The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...) a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

In The Methods of Ethics, Henry Sidgwick maintains that resolution of the free will problem is of “limited” importance to ethics and to practical reasoning. Despite the view’s uniqueness, surprisingly little sustained attention has been paid to Sidgwick’s view. This chapter tries to remedy this situation. Part one clarifies Sidgwick’s argument for the claim that resolving the free will controversy is of only limited importance to ethics. Part two examines and tries to deflect objections to Sidgwick’s position raised by J. (...) B. Schneewind and Roger Crisp while putting forward a different objection. Part three raises objections to Sidgwick’s claim that “it is practically impossible to be guided, either in remunerating services or in punishing mischievous acts, by any other considerations than those which the Determinist interpretation of desert [and responsibility] would include”. The chapter concludes by noting that although Sidgwick’s view is not without its problems, his discussion forces us to consider which aspects of moral thinking (if any) survive the conclusion that free will is illusory. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

This paper is an examination of the ethical principles of effective altruism as they are articulated by Peter Singer in his book The Most Good You Can Do. It discusses the nature and the plausibility of the principles that he thinks both guide and ought to guide effective altruists. It argues in § II pace Singer that it is unclear that in charitable giving one ought always to aim to produce the most surplus benefit possible and in § III that (...) there is a more attractive set of principles than the ones Singer outlines that ought to guide effective altruists in their philanthropic practices and in their lives more generally. These principles fit better with his practical ambitions and with plausible attitudes about the limits of beneficence. (shrink)

This article explores, comparatively and critically, Sidgwick’s and Rawls’s reasons for rejecting desert as a principle of distributive justice. Their ethical methods, though not identical, each re...

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

Whereas previous discussions on ownership of biological material have been much informed by the natural rights tradition, insufficient attention has been paid to the strand in liberal political theory represented by Felix Cohen, Tony Honoré, and others, which treats property relations as socially constructed bundles of rights. In accordance with that tradition, we propose that the primary normative issue is what combination of rights a person should have to a particular item of biological material. Whether that bundle qualifies to be (...) called “property” or “ownership” is a secondary, terminological issue. We suggest five principles of bodily rights and show how they can be applied to the construction of ethically appropriate bundles of rights to biological material. (shrink)

In this paper, I want to look at some questions that arise when we try to abandon the conceptual and political framework of the nation-state. Is it impossible to conceive the unity of the state apart from the unity of the nation? Are shared political values insufficient to account for the existence of bounded states and special duties to one's own country? In the first section I will discuss the view that the idea of the modern state is incoherent and (...) that it tacitly relies on the social idea of membership provided by the nation. The following section will give an alternative to the nationalist account of the exist ence of bounded communities and suggest why Habermasians and Rawlsians are right in thinking that the shared value of justice can be sufficient for political unity. Finally, I give a brief indication of the rel evance of this discussion to the idea of European Union. Key Words: boundaries. • collective intentionality • constitutional patriotism • European Union • liberal unity • post-national identity. (shrink)

This paper presents a framework for discussing issues of ownership in connection to virtual worlds. We explore how divergent interests in virtual property can be mediated by applying a constructivist perspective to the concept ownership. The simple solutions offered today entail that a contract between the game producer and the gamer gives the game developer exclusive rights to all virtual property. This appears to be unsatisfactory. A number of legitimate interests on part of both producers and gamers may be readily (...) distinguished. More complex distributions of rights would allow many of these interests to be consistently respected. (shrink)

The overall aim of this thesis is to show how some ideas in Aristotle’s Nicomachean Ethics can be interpreted and used as a productive way to approach a number of pressing issues in bioethics. Articles I-II introduce, and endorse, a social constructivist perspective on rights. It is investigated if the existence of property-like rights to biological material would include the moral right to commodification and even commercialisation. Articles III-V discuss similar questions and more specifically champion the application of an Aristotelian (...) virtue ethics perspective. The articles are preceded by an introductory essay on some of the central themes in the Nicomachean Ethics. This section also includes a very brief account of what the connection between virtue ethics and a theory of social construction, including rights, could look like. The thesis seeks to show that if read somewhat creatively many of the ideas in the Nicomachean Ethics make for a highly useful approach to modern moral problems. It should be noted, however, that this thesis in no way claims to be an exegetic, or a complete, study of the Nicomachean Ethics. Article I deals with ownership of biological material from a philosophical, as opposed to a legal, perspective. It is argued that a strand in liberal political theory that treats property relations as socially constructed bundles of rights, as developed by e.g. Felix Cohen and Tony Honoré, is well suited for discussions on ownership of biological material. Article II investigates which differences in biological material might motivate differences in treatment and ownership rights. The article draws on the social constructivist theory of ownership which was developed in Article I. Article III employs virtue ethics to explain why it is morally permissible to donate but not to sell organs such as kidneys. It is suggested that the former action will bring the agent closer to a state of human flourishing. Article IV argues that virtues like philia, justice, beneficence and generosity — traditionally all seen as other-regarding — contain strong self-regarding aspects. The central claim is that these self-regarding aspects of the other-regarding virtues are necessary components of complete virtue and thus that the fully virtuous agent has to act virtuously both in her dealings with herself and others. Article V applies the ideas that were developed in Article IV to the case of living organ donations to next of kin. It is proposed that such an act, although noble and fine, is supererogatory, rather than obligatory, as the donor is morally entitled to be partial to herself. This argument is made against the backdrop of a discussion on some Aristotelian ideas on philia and partiality. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)