Rights in Applied Ethics, Misc

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do not (...) forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

In Our Best Interest argues that it is permissible to intervene in a person's affairs whenever doing so serves her best interest without wronging others. Jason Hanna makes the case for paternalism, responding to common objections that paternalism is disrespectful or that it violates rights, and arguing that popular anti-paternalist views confront serious problems.

In this paper, I defend brain death as a criterion for determining death against objections raised by Don Marquis, Michael Nair-Collins, Doyen Nguyen, and Laura Specker Sullivan. I argue that any definition of death for beings like us relies on some sortal concept by which we are individuated and identified and that the choice of that concept in a practical context is not determined by strictly biological considerations but involves metaphysical, moral, social, and cultural considerations. This view supports acceptance of (...) a more pluralistic legal definition of death as well as acceptance of brain death as death. (shrink)

It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then arises: (...) why can aboriginal people, unlike other citizens, have special hunting rights? If indigenous people are to have the right to hunt a particular species that other citizens are denied, then it presents a significant challenge to philosophers to explore the moral grounds that justify such a special right. This exploration is the subject of the current paper. (shrink)

This article tries to analyze the meaning and relevance of the concept of solidarity as compared to the concept of justice. While ‘justice’ refers to rights and duties , the concept of solidarity refers to relations of personal commitment and recognition . The article wants to answer the question whether solidarity and liberal justice should be seen as mutually exclusive or whether both approaches should be regarded as complementary to each other. The paper starts with an analysis of liberal theories (...) of justice which are followed by an analysis of the descriptive and a moral understanding of the concept of solidarity. The importance of solidarity lies in its relational aspects, particularly its emphasis on cooperation and commonality. The paper argues that while solidarity is more fundamental than justice, both concepts are important for the arrangement of health care practices. The paper gives special attention to the concept of decent care, reflective solidarity and humanitarian solidarity which is seen as fundamental for all health care policies and care practices. (shrink)

The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, (...) an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights. (shrink)

Human cloning until recently has been considered to belong to the domain of science fiction; now it is a tangible possibility, a hopeful as well as a fearsome one. One of the fears that necessarily come along with it is about the peril cloning might represent for human uniqueness, since the clones are expected to be identical to their prototypes; this would unavoidably compromise moral agents’ right to a unique identity. In this paper I will put under examination the argument (...) against cloning that is based upon the right to a unique identity; I will argue that cloning represents no actual threat for anybody’s unique identity, therefore this argument is futile. I will also support the view that the so-called right to a unique identity is not as indisputable as to serve as the basis of a moral argument against human reproductive cloning. (shrink)

Narrowly understood, veganism is the practice of excluding all animal products from one’s diet, with the exception of human milk. More broadly, veganism is not only a food ethics, but it encompasses all other areas of life. As defined by the Vegan Society when it became an established charity in the UK in 1979, veganism is best understood as “a philosophy and way of living which seeks to exclude – as far as is possible and practicable – all forms of (...) exploitation of, and cruelty to, animals for food, clothing or any other purpose; and by extension, promotes the development and use of animal-free alternatives for the benefit of humans, animals and the environment”. There are two main moral justifications for veganism, both of which rely on a common assumption: that sentience, i.e., the capacity to feel pleasure and pain, is the necessary and sufficient trait to be morally considerable. In what follows, I present these two justifications and a third one which, although less popular, captures some core intuitions among vegans. I then present a challenge faced by veganism and two arguments that reject it as discriminatory, and briefly conclude. (shrink)

Wieviel Ethik braucht der Mensch, wieviel Ethik braucht die Wissenschaft? Vor dem aktuellen Hintergrund einer gewandelten Wissenschaftsgesellschaft von hoher Entwicklungsdynamik geht es darum, Anleitung zu ethischer Selbst- und Situationsreflexion zu geben. Denn die spektakulären Errungenschaften nicht nur im Bereich der Biomedizin haben jedenfalls vorübergehend Zonen von moralischer und ethischer Ratlosigkeit geschaffen. Sie eröffnen Spielräume, von denen nicht sicher ist, ob sie genutzt werden dürfen und sollten. Die Empfindlichkeit gegenüber den Nachteilen und Risiken der technisch-wissenschaftlichen Zivilisation ist jedenfalls dort, wo die (...) Möglichkeiten verfügbar sind, so weit gestiegen, dass sich ihre praktische Nutzung längst nicht mehr von selbst versteht. Auch das Recht ist derzeit weder auf der nationalen noch auf der internationalen Ebene in der Lage, überzeugende Handlungsanleitung zu geben. Welche Ziele und Mittel mit den neuen Möglichkeiten aber verfolgt werden dürfen, ist in der Tat eine Frage nach der Legitimität von Bedürfnissen und der Angemessenheit der Mittel. Nicht zuletzt appelliert sie (die Empfindlichkeit gegenüber den Errungenschaften der wissenschaftlich-technischen Gesellschaften?) potentiell auch an die Tugend der Selbstbeschränkung, die vielleicht dort noch wirksam wird, wo andere Steuerungsmechanismen versagen oder zu schwach sind. Diese komplexe Problemlage bei der Suche nach einer neuen Wertordnung an den Grenzen der Anwendung von Forschung und Wissenschaft hat der Ethik derzeit eine unerwartete Konjunktur beschert. (shrink)