This chapter contains sections titled: God and I God and the Teenage I – The Theodicy Fiasco God and the Adult I – Harmful Religious Beliefs at Life's Beginning God and the Adult I – Harmful Religious Beliefs During Our Lives God and the Adult I – Harmful Religious Beliefs at Life's End Why I Speak Out Notes.

The aim of this study was to determine the opinions of private medical practitioners in Bloemfontein, South Africa, regarding euthanasia of terminally ill patients. This descriptive study was performed amongst a simple random sample of 100 of 230 private medical practitioners in Bloemfontein. Information was obtained through anonymous self-administered questionnaires. Written informed consent was obtained. 68 of the doctors selected completed the questionnaire. Only three refused participation because they were opposed to euthanasia. Respondents were mainly male (74.2%), married (91.9%) (...) and Afrikaans-speaking (91.9%). More were specialists (53.2%) than general practitioners (46.8%). A smaller percentage (35.5%) would never consider euthanasia for themselves compared to for their patients (46.8%). The decision should be made by the patient (50%), the patient’s doctor with two colleagues (46.8%), close family (45.2%) or a special committee of specialists in ethics and medicine (37.1%). The majority (46.9%) indicated that euthanasia should be performed by an independent doctor trained in euthanasia, followed by the patient’s doctor (30.7%). Notification should mainly be given to a special committee (49.9%). Only 9.8% felt that no notification was necessary. There was strong opposition to prescribing of medication to let the patient die. Withdrawal of essential medical treatment to speed up death was the most acceptable method. Although the responding group was fairly homogeneous, responses varied widely, indicating the complexity of opinions. (shrink)

This study investigated gender related moral reasoning in student essays containing arguments on moral issues. Undergraduate students in a medical ethics course viewed two films on morally controversial issues. The students wrote brief essays about the films which were transcribed and numerically coded to conceal the author's gender from the evaluator. Using a coding scheme originated by Lyons, the evaluator classified each essay as a justice/right essay or a care/response essay or an equal response essay. Subsequently, calculations were made to (...) determine the percentage of male authored essays that were justice/rights essays or care/response essays and the percentage of female authored essays that were justice/rights or care/response essays. The males (87.7%) tended to exhibit the justice/rights moral orientation, and the females (69.4%) exhibited the care/response moral orientation. Several different calculations were made to determine various degrees of gender related orientations also. The difference in orientation was highly statistically significant (p≤0.001). These data contribute to understanding moral orientation and development. Interpretations are given to explain some differences between the genders and help explain the traditional roles in society that males and females have played historically. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self- (...) class='Hi'>determination is more than a principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in (...) a different light, with interesting consequences both for international law and for philosophical debates about the rights of minorities. (shrink)

Gillian Brock’s compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration. There is much to celebrate in these chapters, not least Brock’s masterful effort at weaving together her basic justificatory framework with real-world political concerns. In this article, I query the focus she places on self-determination in setting out the basic normative argument elaborated in Chapters 2, 3, and 9. In particular, I will wonder whether she gives (...) the collective self-determination of a people anything more than instrumental value, and so whether she is able to distance herself from so-called proponents of “open borders”. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable (...) state could enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

If self-determination enables one to know truths and rule oneself, then it’s central to metaphysics and ethics because metaphysics concerns truths, and ethics grasps good actions requiring self-rule. Aristotle and Mencius agree about the relation between metaphysics and ethics. Nevertheless, closer examination shows differences in their conceptions of the self, how it knows truths, the nature of truth, and the effectiveness of the wise/virtuous on the world. Given the significance of self-determination to theory and (...) practice, comparing Mencius’s and Aristotle’s views illuminates it and the challenges for each author’s view. (shrink)

What weight should we place on self-determination, democracy, human rights and equality in an account of migration justice? Anna Stilz and Andrea Sangiovanni offer insightful comments that prompt us to consider such questions. In addressing their welcome critiques I aim to show how my account can help reduce migration injustice in our contemporary world. As I argue, there is no right to free movement across state borders. However, migrants do have rights to a fair process for determining (...) their rights. Democratic communities should have scope to make many migration decisions, although there are constraints on that self-determination. The migration governance oversight arrangements I favor are compatible with core requirements of agency and responsiveness that are operative in mature democracies. In responding to concerns about objectionable power inequalities that often characterize temporary worker programs, I show why addressing these issues requires various institutional protections that are well enforced. Robust migration governance arrangements can assist in formulating defensible migration policies that we can implement here and now as we aim to reduce migration injustices in our current world. (shrink)

Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. (...) And, I shall argue, certain leading theories of self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

There are arguments for determinism. Admittedly, this is opposed by the fact of everyday experience of autonomy. In the following, it is argued for the compatibility of determinism and autonomy. Taking up considerations of Donald MacKay, a fatalistic attitude can be refuted as false. Repeatedly, attempts have been made to defend the possibility of autonomy with reference to quantum physical indeterminacy. But its statistical randomness clearly misses the meaning of autonomy. What is decisive, on the other hand, is the possibility (...) of knowledge, which opens up opportunities for planning, freedom of choice and ultimately 'self-choice'. Results of neurobiological research, especially Benjamin Libet's and more recently John-Dylan Haynes', seem to refute this: Actions are unconsciously initiated before conscious decision. But, as Libet has also shown, consciousness always has the possibility of a veto – and thus also of knowledge-driven action control. Ultimately, the idea of possible self-choice can thus become the determining condition. Only such a form of rational self-determination establishes a spiritual identity and at the same time represents the maximum of autonomy possible for human beings. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply (...) peace among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. (...) However, once this has been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

RésuméLa responsabilité individuelle de l'homme est une notion centrale en théologie musulmane. Or une justification rationnelle de notre responsabilité morale présuppose que nos actes sont d'une certaine manière sous notre contrôle. Pour les théologiens, il était donc important de formuler une théorie de l'acte humain qui tienne compte de l'autodétermination humaine. Cet article analyse les réflexions d'al-Bāqillānī au sujet de l'acte humain dans le contexte des discussions qui eurent lieu en son temps. Je récapitulerai brièvement la théorie muʿtazilite du libre (...) arbitre, théorie à laquelle s'opposa l’école ašʿarite en formulant sa propre position. Ensuite, j'esquisserai les fondements du point de vue d'Abū al-Ḥasan al-Ašʿarī qui proposa de fonder l'autodétermination humaine sur le caractère volontaire de l'acte humain. Finalement, je discuterai comment al-Bāqillānī développe sa théorie en partant des idées d'al-Ašʿarī. Sur la base des volumes préservés de la Hidāyat al-mustaršidīn d'al-Bāqillānī, j'argumenterai qu'il envisage de donner plus de cohérence à la célèbre théorie de l’ “acquisition” en soutenant deux principes: a) l'acte humain est créé par Dieu; b) il existe cependant une corrélation réelle entre l'homme et son acte “acquis”. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside (...) within its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

In this article, we develop and defend an account of the normative significance of nonhuman animal agency. In particular, we examine how animals’ agency interests impact upon the moral permissibility of our interactions with them. First, we defend the claim that nonhuman animals sometimes have rights to self-determination. However, unlike typical adult humans, nonhuman animals cannot exercise this right through the giving or withholding of consent. This combination of claims generates a puzzle about the permissibility of our interactions (...) with nonhuman animals. If animals sometimes have rights to self-determination, but lack the capacity to consent, then when, if ever, is it permissible for us to touch them, hold them, bathe them, or confine them? In the second half of the article, we develop a solution to this puzzle. We argue that while we cannot obtain animals’ consent, they can engage in authoritative communications of will through acts of “assent” and “dissent.”. (shrink)

I argue that Kant acknowledges two models of spontaneous self-determination that rational beings are capable of. The first model involves absolute unconditional necessity and excludes any form of contingency. The second model involves (albeit not as a matter of definition) a form of contingency which entails alternative possibilities for determining oneself. The first model would be exhibited by a divine being; the second model is exhibited by human beings. Human beings do, however, partake in the divine (...) model up to an extent, namely, as far as the legislative spontaneity of their law-giving faculties are concerned. I conclude by suggesting that for Kant, the mechanistic principle that we are exclusively determined by natural causes poses a twofold threat for human agency. In one respect (in relation to the second model), it threatens us with the obliteration of contingency, or with the universality of hypothetical necessity. But in another respect (in relation to the first model), it threatens us (and our putative "laws") with the obliteration of absolute necessity, or with the universality of contingency. (shrink)

Emerging reprogenetic technologies may radically change how humans reproduce in the not-so-distant future. One foreseeable consequence of disruptive innovations in the procreative domain is an increase in the reproductive autonomy of intended parents. Regarding the prospective parental liberty of enhancing non-health–related traits of the offspring, one controversy has particularly dominated the literature. Does parents' choice of genetically enhancing the traits of their descendants compromise children's future personal autonomy? In this article, I will analyse the main arguments which posit that reprogenetic (...) enhancement could be at odds with the child's future autonomy. I will argue that these objections are ill-founded. Moreover, I will present other arguments that show that reprogenetic technologies can enhance the autonomy of future children. Autonomy enhancement is a plausible and pro tanto desirable application of emerging reprogenetic technologies. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in (...) 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

The main topic of this paper will not be the notoriously difficult metaphysical question of freedom and determinism. An act of will is either determined by a causal chain of previous events or is a mere chance event. In either case there seems to be no room for freedom. This question is of such a high level of conceptual generality that it applies not only to human freedom but to any being that acts for reasons, even beings that lack (...) a brain. In this paper I try to answer the question whether freedom is possible for beings endowed with a brain. Can a being whose mental life involves a functioning brain determine its own actions? I will proceed in two steps. First, I will discuss a recent experiment that seems to prove empirically that freedom of the will is an illusion. I will argue that this kind of research is methodologically misguided. Then I will go on to discuss some of the metaphysical issues that must be dealt with if one wants to address the question whether freedom of the will is possible for a being endowed with a brain. And then I will ask if such a metaphysics is compatible with our best empirical theories. (shrink)

Odon Lottin, O.S.B. was an historian and a moral theologian. As an historian, he studied the scholastic attention to human psychology and morality. As a theologian, he studied the roles that thought and action play in the development of the moral agent. His influence in historical and moral theology has been significant. Nonetheless, moralists and medievalists independently have appropriated his insights. No one has yet studied the relationship between his historical investigations and his moral theology. This work accomplishes that (...) study. ;This dissertation considers Lottin's contributions to both historical and moral theology. Lottin studies the medieval history and understanding of free choice, moral action, the acquired virtues and conscience. He traces this history to uncover specific ideas, expose the development of thought, recognize the emergence of consensus, and find whether satisfying resolutions were achieved. Many of his contemporaries in the manual tradition misinterpreted this history. This misinterpretation was due to their inaccurate or undeveloped historical method. And, just as there was deficiency in their method, there were significant shortcomings in the scope of their theological investigations. Thus, by looking back to history, Lottin presents a moral theology more substantive than the manuals. Each of the first four chapters of this dissertation presents Lottin's historical studies of the major debates, examines his incorporation of that material into his own contribution to the debates' resolutions, and concludes with how his work has been appropriated and where it may yet lead. The final chapter considers Lottin's contribution to the discipline of moral theology. ;Moral theology can neither be ahistorical nor impersonal. Lottin's work demonstrates the necessity of accurate history for interpretation and of critical reflection on the cause of human action. His return to medieval moral theology is a return to human agency. His agent-centered moral theology retrieves prudence and the moral virtues as dynamic means for rightly forming consciences and determining action. Historical and agent-centered moral theology is concerned with theory and practice. The theory of the moral life looks at human intentionality, the practice is its free expression; together they comprise the meaning of self-determination. (shrink)

Papers addressing the role which human motivation plays in a wide range of specialties including clinical psychology, internal medicine, sports psychology, ...

A unique synthesis of the contemporary, Anglo-American philosophical approach with an abiding concern for classical philosophical problems. This book seeks to clarify the precise structure of self-consciousness and self-determination and elucidates their significance for our philosophical understanding of self-knowledge and human agency.The analysis challenges traditional models of theoretical self-knowledge and practical self-relation and elaborates an account of rationally grounded responsibility that jointly fulfills the demands of autonomy and authenticity.Tugendhat's study is a unique synthesis (...) of the contemporary Anglo-American philosophical approach with an abiding concern for classical philosophical problems. It brings the methods of linguistic analysis to bear on such epistemological, moral, and metaphysical issues as the meaning and interconnections of self-knowledge, ego identity, rational self-understanding, and freedom of the will. In this context, the views of Wittgenstein, Heidegger, Mead, and Hegel are searchingly examined. The philosophical testimony of Kierkegaard, Freud, Habermas, and others is also presented and weighed. Self-Consciousness and Self-Determination is based on a series of lectures given at Heidelberg. The book is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Behind the frequent occurrence of business scandals, it is often the silence and connivance of organizational immorality. Moral voice, a kind of employee active moral behavior, inhibits and prevents the organizational unethical phenomenon. Some researchers have sought to explore how to arouse employee moral voice. However, the limited studies mainly investigated the antecedents of leadership styles, ignoring the impact of the organizational factor on moral voice. Based on the self-determination theory, the current study constructs a theoretical model about (...) how socially responsible human resource management (SRHRM) affects employee moral voice via autonomous motivation and controlled motivation and further considering the moderating role of person–organization value fit. From a two-stage research method and the analysis of 260 valid data, we found that SRHRM promoted employee moral voice and this positive linkage was mediated by autonomous motivation but not by controlled motivation. Besides, the findings also revealed that person–organization fit moderated the indirect influences of SRHRM on moral voice via autonomous motivation, such that the indirect influence was stronger for a high level of person–organization value fit than the low level of person–organization value fit. Some theoretical and practical implications also be discussed. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into (...) consideration our attributes as persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

In a period in which the concept of self‐determination has become a cliche, it seems astonishing that it occupies the center of the historical stage in the various searches for a community in the horn of Africa. Thus, the concept itself might indeed have been a cliche, but not for the millions of human beings that have sacrificed, and continue to sacrifice, their lives for the sake of a way of life that the concept promises.

On 26 February 2020, the German Constitutional Court rejected a law from 2015 that prohibited any form of ‘business-like’ assisted suicide as unconstitutional. The landmark ruling of the highest federal court emphasised the high priority given to the rights of autonomy and free personal development, both of which constitute the principle of human dignity, the first principle of the German constitution. The ruling echoes particularities of post-war Germany’s end-of-life debate focusing on patient self-determination while rejecting any discussion (...) of active assistance to die through a lethal injection administered by a doctor. This brief report discusses the ruling in the light of the broader sociopolitical and historical context of the German end-of-life debate. (shrink)

“Sustainability” is widely used by diverse organizations as the normative direction to coordinate common actions. But what should we sustain or maintain? Through philosophical reasoning and a literature review in environmental ethics, this paper explores this question and develops a working definition of “sustainability” that intends to be compatible with the global diversity of worldviews. I argue that sustainability is the maintenance of the conditions of possibility of continuation of (1) self-determining flourishing human existences. It entails (2) maintaining (...) the natural processes of the global environment autonomous to limit the possible harmful consequences of the conflicts of distribution and domination, and (3) cultivating meaningful, diverse, and adaptable nurturing milieus. This definition encompasses the three intricate ideas of self-determination, autonomy of the global environment, and diversity. Self-determination as well as the preservation of the autonomy of global environmental processes are crucial elements to prevent the unescapable domination of some powerful groups and worldviews over others. Diversity is also a key piece of the sustainability puzzle as it provides ranges of options that make self-determination possible. This paper proposes an inclusive and flexible working definition of sustainability that is mindful of the global diversity of worldviews. (shrink)

Respect for autonomy and self-determination is a central principle in nursing ethics. Autonomy and quality of life are strongly connected, and, at the same time, autonomy is an important quality indicator on how older persons' housing functions. In this study, autonomy was conceived as self-determination. The aim of the study was to describe how older people living in sheltered housing experience self-determination and how they are valued as human beings. Eleven persons living in (...) five different housing facilities for older people in southern Sweden were interviewed. The data were analysed by manifest and latent qualitative content analysis. The overall theme expressing the latent content in the interviews emerged as disempowerment, which implied an environment that does not strengthen individual self-determination. The results showed a negative experience of how these older people thought they were valued in the sheltered housing where they lived. In sheltered housing, more attention should be paid to residents' self-determination and sense of value. (shrink)

This book develops an evolutionary account of animal choice and human freedom, thus supplementing the conceptual account of freedom with an explanation how it developed.

One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was (...) given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent developments in international law may allow for a more normatively coherent approach to the problem. (shrink)

Inspired by a discussion about whether John Paul II grounded human dignity in a Kantian way, viz., emphasizing the person as an end unto itself, the author considers: (1) the relations between Kant and Aquinas on the topic of the philosophical basis of human dignity, and (2) John Paul II’s remarks on Kant’s ethics. He concludes that: (1) both Kant and Aquinas ground human dignity upon human freedom, but both understand the human freedom differently; (2) (...) for Kant, human freedom is self-legislating and so exercised without rational direction; (3) the Thomistic notion of freedom is compatible with rational direction which consists, e.g., in the human understood as an intellector of being or as a willer of the good, though neither seem to be exploited by Wojtyla. (shrink)

This paper offers a reading of key passages in Hegel’s Philosophy of Spirit, which can serve as the basis for an argument to discuss the shortcomings of two contemporary readings of Hegel’s notion of ‘second nature’. It investigates two micro-processes which Hegel discusses within his Philosophy of Spirit, the process of transition from sound to speech and the process of transition from natural will to ethical will. Thereby, the text is able to mark the differences between mere habit, second nature (...) of an ethical agent, and self-mediated self-determination of spirit. Second nature is neither a falling back into nature and therefore a limitation of human freedom, nor is it a notion that in itself could explain the process of Bildung as Hegel sees it. Instead, second nature should be understood within the framework of freedom as practical self-determination which allows spirit to relate to itself as other through its product. (shrink)

As Part of the Omnibus Budget Reconciliation Act of 1990, the Patient Self Determination Act legislates new responsibilites for healthcare facilities. The authors served as members of the California Consortium on Patient Self-Determination, and the materials produced by this group offer healthcare facilities a valuable guide for implementing the PSDA. The ACt follows a historical trend led by doctrines of informed consent and increasing patient autonomy regarding rights to accept or refuse medical treatment and to execute (...) advance directives. The requirements of the Act will influence healthcare facilities and how they communicate with patients about advance directives. Although the Act seeks to increase awareness of advance directices among all participants in healthcare interactions, it could pose major stumbling blocks to providing sensitive and humane care if certain concerns are nor addressed adequatley. The benefits of the Act could be far reaching and substantial for patients and healthcare facilities alike. (shrink)

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some (...) implications of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco‐systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross‐jurisdictional information for future developments and opportunities in the interests of environmental conservation. (shrink)

This response to Robert Knox’s very kind and constructive review1 of my 2008 book The Degradation of the International Legal Order: The Rehabilitation of Law and the Possibility of Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my arguments. First, I restate my attempt at a materialist account of human rights. Next I (...) explain why, for me, the right of peoples to self-determination is absolutely central to a materialist understanding of human rights; and also fill a serious gap in my own account in the book. This leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international law, but also to a disagreement with him on the use or misuse of the language of self-determination. My fourth section returns to our very different evaluations of the significance and meaning of the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish question. Finally, I present an outline of a re-evaluation of Marx’s principled position on self-determination. (shrink)

This study describes the results of a retrospective review of patients' charts who had an advanced directive (AD) and who were hospitalized in a tertiary, acute care teaching hospital. The purpose of the review was to understand from clinical, sociological, ethical and legal perspectives the nature and utility of ADs. Findings and implications of the review are discussed in terms of: patient demographics; diagnoses; quality of ADs; influence of ADs on clinical decisions; and legal aspects of ADs.

This paper presents a Thomistic analysis of addiction that incorporates scientific, philosophical, and theological features of addiction. I will argue first, that a Thomistic hylomorphic anthropology provides a cogent explanation of the causal interactions between human action and neuroplasticity. I will employ Karol Wojtyła’s account of self-determination to further clarify the kind of neuroplasticity involved in addiction. Next, I will elucidate how a Thomistic anthropology can accommodate, without reductionism, both the neurophysiological and psychological elements of addiction, and (...) finally, I will make clear how Thomism can provide an ethics and a theology of grace that can be integrated with these ontological and scientific considerations into a holistic theory of addiction. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific (...) principle of free and prior informed consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, Peru, (...) and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)