In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and (...) move it ahead by rethinking some of its fundamental premises and by applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and by addressing urgent issues in contemporary global policy making. (shrink)

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade (...) and fair-trade issues pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as (...) moral rights. With concepts on universality, a new cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most (...) reliable judgment standard for weak paternalism -- Liberty rights and privacy rights -- Clarifications and responses to objections -- Conclusion. (shrink)

The reflection of global justice demands an innovative revision of traditional patterns of argument of political theory. How can moral responsibility be defined in connection with intergovernmental action? Ethical, institutional, and logical implications of a human legal foundation of intergovernmental justice are discussed in three theoretical chapters in this book. Further chapters deal with the structure of intergovernmental responsibility in connection with ethics of peace, humanitarian intervention, the fight against poverty, as well as migration. Moreover, the book (...) analyzes governmental liability and collective political duties towards individuals, who are citizens of other states. (shrink)

This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...

"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.

Given the fact that the prevalent political debates about the status and significance of liberty and welfare are almost polarised, this book defends both of them as essential to human dignity and well being. Amartya Sen's capability approach is the result of his constructive criticism of John Rawls' political liberalism. Though Jacques Maritain is often regarded as the forerunner of Rawls, he has not yet been discussed in relation to Sen's capability approach. Despite Maritain's pioneering contributions to human (...) rights discourse in the twentieth century, his personalism only insufficiently reflects and explains the demands of welfare rights. In view of this shared deficit in liberal traditions, this book argues that Sen's human rights discourse, with its 'goal rights system,' persuasively integrates both liberty and welfare rights. In addition, it merges both human rights and human development discourses, consequently laying a solid foundation for a rights based approach to development"--Publisher's website. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, (...) yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to (...) which it might stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

The Ethics of Interdependence explores new global human rights duties through four case studies: mass incarceration in the United States, LGBT rights in Africa, women's rights in Saudi Arabia, and environmental rights in China. William Felice presents a 'human rights threshold' to identify unacceptable levels of human suffering that require urgent action by individuals, nations, and global institutions"--Provided by publisher.

Introduction -- Globalization, human rights and the environment -- Human rights : moral authority and philosophical doubts -- The contemporary human rights regime : some criticisms and an alternative -- Environmental sustainability and environmental values -- The institutions of sustainability : citizenship, democracy and justice -- Rights or sustainability; rights and sustainability?

This is a direct challenge to the notion of library neutrality, especially in the present context of war, revolution, and social change. This book locates library and information workers as participants and interventionists in social conflicts. The strategies for social action worldwide were chosen because of their connection to elements of the Universal Declaration of Human Rights (1948) that relate particularly to core library values, information ethics, and global information justice. This book also encourages readers to pay attention (...) to links between library and information work and the following solidarity rights not currently incorporated into any legally-binding human rights framework. The aim is primarily at librarians, archivists, educators and students. Content consists of essential concepts presented in accessible terms (e.g., critical librarianship, information ethics, global information justice, human rights), along with a practical orientation to action on contemporary issues (e.g., intellectual freedom, intellectual property, preservation, cultural destruction, censorship, public access to government information, commercialization, academic freedom, workplace speech, international relations, anonymity, privacy, confidentiality, human security, national security policies, transborder data flow, and information poverty). (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. _The Ethics of Abortion_ critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is not wrong (...) even if the human fetus is a person. _The Ethics of Abortion_ examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being “personally opposed” but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are morally wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. (shrink)

The concept of jus post bellum deals with moral considerations in the aftermath of conflict and is concerned with how a just peace should look like. This paper analyses the concept of jus post bellum as developed by contemporary Just War theorists. Its aim is to provide a critical perspective on the proposed substantial scope of this concept. In other words, it will consider the question: in restoring peace after war, is it justified for just combatants to change the (...) political structure of a defeated aggressor? The piece will be divided into two main parts. First, through a review of the literature, I define the current state of the art on jus post bellum thinking in relation to a number of key aspects of this concept. What does241 it entail? Which principles is it made of? What sort of activities do just war theorists speak about when they speak of creating a just peace? Second, I focus on the principle of ?political rehabilitation? of the defeated state: is it permissible? Under what circumstances? While considering these questions and authors' views on this matter, the paper will provide a critical reappraisal of the current debate on the justifiability of political reconstruction in post-conflict states. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. This _Second Edition_ of _The Ethics of Abortion _critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also post-birth abortion. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view (...) that abortion is not wrong even if the human fetus is a person. _The Ethics of Abortion _examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being "personally opposed" but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are ethically wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. Updates and Revisions to the Second Edition include: -A response to Alberto Giubilini’s and Francesca Minerva’s now famous 2012 article, "After-Birth Abortion" in the _Journal of Medical Ethics _ -Responses to new defenses of Judith Jarvis Thomson’s violinist argument -The addition of a new chapter on gradualist views of fetal moral worth, including Jeff McMahan’s Time-Relative Interest Account -The addition of a new chapter on the conscience protection for health care workers who are opposed to abortion -Responses to many critiques of the first edition, including those made by Donald Marquis, David DeGrazia, and William E. May. (shrink)

Based on the author's award-winning and hugely popular undergraduate course at the University of Texas, this book explores these questions and the fundamentally sociological processes which underlie the quest for morality and justice in ...

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support (...) of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement”. (shrink)

First published in 1977. Ethics is the most practical branch of philosophy: its immediate concern is with people's actions. Yet most philosophers do little to relate ethics intelligibly to the human situation. In this inquiry into the nature of ethics, William Ash draws on the relevant works of Marx, Engels, Lenin and Stalin to present the theory and practice of Marxist ethics. He offers an explanation of the moral aspect of Marx's dictum: 'The philosophers have only interpreted the (...) world, in various ways; the point, however, is to change it.' The book includes, perhaps for the first time in so considered a form, an assessment of Mao Tsetung's contribution to Marxist moral philosophy, together with the ethical implications of such developments in social practice as the Proletarian Cultural Revolution. The author deals with the question of value by analysing the concept of 'good'; with the question of claims on people and things by analysing the concept of 'right'; with the question of the limits and scope of freedom of choice and action by analysing the concept of 'ought'.' Clearly written in order to 'de-mystify' the subject, the book challenges readers to test the author's enlightened, Marxist approach in terms of the ethical ordering of their own society. (shrink)

Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice.".

This ground-breaking book is designed to raise awareness of human rights implications in psychology, and provide knowledge and tools enabling psychologists to put a human rights perspective into practice. Psychologists have always been deeply engaged in alleviating the harmful consequences human rights violations have on individuals. However, despite the fundamental role that human rights play for professional psychology and psychologists, human rights education is underdeveloped in psychologists' academic and vocational training. (...) This book, the first of its kind, looks to change this, by: raising awareness among professional psychologists, university teachers and psychology students about their role as human rights promoters and protectors providing knowledge and tools enabling them to put a human rights perspective into practice providing texts and methods for teaching human rights. Featuring chapters from leading scholars in the field, spanning18 countries and six continents, the book identifies how psychologists can ensure they are practising in a responsible way, as well as contributing to wider society with a clear knowledge of human rights issues in relation to culture, gender, organisations and more. Including hands-on recommendations, case studies and discussion points, this is essential reading for professional psychologists as part of continuing professional development and those in training and taking psychology courses. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

The challenge -- No silver bullet -- Protect, respect and remedy -- Strategic paths -- Next steps.

Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has (...) been argued that the Framework relied on a political conception of human rights, and this is what led to limiting corporate obligations to mere respect for human rights. In this paper, I explore and critically assess this general claim about political conceptions of human rights. This involves distinguishing different types of political conceptions of human rights, as well as specifying what makes a theory of human rights a “political conception.” In light of this clarificatory discussion, I argue that the general thesis is false; the mere fact that a theory offers a political conception of human rights does not necessarily entail any certain range of corporate human rights obligations. Finally, I identify some of the other aspects of a theory of human rights that do affect the range of corporate obligations it will prescribe. (shrink)

Human rights are one of the great civilizing projects of modernity. From their formal promulgation in the Universal Declaration of Human Rights in 1948 to their subsequent embrace by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. In the theological realm, the concept of human rights has all but replaced its (...) antecedent, natural rights, while in the world of Christian social engagement the language of human rights has become the lingua franca of political action. But within theological circles, human rights continue to be both controversial and contested. Some skeptics contend that human rights reflect individualism, secularity, and Western political imperialism in disguise. Hogan, though, thinks human rights language is worth defending and tries to re-envision it. Avoiding claims of universal values, she draws on the constructivist strand of political philosophy to argue that human rights are best conceived in a three-fold manner: requirements for human flourishing; reflecting the needs of the community; and as emancipatory politics. (shrink)

Human rights language is often used as a universal benchmark for moral criticism. However, its philosophical basis has been seriously questioned. The purpose of this study is to investigate the contributions of Christian ethics (1) to the reconstruction of a plausible conception of a human right and (2) to the elaboration of a satisfying justification of human rights. Three different Christian ethical models of human rights are set forth and evaluated.

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part (...) of this charge claims that the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

Plutarch is virtually unique in surviving classical authors in arguing that animals are rational and sentient, and in concluding that human beings must take notice of their interests. Stephen Newmyer explores Plutarch's three animal-related treatises, as well as passages from his other ethical treatises, which argue that non-human animals are rational and therefore deserve to fall within the sphere of human moral concern. Newmyer shows that some of the arguments Plutarch raises strikingly foreshadow those found (...) in the works of such prominent animal rights philosophers as Peter Singer and Tom Regan in maintaining that non-human animals are the sorts of creatures that have intellectual qualities that cause them to be proper objects of man's concern, and have interests and desires that entitle them to respect from their human counterparts. This volume is groundbreaking in viewing Plutarch's views not only in the context of ancient philosophical and ethical thought, but in its place, generally overlooked, in the history of speculation on human-animal relations, and in pointing out how remarkably Plutarch differs from such predominantly anti-animal thinkers as the Stoics. (shrink)

Democracy is emerging as the political system of choice throughout the world. Peoples now freed from the shackles of totalitarian systems seek to share the benefits made possible by democracy in its "home bases" in North America and Western Europe. Yet, paradoxically, in the last decade liberal democracy has been subjected to an onslaught of criticism from thinkers at its "home bases". Criticisms of democracy have been informed by scholarship in feminism, postmodernism and communitarianism as well as the revived interest (...) in applying ethics to public policy. These criticisms raise important questions about the traditional values - liberalism, neutrality or equality, autonomy, and human rights - thought to justify democracy. They also raise questions about the success of democratic systems in promoting alternative values and in protecting lifestyles not desired by majorities. This anthology contains essays by authors at the forefront of the controversy as well as by acute observers of the processes by which "democratic" public policy is formed. The essays include criticisms of democratic theory and practice, defences of liberalism (the set of values often thought to ground democracy), calls for major revisions of democratic institutions and practices, and recommendations for new ways of understanding our rights and responsibilities as members of democratic communities. Show More Show Less. (shrink)

In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they (...) have much to offer in the project of creating a world that is humane for all. The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued, in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for as long as it fails to engage with ontological concerns. (shrink)

This major collection of essays stands at the border of aesthetics and ethics and deals with charged issues of practical import: art and morality, the ethics of taste, and censorship. As such its potential interest is by no means confined to professional philosophers; it should also appeal to art historians and critics, literary theorists, and students of film. Prominent philosophers in both aesthetics and ethics tackle a wide array of issues. Some of the questions explored in the volume include: Can (...) art be morally enlightening and, if so, how? If a work of art is morally better does that make it better as art? Is morally deficient art to be shunned, or even censored? Do subjects of artworks have rights as to how they are represented? Do artists have duties as artists and duties as human beings, and if so, to whom? How much tension is there between the demands of art and the demands of life? (shrink)

The aim of the contribution is to outline the ethical foundations in Maritain’s and Novak’s interpretation of human rights in a wider historical context and to assess its meaning for the present, with special regard to our Central European area. The issue of human rights has, in addition to its political aspect, an inherent ethical one. Fundamental human rights relate to the possibility of autonomy of a person as a moral being (...) endowed with reason and striving for a meaningful life. Therefore, these rights have a fundamental role in practical life; however, they have also become an issue of speculative philosophy and theology, where the focus is upon concepts of freedom and reason. Jacques Maritain and Michael Novak were important figures in the advancement of human rights at the international level, with exceptional impacts especially in Central Europe. Both have their roots in Christian humanism, and for both their concept of human relations is derived from Biblical religion and love for one’s neighbour. Novak accepts Maritain’s concepts of a person and human dignity, and he tries to explain his own concept of democratic capitalism in accordance with it. (shrink)

This work describes the perceptions that Industrial Engineering students have regarding Colombian firms’ corporate social responsibility (CSR) practices. It also explores the incidence of gender, academic level, work experience and entrepreneurial intention on students’ vision. A survey with 70 CSR practices was designed based on previous research. Practices were grouped in ten dimensions: shareholders, customers, employees, suppliers, stakeholders, ethics, environment, legal, human rights and society. A representative sample of 142 students was used. Results show that students perceive a (...) higher commitment of Colombian companies with the shareholders dimension, while a lower with the society, ethics and environmental CSR practices. Work experience and entrepreneurial intention are the only variables affecting the identified perceptions. Thus, as they gain experience, their perceptions become more favorable. On the other hand, potential entrepreneurs have a more critical view on the companies’ commitment. Additionally, the fact that the academic level does not impact students’ perceptions constitutes a challenge for the academic program, since it is expected that this will affect the vision of future engineers. This is the first study that evaluates perceptions of Industrial Engineering students, who, given their object of study, will be responsible for designing and managing production processes in organizations of the future. Results respond to a specific context (students at a Colombian public university), therefore further research to explore the subject is recommended. (shrink)

The main goals of this work are: Ethical and social aspects of policy, contemporary liberal democratic structures, morality in political decision-making, human rights and their individual conceptions, political-philosophical ideas, function of a social-scientific education, selected aspects of security policy, environmental policy, eco-social market economy and religion and law.

This paper focuses on a specific area of interest within the philosophical system of Schopenhauer and Buddhism which is human rights, the concept of compassion and the issue of the pure motive behind human action. Both theories express pessimism regarding the transitoriness of life and the pain caused, and how this deprives man of inner peace. The common acknowledgment of the fact that human life entails great suffering guides the two philosophies into an awareness of the (...) need for salvation. In their metaphysics, there is a number of similarities that conclude to the point that moral truthfulness is a principal virtue in human life, practically indispensable for right living. In this particular context, while compassion is highlighted as the main ethical factor, it is a question of paramount importance in these doctrines whether the motive behind the action is a motive concentrated on the Self or purely on the Other. (shrink)

Alasdair Cochrane introduces an entirely new theory of animal rights grounded in their interests as sentient beings. He then applies this theory to different and underexplored policy areas, such as genetic engineering, pet-keeping, indigenous hunting, and religious slaughter. In contrast to other proponents of animal rights, Cochrane claims that because most sentient animals are not autonomous agents, they have no intrinsic interest in liberty. As such, he argues that our obligations to animals lie in ending practices that cause (...) their suffering and death and do not require the liberation of animals. Cochrane's "interest-based rights approach" weighs the interests of animals to determine which is sufficient to impose strict duties on humans. In so doing, Cochrane acknowledges that sentient animals have a clear and discernable right not to be made to suffer and not to be killed, but he argues that they do not have a prima facie right to liberty. Because most animals possess no interest in leading freely chosen lives, humans have no moral obligation to liberate them. Moving beyond theory to the practical aspects of applied ethics, this pragmatic volume provides much-needed perspective on the realities and responsibilities of the human-animal relationship. (shrink)

Since the birth of the first test-tube baby, Louise Brown, in 1977, we have seen truly remarkable advances in biotechnology. We can now screen the fetus for Down Syndrome, Spina Bifida, and a wide range of genetic disorders. We can rearrange genes in DNA chains and redirect the evolution of species. We can record an individual's genetic fingerprint. And we can potentially insert genes into human DNA that will produce physical warning signs of cancer, allowing early detection. In fact, (...) biotechnology has progressed to such a point that virtually any kind of genetic manipulation, if not already possible, is just around the corner. But these breakthroughs also raise serious ethical and moral dilemmas that we are only now beginning to confront. In Wonderwoman and Superman, noted medical ethicist John Harris offers the first thorough analysis of the moral dilemmas created by the revolution in molecular biology. Covering a wide array of recent innovations, Harris discusses, for example, the moral decisions involved and the consequences of creating egg and embryo banks. Who should be allowed to use such resources? Should recipients be screened? Should such banks be open for public or private use? And does it cheapen life to make embryos available for sale? In another chapter, Harris examines the question of conceiving children chiefly for organ donation, focusing on the recent case of a woman who wanted to have a second child to provide a bone marrow donor for her first child sick with leukemia (she intended to abort the fetus if its bone marrow did not genetically match that of her living child). In this case, the medical staff had to decide whether they should perform in-vitro fertilization, knowing that the mother did not satisfy the clinic's criteria (there was no father), and also knowing the potential for abortion. Discussing the ethics of the mother's choice and the clinic's choice, Harris asks whether it is morally correct to create a child as an organ donor, whether the future child would suffer, whether it is worth any suffering to be born, and who has the right to weigh the various factors (both moral and physiological) involved in making these decisions. Delving into a multitude of issues such as when life begins, when suffering is needless, and whether we should play God, Wonderwoman and Superman provides not only a thought-provoking inquiry into the potential and actual ethical dilemmas created by the many advances in biotechnology, but challenges us to learn to choose responsibly and to face the moral implications of the choices that confront us. (shrink)

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the (...) legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike other legal rights, they possess universal moral validity. In this paper I argue that this tension between the legal and moral aspects of human rights can be resolved if and only if human rights are conceived as moral aspirations and not simply as legal claims. In particular, I shall argue that there are two reasons why human rights must be understood as moral aspirations that function non-juridically: First, the basic human goods to which human rights provide secure access are determinable only in relation to basic human capabilities that are progressively revealed in the course of an indefinite (fully inclusive and universal) process of collective learning; second, the institutional impediments to enjoying human rights are cultural in nature and cannot be remedied by means of legal coercion. (shrink)

Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing—the escalating importance of private military companies—has been debated as (...) a matter of human rights. This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clear—with one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence. (shrink)

Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good (...) of the right-holder. This has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognising that they do. Cruft argues that only rights that exist primarily for the sake of the right-holder can qualify as natural in this sense.In its relation to property, however, matters are far more complicated because much property is groundable only by common or collective goods beyond the right-holder's own good. For such property, Cruft argues that a non-rights property system-that resembles modern markets but is not conceived in terms of rights-would be preferable. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics might expect, and is surprisingly doubtful about property as an individual right. (shrink)

What role does ethics play in modern-day warfare? Is it possible for ethics and militarism to exist hand-in-hand? James Eastwood examines the Israeli military and its claim to be "the most moral army in the world." This claim has been strongly contested by human rights bodies and international institutions in their analysis of recent military engagements in the West Bank, Gaza, and Lebanon. Yet at the same time, many in Israel believe this claim: including the general public, (...) military personnel, and politicians. Compiled from extensive research including interviews with soldiers, Eastwood unpacks the ethical pedagogy of the Israeli military, as well as soldier-led activism which voices a moral critique, and argues that the belief in moral warfare does not exist separately from the growing violence of Israel's occupation. This book is ideal for those interested in military ethics and Israeli politics, and provides crucial in-depth analysis for students and researchers alike. It examines theories of morality and ethics in war through a comprehensive study of the Israel Defence Forces. It will appeal to researchers and students exploring military ethics and Israeli politics, international relations, as well as those studying war and politics in the wider Middle East. It also examines theories of morality and ethics in war through a comprehensive study of the Israel Defence Forces. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the (...) production of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

This essay is a brief attempt to summarize and evaluate the contributions that "Democracy and Tradition" makes to the field of comparative ethics. It is argued that the potential impact of these contributions would be strengthened by engagement with the common morality already imbedded in international human rights norms.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Religion and Public Policy: Human Rights, Conflict, and Ethics ed. by Sumner B. Twiss, Marian Simion, and Rodney L. PetersenJoshua T. MauldinReligion and Public Policy: Human Rights, Conflict, and Ethics Edited by Sumner B. Twiss, Marian Simion, and Rodney L. Petersen NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2015. 372 PP. $99.00This festschrift in honor of David Little canvasses the range of topics Little explored during (...) a distinguished career. The breadth of Little's research interests is reflected in the diversity of essays represented in the volume. Some of the seventeen chapters reflect directly on issues within Little's corpus while others discuss the influence Little had on various fields of inquiry or draw on his ideas for new areas of research.John Witte and Gene Outka provide essays of the first sort: Witte examines Little's work on the religious origins of human rights, while Outka raises questions about how Little's historical work on Reformed Protestantism relates to his work in human rights. Outka raises broader questions about methodology in religious ethics, questions also explored in a chapter by John Kelsay. These include foundationalism, the role of normativity in the study of religion, and the role of expressly theological concepts in religious ethics. The questions are intertwined but played out in different ways in Little's scholarly career; the first [End Page 224] two issues arose in response to the 1978 volume, Comparative Religious Ethics: A New Method, which was foundationalist in orientation. It sought to find the "basic" norm that was the ground of all other moral ideas in a religious system, whether Christianity, Buddhism, or the religion of the Navajo. Jeffrey Stout's critique of the book's foundationalist assumptions struck a serious blow to the project; in response, Little conceded so many of Stout's points that Stout questioned whether the methodology of the volume was meant to be taken seriously. As Kelsey notes in his chapter, some wondered whether the rigid methodology of Comparative Religious Ethics was created primarily to give religious ethicists a respectable job to do in an academic environment in which the study of religion was otherwise suspect. It sought to create a neo-Weberian study of religious ethical systems in which the scholar bracketed out her own ethical assumptions. Through this "value-free" descriptive science, the comparative ethicist hoped to gain admission to the secular academy. Foundationalism was meant to provide the kind of objectivity that gave the religious ethicist something objective to study. Giving up foundationalism would mean giving up the hope of comparative religious ethics as a science.This brings us to the role of distinctly theological claims in Little's work. When putting on the normative hat of the ethicist, Little preferred to bracket out theological assumptions, precisely in order to maintain conversation with his nonreligious interlocutors. The benefits of such a method are evident in this volume. Little managed to engage in moral and political conversation with scholars across a variety of religious, political, and national locations. As is clear in Little's afterword to this volume, he believes that bracketing out his first-order theological assumptions made this dialogue possible. But how can we be sure that this is the case? Perhaps other intellectual and moral virtues allowed this dialogue to flourish, and perhaps Little's virtues would have made such a dialogue possible, even had he been more open about his theological assumptions all along the way. It's hard to know for sure. But in light of the difficulties involved in bracketing out first-order theological assumptions, perhaps the better option is to make one's assumptions explicit while remaining willing to change one's mind when given compelling reasons to do so. That, it seems to me, is what it means to be reasonable—and this is compatible with holding theological beliefs. [End Page 225]Joshua T. MauldinCenter of Theological InquiryCopyright © 2017 Society of Christian Ethics... (shrink)

This introductory textbook is ideally suited to newcomers to philosophy and ethical problems. Rosalind Hursthouse carefully introduces the three standard approaches in current ethical theory: utilitarianism, rights, and virtue ethics. She links each chapter to readings from key exponents such as Peter Singer and Mary Midgley and asks students to think critically about these readings for themselves. Key features include clear activities and activities, chapter summaries and guides to further reading.

Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.