Although a supposed right to preserve culture is frequently invoked in normative debates, philosophical literature has produced scarcely any attempt to treat it as a particular claim that differs from other cultural rights and, for that reason, is in need of a particular justification. Only by clarifying the content and the normative reasons underlying the supposed right, however, is it possible to evaluate the numerous political claims that have been based on it, ranging from the protection of minorities (...) to restrictions on immigration into nation states. This article argues that the right to preserve culture should be seen as the right of a cultural group to enjoy the framework conditions and to enact supporting political measures that make it likely that its culture will continue to exist through an authentic and continuous path of development. Although some of the possible justifications of that supposed right fail, there is an approach that makes it at least plausible that the right to preserve culture is justified within certain limits. (shrink)

Control over food supply was advanced in the kingdom of France in the Eighteenth century by Physiocrat economists under the seemingly advantageous label of 'freedom of grain trade'. In 1764 these reforms brought about a rise in grain prices and generated an artificial dearth that ruined the poor, some of whom died from malnutrition. The King halted the reform and re-established the old regime of regulated prices; in order to maintain the delicate balance between prices and wages, the monarchy tried (...) to limit speculation in subsistence goods and achieved some success in regulating the provisioning of public markets. Le Mercier de la Riviere concluded that executing these reforms required more effective political control. After 1774 the new king gave the Physiocratic reforms a second chance, reforming property rights and establishing an aristocracy of the landed rich. Again, this led to price hikes and as a result so-called 'popular emotions' erupted. Turgot ordered military intervention to dispel the protesters, marking a first rupture between the monarchy and the people over speculation on subsistence. Turgot's experiment failed and he was dismissed, but the Physiocracy had discovered that the market in subsistence offered new opportunities for economic power under the misleading legitimacy of 'economic laws'. Turgot's followers, Dupont de Nemours and Condorcet, continued to develop this 'theory' that was later translated into a 'scientific language' that ultimately asserted the autonomy of the economic sphere and its alleged independence from ethics and politics. The paper examines the continuity of events through the six great jacqueries and the French Revolution, including the all- important agrarian reform that ensued after 1792. Robespierre's concept of 'popular political economy' is analysed and compared with the notion of unfettered private property rights that lies at the heart of neoliberalism. (shrink)

Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to illustrate (...) that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop. (shrink)

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...) a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of.. (shrink)

Michael Tooley defends infanticide by analysing ‘A has a right to X’ as roughly synonymous with ‘If A desires X, then others are under a prima facie obligation to refrain from actions that would deprive him [or her] of it.’ An infant who cannot conceive of himself or herself as a continuing subject of experiences cannot desire to continue existing. Hence, on Tooley’s analysis, killing the infant is not impermissible, for it does not go against any of the infant’s (...) desires. However, Tooley’s argument in support of his analysis seems to justify, instead, a slightly more subtle analysis—namely, ‘A has a right to X’ is roughly extensionally equivalent with ‘Unless A expresses his or her desire that not‐X, then others are under a prima facie obligation to refrain from actions that would deprive him or her of X.’ But given this analysis, the infant’s purported lack of any capacity to conceive of himself or herself as a continuing subject of experiences implies that we cannot be released from any duty that we might have not to harm him or her. In short, Tooley’s argument in support of his analysis actually implies that infanticide may well be impermissible. (shrink)

Michael Tooley defends infanticide by analysing ‘A has a right to X’ as roughly synonymous with ‘If A desires X, then others are under a prima facie obligation to refrain from actions that would deprive him [or her] of it.’ An infant who cannot conceive of himself or herself as a continuing subject of experiences cannot desire to continue existing. Hence, on Tooley’s analysis, killing the infant is not impermissible, for it does not go against any of the infant’s (...) desires. However, Tooley’s argument in support of his analysis seems to justify, instead, a slightly more subtle analysis—namely, ‘A has a right to X’ is roughly extensionally equivalent with ‘Unless A expresses his or her desire that not‐X, then others are under a prima facie obligation to refrain from actions that would deprive him or her of X.’ But given this analysis, the infant’s purported lack of any capacity to conceive of himself or herself as a continuing subject of experiences implies that we cannot be released from any duty that we might have not to harm him or her. In short, Tooley’s argument in support of his analysis actually implies that infanticide may well be impermissible. (shrink)

This article challenges the widespread contention - promoted by the World Health Organization, the U.N. Human Rights Commission, and certain non-governmental organizations - that health care should be regarded as an individual human right. Like other "post-modern" rights, the asserted individual right to health care is a positive claim on the resources of others; it is unlimited by corresponding responsibilities; and it pertains exclusively to the individual. In fact, an individual human right to health, enforceable against either (...) governments or corporations, does not currently exist in law. If established, such a right would portend a dramatic expansion of government control over health care, with negative consequences for efficiency and patient welfare. Voluntary efforts based on partnership, rather than the imposition of legal requirements, are the most productive means of expanding access to health care while preserving incentives for continued development of innovative health technologies. (shrink)

In this paper I examine the prevailing assumption that there is a right to procreate and question whether there exists a coherent notion of such a right. I argue that we should question any and all procreative activities, not just alternative procreative means and contexts. I suggest that clinging to the assumption of a right to procreate prevents serious scrutiny of reproductive behavior and that, instead of continuing to embrace this assumption, attempts should be made to provide (...) a proper foundation for it. I argue that the focus of procreative activities and discourse on reproductive ethics should be on obligations instead of rights, as rights talk tends to obfuscate recognition of obligations toward others, particularly those who bear the most significant burdens of the procreative process. I examine some possible foundations of a right to procreate as well as John Robertson’s thoughtful account of “procreative liberty” but conclude that at the present time there exists no compelling account of a right to procreate. Finally, I conclude that in the absence of a satisfactory account of a right to procreate, we should refrain from grounding practices or polices on the assumption that there is such a right. (shrink)

South Africa’s groundbreaking constitution explicitly confers a right of access to sufficient water. But the country is officially ‘water-stressed’ and around 10 % of the population still has no access to on-site or off-site piped or tap water. It is evident that a disconnect exists between this right and the reality for many; however the reasons for the continuation of such discrepancies are not always clear. While barriers to sufficient water are myriad, one significant factor contributing to insufficient (...) and unpredictable access to water is the high percentage of broken water pumps. Previous studies have reported that between 20 and 50 % of all hand operated water pumps installed on the African continent are broken, or out of use. Monitoring and maintenance of pumps, which in South Africa is the responsibility of local municipalities is often ineffective, in part due to the distances between municipal centres and rural communities and the consequent costs of site visits, as well as breakdowns within the local bureaucratic system. The emergence of new telemetry tools that can remotely monitor water applications constitutes a novel and cost-efficient alternative to undertaking regular sites visits. Sustainable, appropriate, low-cost telemetry systems are emerging that could be used to monitor the operational performance of water pumps, or a wide range of other field parameters, and to communicate this information swiftly and cheaply to water service providers, using SMS messages. Data on the performance of water pumps could also be made available to the public online. This is an example of how ICT can be used for water resources management and environmental regulation, as well as in the governance of socio-economic rights: helping to optimize water allocation by improving communication and strengthening accountability. (shrink)

ABSTRACT The category of the right to the city, conceptualized over five decades ago by the French Marxist philosopher and sociologist Henri Lefebvre, is currently experiencing its second life. It has become a significant political slogan, which – in its counter-hegemonic aspirations towards social change and transgressing the existing order, primarily in the fight against the reality of neoliberal urbanization – rallies together various socio-political movements most often defined under the umbrella term of urban social movements. In my analysis (...) of Lefebvrian notions, I utilize the increasingly widespread category of ‘real utopia’. Additionally, this real utopia treats the right to the city in epistemological terms: as a peculiar type of knowledge co-produced at the intersection of academia and social activism, which remains a relatively rare interpretation among readers, interpreters and practitioners following Lefebvre. I search for these themes both directly in Lefebvre’s work as well as that of his continuators, observing the practices of producing knowledge useful to contemporary Polish right to the city movements. (shrink)

In 2016, a law came into force in France granting terminally ill patients the right to continuous deep sedation until death. This right was proposed as an alternative to euthanasia and presented as the ‘French response’ to problems at the end of life. The law draws a distinction between CDS and euthanasia and other forms of sympton control at the end of life. France is the first country in the world to legislate on CDS. This short report describes (...) the particular context and underlying social values that led to this piece of legislation, and explores its meaning in the wider French context. (shrink)

In 2016, a law came into force in France granting terminally ill patients the right to continuous deep sedation until death. This right was proposed as an alternative to euthanasia and presented as the ‘French response’ to problems at the end of life. The law draws a distinction between CDS and euthanasia and other forms of sympton control at the end of life. France is the first country in the world to legislate on CDS. This short report describes (...) the particular context and underlying social values that led to this piece of legislation, and explores its meaning in the wider French context. (shrink)

This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess in order to have a serious right to life. The approach involves defending, then, a basic (...) principle specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th (...) century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty and pardon or clemency, continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions. (shrink)

The explicit articulation of a cosmopolitan conception of human security and a corresponding right to peace is a positive development in global politics, inasmuch as it decenters the state in our understanding of the human community and delegitimizes organized violence as the generally accepted means for the “continuation” of realist politics. I have argued that just war theory, when defined in suitably narrow fashion, helps to contribute to our thinking on issues of human security in several ways. First, it (...) provides a stringent normative framework for a reasonable humanitarian justification of the resort to force. Second, it enables us to conceptualize significant moral and legal constraints on war and thus on the powers of states to wage war, thereby displacing the use of force from the statist paradigm of security. Third, it contributes to the delegitimation of unjust wars, that is, military actions undertaken for any purposes other than human security. Fourth, insofar as it provides a justificatory basis for the increasing demilitarization of society, it may influence the progressive and just pacification of global politics.As long as the types of human wrongs that present the gravest threats to human security continue to haunt the global community, there remains a need to be able to respond effectively so as to protect the rights and well-being of individuals. This need poses a genuine dilemma for humanitarian morality and politics, insofar as many of the military capabilities required to defend and to aid vulnerable persons can also be the source of threats to human life and welfare. Yet the existence of this dilemma need not lead us either to apathy or to cynicism. The nexus of human security, the right to peace, and just war theory offers a resolution to the traditional security dilemma by challenging the realist rationale for aggressive militarism, and by supporting the emergence of global security structures and processes guided by the humanitarian norms of just peace. *** DIRECT SUPPORT *** A28BB021 00002. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

Although the question 'Does psi exist?' has become a recurrent and intransigent problem for psychological science, seen from a historical and social context, there appear to be reasons as to why no determined effort has been made to resolve the question. The sporadic exchanges from parapsychologists and critics appear only to reinforce the status quo: At most, it is agreed that some form of 'anomaly' has been established but there is no consensus about its nature. Yet such a defeatist stance (...) shies away from the long tradition of research into spontaneous phenomena, as well as experimental research with dreams and hypnosis, all of which suggests that, if psi is real, it is not just an anomaly but has true information content and dynamic effects. This work is briefly reviewed and then, since much of the current controversy has centred on the ganzfeld technique, this is used as an example of the issues involved. The ganzfeld induces sleep-onset imagery during which randomly selected film clips are viewed by a sender as a source of psi-mediated information to be incorporated into the imagery. Our current development of the ganzfeld technique, known as the digital autoganzfeld, takes the work beyond 'anomaly status' since it enables real-time recordings to be made of apparently high-quality psi as it enters consciousness. Initial findings from this illustrate the complexity of the phenomena and the need for more adventurous designs in order to stimulate theory development. There is no doubt that technology now exists which would enable us to resolve the issues raised. Whether the area turns out to be a mixture of rampant fraud, artefact and subjective validation or to present genuine phenomena, a resolution of the issue may be seen as having unwanted implications for psychology -- which may be one of the factors explaining why the controversy is left to continue as it is, unresolved. New questions are needed which take into account the natural context in which psi appears to occur, along with the support needed to reach clear answers. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. (...) In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Critique of J.J. Thomson's well-known defense of abortion. Tries to show that Thomson is wrong that abortion is a violation of the fetus's right to life because there is an important difference between the way the fetus is dependent on the pregnant woman and the way the patient is dependent on the violinist.

The purpose of this article is to systematize and generalize information about the political right-conservative movement in modern Poland. In the course of the study, the potential for support for right-wing parties exists in every society. It can grow due to two groups of factors. The first concerns issues related to the difficult economic situation, the modernization of societies or cultural aspects, which are called demand-related in the literature. The second large group consists of supply factors: factors of (...) possible political success (structure of political opportunities), electoral rules, inter-party competition, the role of the mass media, the structure of political divisions or the role of the winning ideology. Polish right-wing conservatism and nationalism is characterized, both in the past and in the present, by a powerful influence on the social and political life of the Republic of Poland, acting as a fundamental element of the unification of the Polish people. This movement retains its traditional features, which are reflected in the ideology of the Polish ruling party “Law and Justice”, which adheres to a national-conservative orientation with elements of clericalism, maintains close ties with the Catholic Church and organizations close to it. In the period after coming to power (2015), “PiS” slowly but steadily lost its Christian-democratic character and evolved into a conservative political force. This allowed “PiS” to win elections for a long time, and in 2023, it allows it to maintain leading positions in public opinion polls regarding support for political parties. In the field of international relations, supporters of “PiS” operated with judgments that expressed the ideas of nationalism, presenting the Poles as a strong nation that should occupy an important place among other countries. The process of creating right-wing conservative political parties and associations in Poland continues on an ongoing basis. The strengthening of nationalist movements in Poland takes place with the support of the state authorities of the Republic of Poland and is accompanied by a gradual shift of emphasis on controversial historical issues in the direction of nationalist ideology. Despite official Warsaw providing political support to Kyiv in the international arena in connection with the Russian military threat, the authorities of the Republic of Poland have no intention of blocking anti-Ukrainian activities carried out by Polish national-patriotic right-wing movements. This is due to the preparation of the ruling elite for the celebration of the 80th anniversary of the tragic events in Volyn in 2023, as well as the parliamentary election campaign. In the future, the activation of radical right-conservative formations on the territory of the Polish-Lithuanian Commonwealth may lead to protest actions in Poland, the purpose of which will be the dissemination of information unfavorable to our state in the Polish information space, which will have a negative impact on the formation of the foreign policy vector of the Polish-Lithuanian Commonwealth in the Ukrainian direction. (shrink)

The idea that an individual has a ‘right not to know’ genetic information about himself or herself is entrenched in both the policy sphere and the genetic counselling ethos. In this paper, I interrogate this idea of a ‘right not to know’, questioning particularly its status as a right. I identify the conception of rights that seems to underlie the posited ‘right not to know’ as a conception of rights in which they are prioritised non-outweighable interests. (...) Turning to a series of hypothetical situations in which the ‘right not to know’ is invoked, I argue that the ‘right not to know’ is not a right consistent with such a conception. The ‘right not to know’ can only exist in a framework of rights in which they lack significant moral weight. Thus, considering the gravity of rights in popular understanding, I suggest caution in the continuing use of the phrase ‘right not to know’ in the context of genetic testing. This investigation suggests that structuring the debate around genetic ignorance in terms of the ‘right not to know’ is not conducive to moving forward ethical thinking in this area. (shrink)

Businesses increasingly rely on algorithms that are data-trained sets of decision rules (i.e., the output of the processes often called “machine learning”) and implement decisions with little or no human intermediation. In this article, we provide a philosophical foundation for the claim that algorithmic decision-making gives rise to a “right to explanation.” It is often said that, in the digital era, informed consent is dead. This negative view originates from a rigid understanding that presumes informed consent is a static (...) and complete transaction. Such a view is insufficient, especially when data are used in a secondary, noncontextual, and unpredictable manner—which is the inescapable nature of advanced artificial intelligence systems. We submit that an alternative view of informed consent—as an assurance of trust for incomplete transactions—allows for an understanding of why the rationale of informed consent already entails a right to ex post explanation. (shrink)

Despite "progressive" legislative changes concerning the LGBT collective and assisted reproductive technologies (ARTs) in Argentina, women and their sexual and reproductive rights have been overlooked. This article presents a critical perspective of some of these legislative modifications in the country. It addresses why some legislators and society are prepared to challenge a conservative or traditional approach for certain groups while ignoring others. Several factors are at play. There is no all-inclusive explanation. I stress that a striking double standard prevails in (...) Argentina with respect to women and their sexual and reproductive rights. I also contend that powerful discrimination exists, in particular against poor women, who continue to suffer and are "punished" by the criminalization of abortion. (shrink)

Society is broken. We can design our way to a better one. In our increasingly interconnected world, self-interest and social-interest are rapidly becoming indistinguishable. If the oceans die, if society fractures, or if global warming spirals out of control, personal success becomes meaningless. But our broken system incentivizes behavior that only makes these problems worse. If true human rights progress is to be achieved today, it is time we dig deeper-rethinking the very foundation of our social system. In this engaging, (...) important work, Peter Joseph, founder of the world's largest grassroots social movement in the world-The Zeitgeist Movement-draws from economics, history, philosophy, and modern public-health research to present a bold case for rethinking activism in the 21st century. The conventional wisdom views poverty, social oppression, and the growing loss of public health as unfortunate and immutable side effects of our way of life. The New Human Rights Movement argues that these outcomes are, in fact, contrived-only natural to our outdated economic system. Social activists can never succeed in dramatically improving human life on this planet until they understand the structural reasons these problems exist. Arguing against the long-standing narrative of universal scarcity and other pervasive, legitimizing myths that defend the current state of affairs, The New Human Rights Movement ultimately presents the case for an updated economic approach. Joseph explores the potential of this grand social shift and how we can design our way to a post-scarcity world-a world where poverty doesn't exist and the human family has become truly sustainable. The New Human Rights Movement reveals the critical importance of a unified activism in this direction, through understanding and working to alter the inherent injustice of our current social system. This book not only warns against what is in store if we continue to ignore our broken society but also reveals the positive future possible if we succeed. Will you join the movement? (shrink)

The provocation defence, which militates against full legal responsibility for unjustified killings in several common law jurisdictions, has been the subject of considerable controversy during recent decades. Much of the criticism focused on substantive legal issues. This article examines the philosophical bases for the defence in hopes of establishing a theoretical groundwork for future debate on the legal defence. The defence originated on desert bases and continues to be understood on those grounds. This article thus examines it in light of (...) two dominant desert-based theories of punishment originating with Aristotle and Immanuel Kant respectively.Ultimately, the best theory of punishment and the best theory of defence are provided by different approaches. The more plausible and robust Kantian theory of punishment can nonetheless be supplemented by the Aristotelean theory of defence as a continent sociological morality to create a more nuanced account of defence that better explains both excuses in general and the provocation defence in particular. From a substantive legal perspective, this position justifies continued use of the provocation defence in our imperfect legal order, but the partial excuse of provocation will not exist in the ideal legal order. An ideal political order will sufficiently control its citizens’ emotions such that the defence cannot be justified. A partial excuse of provocation is only necessary in the interim. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Defense of Fundamental Principles and Human Rights: A Reply to Robert Baker *Ruth Macklin (bio)AbstractThis article seeks to rebut Robert Baker’s contention that attempts to ground international bioethics in fundamental principles cannot withstand the challenges posed by multiculturalism and postmodernism. First, several corrections are provided of Baker’s account of the conclusions reached by the Advisory Committee on Human Radiation Experiments. Second, a rebuttal is offered to Baker’s claim (...) that an unbridgeable moral gap exists between Western individualism and non-Western communalism. In conclusion, this article argues that Baker’s “nonnegotiable primary goods” cannot do the work of “classical human rights” and that the latter framework is preferable from both a practical and a theoretical standpoint.Robert baker has written two interesting and thoughtful essays in support of his theory of international bioethics (Baker 1998a & b). Both essays are rich in content and comprehensive in scope. In the first of the two, “Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism”—hereafter, “Multiculturalism”—Baker argues that attempts to ground international bioethics in fundamental principles cannot withstand the challenges posed by multiculturalism and postmodernism. As one of the bioethicists whose writings are the object of Baker’s critique, I undertake in this reply first, to elaborate my own position and to comment on related aspects of Baker’s thesis. 1 Next, I offer some corrections of Baker’s account of the conclusions reached by the Advisory Committee on Human Radiation Experiments, of which I was a member. Finally, I compare Baker’s “nonnegotiable [End Page 403] primary goods” with “classical human rights” and conclude that the latter framework is preferable from both a practical and a theoretical standpoint.In his second essay, “The Negotiable and the Non-Negotiable”—hereafter, “The Negotiable”—Baker puts forth a positive theory designed to meet the challenges of multiculturalism and postmodernism and, at the same time, to justify transcultural and transhistorical moral judgments. Baker (1998a, p. 203) describes his theoretical model as an effort “to validate the conception of international bioethics as a continually renegotiated moral order.” Although I find Baker’s proposal intriguing, I believe his rejection of fundamental principles can result in an unacceptable ethical relativism. To abandon “classical human rights,” along with the fundamental moral principles from which they derive, opens the door to all forms of cultural oppression in the name of “the most fundamental of all human rights, the right to define primacy for oneself” (Baker 1998b, p. 246). Alternatively, one can view Baker’s “nonnegotiable primary goods” as virtually equivalent to classical human rights, but much more difficult to identify, both theoretically and practically.Moral FundamentalismThe difference between my defense of universal moral principles and Baker’s critique rests, at least in part, on an interpretation of what is meant by “moral fundamentalism.” (I must confess to a distaste for the ‘ism’ because of the connotations and consequences of fundamentalism in other spheres.) Baker (1998a, p. 203) defines “moral fundamentalism” as the position “that certain basic or fundamental moral principles are accepted in all eras and cultures and thus are universally applicable to agents and actions in any era or culture.” A central feature of this definition is the requirement that all eras and cultures accept these fundamental moral principles. By this definition, the position I embrace does not count as “moral fundamentalism,” because I maintain that certain fundamental moral principles ought to be binding on all cultures or societies even if those cultures or societies do not accept them. 2 Universal acceptance is not a necessary condition for universal applicability.Part of the problem with Baker’s (and probably also my own) analysis is that it shifts constantly and imperceptibly back and forth between a variety of concepts: “moral principles,” “ethical standards,” “morality,” and “moral judgments.” In one instance, Baker (1998a, p. 209) notes my citation of a remark of Ruth Benedict (1934) that “morality differs in [End Page 404] every society.” That is what Ruth Benedict wrote; but nowhere did she specify that she had moral principles in mind. Indeed, her complete sentence reads as follows: “Morality differs in every society and is a convenient term for socially approved habits” (Benedict 1934, emphasis added... (shrink)

While the realm of bioethics has traditionally focused on the rights of the individual and held autonomy as a defining principle, public health ethics has at its core a commitment to the promotion of the common good. While these two domains may at times conflict, concepts arising in one may also be informative for concepts arising in the other. One example of this is the concept of a “right not to know.” Recent debate suggests that just as there is (...) a “right to know” information about one's genetic status, there is a parallel “right not to know” when it comes to genetic information that if communicated, could be detrimental to an individual's social or psychological well-being. As new genetic technologies continue to change the nature of genetic testing and screening, it is crucial that normative frameworks to guide and assess genetic public health initiatives be developed. In this context, the question of whether a “right not to know” may also be said to exist for populations on a public health level merits attention. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Past injustices demand a response if they have led to present deprivation. But skeptica arthe that there is no need to introduce a self-contained concept of 'historical justice' as our general concepts of justice provide all the necessary resources to deal with present inequalities. A rights-based approach to intergenerational issues has some advantages when compared to rival approaches: those based on intergenerational community; for example; or on obligations deriving from traditional continuity. While it is possible to ascribe rights to beings (...) who are not presently in existence; the case for ascribing rights to future generations is much stronger than for past generations. (shrink)

The greatest threat faced by wild animals often comes from the destruction of their habitats by humans. Traditional environmental-conservation paradigms often fail to prevent this destruction. This paper claims that, where access to habitat is a necessary condition of their continued existence or wellbeing, wild animals have sufficiently strong interests in their habitat to generate rights to it. The paper argues that these rights should be instantiated in the form of collective usufructuary property rights, and, in cases of (...) serious and systematic violation of these rights, wild animals gain a remedial right of secession for their habitat. (shrink)

Rapid advancements in human neuroscience and neurotechnology open unprecedented possibilities for accessing, collecting, sharing and manipulating information from the human brain. Such applications raise important challenges to human rights principles that need to be addressed to prevent unintended consequences. This paper assesses the implications of emerging neurotechnology applications in the context of the human rights framework and suggests that existing human rights may not be sufficient to respond to these emerging issues. After analysing the relationship between neuroscience and human rights, (...) we identify four new rights that may become of great relevance in the coming decades: the right to cognitive liberty, the right to mental privacy, the right to mental integrity, and the right to psychological continuity. (shrink)

Abstract: In this paper, I respond to James Sterba’s recent book ‘Is a Good God Logically Possible?’ I show that Sterba concludes that God is not logically possible by ignoring three important issues: (a) the different functions of leeway indeterminism (and the political freedom presupposed by it) and autonomy (the two are very different things, even though both go under the name of freedom), (b) the differences in the conditions of agency in God and in creatures, (there is non-parity in (...) how each must apply the single moral law), and (c) the non-parity between our knowledge and God’s. I provide a brief summary of Sterba’s arguments, and I develop the following points: 1. Sterba’s argument against a Free-Will Defense hinges on his conflation of political freedom and autonomy; 2. Sterba’s crucial premise for his argument against soul-making theodicies (namely, that the “Pauline Principle” should be applied univocally across God and creatures) is false; 3. Sterba’s arguments against skeptical theism depend on his assumption that our knowledge is comparable to that of God. In each case, Sterba either does not recognize non-parity between God and creatures or does not recognize the difference between the profane (e.g., political matters) and the sacred, (e.g., spiritual matters having to do with the inner nature of the soul’s development). (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. Despite their (...) growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research. (shrink)

If environmentalists are to combat effectively the continuing environmental decay resulting from more and more intense human exploitation of nature, they need a plausible and coherent rationale for preserving sensitive areas and other species. This need is illustrated by reference to two examples of controversies concerning large public projects in wilderness areas. Analyses of costs and benefits to presently existing human beings and the utilitarian theory which supports such theories are inadequate to provide such a rationale, as other writers have (...) shown. A number of environmentalists have suggested that ascriptions of rights to nonhuman animals, plants, and other natural objects may provide the necessary rationale. I argue that such ascriptions can only be effective if they are supported by a general theory of rights. Although no such general theory is developed, I state four minimal conditions which must be fulfilled by all rights holders as entailments of the concept of a right and, hence, as necessary conditions on rights holding, regardless of the general theory of rights espoused. I then argue that no appeals to rights of nonhumans can simultaneously fulfill these four minimal conditions and, on the other hand, satisfy the need for a coherent rationale for environmental preservation. In the central argument of the essay I exploit the distinction between the concern of vegetarians and antivivisectionists who rest their case for animal rights on the analogy ofanimal suffering to human suffering and the concern of environmentalists to protect the integrity of holistic ecosystems. I then conclude that even if the case for nonhuman rights can be made convincingly, the rights defended are insufficient for the development of a complete and coherent rationale for environmental preservation. (shrink)

To the question whether Hume believed in mind-independent physical objects (or as he would put it, bodies), the answer is Yes and No. It is Yes when Hume writes “We may well ask, What causes induce us to believe in the existence of body? but ’tis in vain to ask, Whether there be body or not? That is a point, which we must take for granted in all our reasonings.” However the answer is No after inquiring into the causes (...) of that belief, when he writes, “What then can we look for from this confusion of groundless and extraordinary opinions but error and falsehood? And how can we justify to ourselves any belief we repose in them?” My view is that Hume’s Yes and No answers can best be accounted for by seeing him as a Pyrrhonian skeptic in the tradition of Sextus Empiricus. This interpretation, while finding considerable truth in the various positions canvassed, is closest to those of Norton, Fogelin, and especially Popkin. (shrink)

A basic human right to the delivery of health care, even to the delivery of a decent minimum of health care, does not exist. The difficult with talking of such rights should be apparent. It is difficult if not impossible both to respect the freedom of all and to achieve their long-range best interests. -/- Rights to health care constitute claims against others for either their services or their goods. Unlike rights to forbearance, which require others to refrain from (...) interfering, rights to beneficence require others to participate actively in a particular understanding of the good life. Rights to health care, unless they are derived from special contractual agreements, depend on the principle of beneficence rather than that of autonomy, and therefore may conflict with the decisions of individuals who may not wish to participate in realizing a particular system of health care. If the resources involved in the provision of health care are not fully communal, private owners of resources may rightly have other uses in mind for their property than public care….[T]he principles of autonomy and beneficence that lie at the foundations of justice will spawn conflicts within any portrayal of a just allocation of health care resources. (shrink)

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

The right to teach at university is a distinctive philosophical and legal conundrum but a largely unexplored question. Drawing on Humboltdian principles, the legitimacy of the university teacher stems from their continuing engagement in research rather than possession of academic and teaching qualifications alone. This means that the right to teach needs to be understood as a privilege and implies that it is always provisional, requiring an ongoing commitment to research. Yet, massification of higher education systems internationally has (...) led to the disaggregation of the academic profession with teaching-only positions now increasingly common. University teachers employed to both teach and research face a narrowing set of performative expectations with respect to how ‘research-active’ is defined. This paper challenges these contemporary understandings and, drawing on historical evidence, argues that a broader definition of research and scholarship needs to underpin the basis of the right to teach. (shrink)

The professional regulatory system known as medical ethics has been one of the most visionary and socially valuable creations of the medical profession. Its beneficial influence has extended beyond physician/patient relations, to the shaping of many key humanistic and egalitarian features of the world’s legal and political institutions. The continued existence of medical ethics as a professionally influential normative system, however, is being challenged by international human rights. The UNESCO Universal Declaration on Bioethics and Human Rights, is likely (...) to be an important point of intersection in this process. (shrink)

If environmentalists are to combat effectively the continuing environmental decay resulting from more and more intense human exploitation of nature, they need a plausible and coherent rationale for preserving sensitive areas and other species. This need is illustrated by reference to two examples of controversies concerning large public projects in wilderness areas. Analyses of costs and benefits to presently existing human beings and the utilitarian theory which supports such theories are inadequate to provide such a rationale, as other writers have (...) shown. A number of environmentalists have suggested that ascriptions of rights to nonhuman animals, plants, and other natural objects may provide the necessary rationale. I argue that such ascriptions can only be effective if they are supported by a general theory of rights. Although no such general theory is developed, I state four minimal conditions which must be fulfilled by all rights holders as entailments of the concept of a right and, hence, as necessary conditions on rights holding, regardless of the general theory of rights espoused. I then argue that no appeals to rights of nonhumans can simultaneously fulfill these four minimal conditions and, on the other hand, satisfy the need for a coherent rationale for environmental preservation. In the central argument of the essay I exploit the distinction between the concern of vegetarians and antivivisectionists who rest their case for animal rights on the analogy ofanimal suffering to human suffering and the concern of environmentalists to protect the integrity of holistic ecosystems. I then conclude that even if the case for nonhuman rights can be made convincingly, the rights defended are insufficient for the development of a complete and coherent rationale for environmental preservation. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:It’s a Human Rights Issue!Daniela TrufferI was born in 1965 in Switzerland with a severe heart defect and ambiguous genitalia. The doctors couldn‘t tell if I was a girl or a boy. First they diagnosed me with CAH and an enlarged clitoris, and cut me between my legs looking for a vagina.Because of my heart condition, the doctors assumed I would die soon. After an emergency baptism, I stayed (...) in the hospital for three months. My mother would travel to the city as often as possible, though she was only allowed to see me through a glass window.When I was two months old, and still in the hospital, doctors opened my abdomen and found healthy testes, which they threw in the garbage bin. According to my medical records, my parents had not provided consent. Further tests showed I am chromosomally male.Later the “castration” was declared a “mistake”: one doctor said I was a boy with hypospadias. As they had already removed the testes, however, they would have “to continue this way and the small patient must be made a girl.”After three months, my parents were finally allowed to take me home.During my childhood, I spent a lot of time in doctor’s offices and hospitals, suffering countless examinations of my genitals and urethral opening. When I was two, our family doctor stuck his finger into my urethral opening; I was screaming very loud, my father says. My mother had to put me into warm water because every time I had to pee I screamed in pain. Later I was hurried to the hospital with a bad infection. Still today my urethra often hurts after going to the toilet.I knew early in my life that I was different.I learned fragments of the truth only after decades of ignorance and denial. I was lucky to obtain my medical records. The hospital initially told me they no longer existed. When I insisted, they eventually sent me some recent files pertaining only to care I received after I was an adult. I kept calling. Once I was put through directly to the archive, where I was told that indeed there were “lots of files on microfilm.” However, it was only when I threatened to return with a lawyer that the hospital sent me a large pile of printouts.Finally I had it in black and white: The doctors had systematically lied to my parents, instructing them to “raise me as a girl” and never talk to me or to anyone else about “the gender issue.” Asked if I could have children, the doctors told them it was “doubtful.” At seven, the doctors still claimed it had been necessary to “remove the ovaries,” and at fourteen told me that I didn‘t menstruate because my “uterus was very small.”Because of the castration, my bone growth was reduced. To this day, I have to deal with health problems like a ruined metabolism, recurring fatigue and vertigo, and osteopenia.I would eventually grow older than doctors had originally predicted. At seven, they decided to operate on my heart septum and valve. I went to the hospital for preparatory cardiac catheterization. However, because of an infection, doctors put off the procedure. Since I had already been admitted, they decided to “use the opportunity to conduct the genital correction already planned in 1965,” and shortened my micropenis to the size of a “very small clitoris,” allegedly with my consent.Fortunately they didn‘t amputate the glans, and I still have sexual feelings left. But I remember the pain and unease, and how I often ran home from [End Page 111] school crying. Today I have a lot of scar tissue, which often hurts and itches.After a few days I was brought back to the cardiologist for the catheterization, and a few months later heart surgery. The doctors saved my life and destroyed it in the same year.I spent my childhood in fear, isolation, and shame. When I had to see a doctor, I was always scared stiff, but I never cried, and endured everything without any protest. I felt sick days in advance, and in... (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In particular, a (...) full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

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