdoch, he remarks that, "like Levinas, Murdoch's goal is to go beyond the limits of the self. Unlike Levinas, Murdoch is content to remain within a world of beings" (p. 37), and likewise, that Murdoch wants us to "climb the ladder of love only high enough to be free of their vanity and egoism, but never so high as to leave the world behind" (p. 38). According to Alford, "the other is an abstraction for Levinas.... Only at a distance is the other abstract enough to remind us of infinity" (p. 25)—indeed, a "barely contained passion for otherness, exit, and transcendence runs through Levinas" (p. 40). In a similar vein we are told that, for Levinas, "the self is remarkably real, a tangible fleshy thing.... and a barrier to infinity," and it is "for this reason,... a shattering experience is necessary, like that of Saul on the road to Damascus, an experience that does not bring me closer to my deliverer.... Only this can open me up—not to reality, but to infinity" (p. 38). More pointedly still, Alford asserts: "Levinas was never interested in the concrete reality of the other person, whose fleshy reality can only get in the way of transcendence" (p. 37). Thus, although he acknowledges that Levinas "often writes about ethical relationships as though they were real relationships with real people" ("what is not true is that Levinas is talking about some Other more august and transcendent than real other people.... we know the infinite only through other people"), Alford nevertheless defends his own "turning to Murdoch" on the grounds that she is "a theorist who remains strictly within the realm of everyday life, finding there subtleties of knowing, caring, and being that Levinas believes come only by way of the infinite" (p. 34).While Levinas's attitude toward the "everyday" or "ordinary" is hardly transparent (after all, the imperative of the other's face is said to come "from most high outside the world" 5 ), Alford overstates the "otherworldly" aspect of the former's ethics. Against the allegation that Levinas... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Carolina Hotchandani 633 Wash That Man Right Out of My Hair Now it happened that Metis was going to have a daughter, and she sat inside Zeus’s head hammering out a helmet and weaving a splendid robe for the coming child. Soon Zeus began to suffer from pounding headaches and cried out in agony. All the gods came running to help him, and skilled Hephaestus grasped his tools (...) and split open his father’s skull. Out sprang Athena, wearing the robe and the helmet, her gray eyes flashing. Thunder roared and the gods stood in awe. —from “Athena,” in D’Aulaire’s Book of Greek Myths, 1962 I’ve never met the doctor who happens to be on call when I go into labor. A sweet-smelling aftershave precedes him into the delivery room. We’re gonna get that baby right out of you, he says, pulling a latex glove over one hand and stretching the opening wide so it snaps back with a loud smack against his wrist. I want those hands nowhere near me. I imagine him coaching little league, tapping his baseball cap to send signals to tiny players in the outfield. He chews gum for the entirety of my labor. After I push with all my might for three and a half hours and the baby has still not moved, he says with a half-wink, Poor thing. You’ll be so sore when this is all over. The baby’s been out of me for a while now, but that man is still inside. I go over what happened again and again, desperate to find the angle through which he exits the scene and stays gone. He sees himself from the outside: a hero who enters the scene in medias res, scenting the room with sweet nectars. He will stop in, introduce himself, smile his neighborly smile, before he sets off on a journey through the hospital. Doors will open, doors to women splayed on beds. Women 634 Carolina Hotchandani writhe; women scream in pain. Some will be monstrous—Scyllas and Charybdises among them. Their wounds will gape. Their wombs will pull against his virile strength. They hold the center of the earth within them; theirs, the blood of the wine-dark sea. Do not waver; do not let their currents steer you. Skate above the dark waters. Wait to come through the door till they quake, till they halve. Stand back till they split in two. Then sew them up, and it’s you, it’s you who’s made them new! Pull that man right out of my head. Let me be Zeus on this hospital bed.... (shrink)

The consequences of foreign direct investment (FDI) for human rights protection are poorly understood. We propose that the impact of FDI varies across industries. In particular, extractive firms in the oil and mining industries go where the resources are located and are bound to such investment, which creates a status quo bias among them when it comes to supporting repressive rulers (“location-bound effect”). The same is not true for nonextractive multinational corporations (MNCs) in manufacturing or services, which can, in comparison, (...) exit problematic countries more easily. We also propose that strong democratic institutions can alleviate negative impacts of extractive FDI on human rights (“democratic safeguard effect”). Using U.S. FDI broken up into extractive and nonextractive industries in 157 host countries (1999–2015), we find support for these propositions.1 Extractive FDI is associated with more human rights abuse, but nonextractive FDI is associated with less abuse, after controlling for other factors, including concerns about endogeneity. We find also that the negative human rights impact of extractive FDI vanishes in countries where democratic institutions are stronger. Our results are robust to a range of alternative estimation techniques. (shrink)

Against a widely-held interpretation of Kant’s political philosophy, according to which Kant holds that all finite rational beings have an innate right to freedom as well as a duty to enter into a civil condition governed by a social contract in order to preserve that freedom, Robert Hanna contends that Kant is in fact an anarchist. Hanna’s argument for his novel thesis that Kant ultimately views the State as an unjustifiably coercive institution that should be eliminated depends heavily on (...) the claim there is an outright conflict between Kant’s political theory in The Doctrine of Right and Kant’s ethics. I argue that we should resist Hanna’s provocative claim that Kant’s ethics directly falsifies his official political theory. Further, I suggest that even morally autonomous Kantian angels need the State to guarantee the protection of their external freedom and to promote justice. (shrink)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of (...) groups including ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights, or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship (...) in a world state – a conception of citizenship that is not countenanced by the UDHR – one must interpret the human right to citizenship as a universal right to a particular group right. Other UN Conventions affirm the right of national minorities and indigenous people to cultural autonomy.[1] In these cases the right attributed to the group is understood as protecting an individually held human right to freedom of religion, association, or cultural expression. Because these individual rights are exercised collectively and exclusively, they ensure that individual members of a particular group have the freedom to act unhindered by outsiders. However, groups often view their right to freedom of religion, association, and cultural expression in an entirely different way. Not only do they wish that their individual members be free from outside interference but they wish to be freely self-determining as a group. That is, they wish to collectively define their own identity, including the identity of their individual members, according to the dominant views of the majority. This right to collective self-determination entitles a group to limit the full exercise of its members’ human right to act as they wish whenever the group determines that this exercise endangers the identity of the group. In these cases, the internal threat to the group’s cultural identity posed by the heterodox practices of its own members appears to be indistinguishable from the external threat to the group’s cultural autonomy posed by outsiders. I shall argue that groups are sometimes morally entitled to limit the exercise of their members' human rights under certain conditions.[2] In some respects the notion of limitation operant here is familiar to us from our own understanding of what liberal democratic societies legitimately demand of their citizens. No right – human or otherwise – is exercised unconditionally, since rights sometimes conflict with one another and their possession is contingent upon respecting the rights of others, which normally involves accepting some limitations on what may be said or done. Laws merely codify how the majority understands these limits. Also, many philosophers have argued that the meaning of human rights is far from settled, so that even a liberal democratic interpretation of rights of the sort that is contained in the first article of the UDHR is far from being universally accepted.[3] Leaving aside the possibility that human rights do not entail the extensive liberty associated with a liberal understanding of them,[4] I shall argue that groups can sometimes be morally justified to limit the expressive liberty of their individual members so long as they are both ontologically and morally legitimate and provide dissenters with reasonable opportunities for exit. [1] These include the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and the Declaration of Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. [2] Following Thomas Pogge, I regard human rights as claims that individuals raise against institutions that are supposed to guarantee them the conditions and resources necessary for leading a minimally decent human life. Because institutions are imperfect and fallible, assessing their compliance with human rights involves weighing their overall success along a number of variables which normally preclude simple judgments that fall into the either/or of fully satisfying or fully violating a human right. An institution may perform reasonably well in insuring that almost all of the persons on whom it is imposed are relatively successful in enjoying human right X but not human right Y; likewise, it may insure that some persons on whom it is imposed have greater success in enjoying a human right than others. [3] Article 1 states that “All human beings are born free and equal in dignity and rights.” This article can be given a distinctly liberal interpretation if “equal” is understood as “same” and “rights” are understood in to include political rights to equal participation in government and “freedom to manifest his religion or belief in teaching practice, worship, and observance” “in public or private”. [4] There has been an extensive debate over whether human rights, understood as claims that individuals raise against the social institutions that are imposed on them, reflect a conception of individual self-assertion that is universally valid for all societies or only for liberal societies that have embarked upon a Western course of modernization. Some, like John Rawls, have sought to circumvent this impasse by defining the list of universally valid human rights minimally, and in terms that do not imply robust notions of freedom and equality of the sort associated with the Western liberal constitutional tradition. (shrink)

Ost S. Drs Bramhall and Bawa-Garba and the rightful domain of the criminal ….

Within the narrative fora.d.32, Tacitus recreates a spirited speech delivered before the Senate by theequesMarcus Terentius (Ann. 6.8), defending himself retrospectively for having been a ‘friend’ of Sejanus. This speech, the only extended speech inoratio rectato feature inAnnalsBook 6, is historiographically rich and suggestive.This article first analyses the speech as a compelling piece of oratory in its own right. It then explores the provocative mirroring of another important speech in Curtius Rufus (7.1.19–40). This is where the general Amyntas, defending (...) himself before Alexander the Great against charges of participation in an alleged conspiracy, refuses to deny his friendship with the conspirator Philotas (now dead). Scholars have rightly acknowledged the significant intertextuality of these two speeches in Curtius Rufus and Tacitus. Yet the interest in this mirroring between Amyntas and Terentius has overshadowed another important intertext. This article demonstrates how Tacitus also engages with a programmatic moment from the opening of Virgil'sAeneidwhen Aeolus is cajoled by Juno to unleash a devastating storm. Terentius wittily casts Tiberius as a powerful divinity whose whims had to be obeyed and himself as a helpless Aeolus doing his will.This article demonstrates that the two passages from Virgil and Curtius Rufus underpinning Terentius’ speech work together powerfully, challenging Tacitus’ readers to reflect on the difficulties of ‘speaking to power’ and on the compromises involved for men like Terentius in negotiating the complex political realities of the imperial system. (shrink)

The central argument developed in this essay is that today we are seeing a proliferation of normative orders where once state normativity ruled and the dominant logic was toward producing a unitary normative framing. One synthesizing image we might use to capture these dynamics is that of a movement from centripetal nation-state articulation to a centrifugal multiplication of specialized assemblages. This multiplication in turn can lead to a sort of simplification of normative structures insofar as: these assemblages are partial and (...) often highly specialized formations centered in particular utilities and purposes. The valence of these particular utilities and purposes can range from the search for justice to narrow self-interest . While this is still a minor process in the larger scale of our geopolity, it signals the beginning of a multi-sited, though partial, disruption of its existing formal architecture. This raises questions about the future of crucial frameworks through which modern societies, economies, and polities have operated: the social contract of liberal states, social democracy as we have come to understand it, modern citizenship, and the formal mechanisms that render certain claims legitimate and others illegitimate in liberal democracies. These frameworks have held together complex interdependencies between rights and obligations, power and the law, wealth and poverty, allegiance and exit.Keywords: assemblages; normative; globalization; denationalization; centripetal; centrifugal; utilities; logics; liberal state; claims. (shrink)

It is widely believed that there’s a right to emigrate. But what justifies this right? This paper explores this issue. It first argues that existing defenses of the right to emigrate are incomplete. It then outlines a novel egalitarian defense of the right to emigrate, on which that right is in part justified as a protection against social inequality. After considering objections, it argues that this account of the right to emigrate entails a limited (...) right to immigrate and that states are under a collective duty to institute a global migration system which protects effective exit. (shrink)

This article studies the chronic and acute anomic social impacts of the development of market societies in Europe over the past few decades. Focusing on the firm but linking micro and macro levels, it argues that the passage from the welfare state to disembedded markets and neoliberal governance has generated individual and collective anomie by depriving social actors of agency and voice while caging them in the disciplinary constraints of an ideal competition society. Promoted by public and private governors animated (...) by visions of managerial omnipotence, this reconfiguration has hollowed out the cluster of rights that was the basis of democratic and social citizenship in Europe. The article discusses the manifestations of anomie, stressing the violence flowing from the radical uncertainty to which atomized employees and more broadly citizens are facing in the reification of collective goals, which have been reduced to participation in market society. Drawing on the classical literature (Durkheim, Parsons, Merton) but expanding upon it, the article examines exit solutions, at the individual and collective levels, involving violence against the self (suicide) and others (mobbing, xenophobia, fascism), and concludes that Europe seems to be heading towards a protracted period of danger-laden chronic and acute anomie. (shrink)