What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights immigrants (documented (...) permanent residents, guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

In responce to criticisms of proposed regulation of surrogacy, it isargued that surrogate mothers and providers of fertility serviceshave duties which make the selling of claims to parenthood unethicaland which justify regulation of surrogacy arrangements.

Volume Six of the Six-Volume set, Rights and Duties joins the most significant writings in two crucial areas of ethical reflection and behavior. This collection provides students and scholars with the history of how humanity has argued for and against entitlements, rights, and protections for itself, and how humanity has argued for and against obligations, duties, and social responsibilities toward others.

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

To the degree that citizens have participated in, or derived benefits from, social in- stitutions that have helped cause serious, life-threatening, or rights-threatening envi- ronmental injustice (EIJ), this article argues that they have duties either to stop their participation in these institutions or to compensate for it by helping to reform them. (EIJ occurs whenever children, poor people, minorities, or other subgroups bear dis- proportionate burdens of life-threatening or seriously harmful pollution.) After briefly defining “human rights,” the article defends (...) the four-premise responsibility argument. The argument is that people have duties to compensate for the serious, life-threatening, or rights-threatening EIJ from which they benefit, and that this compensation ideally ought to take the form of helping to reform social institutions that help cause EIJ. As such, this responsibility argument relies on two basic claims. One claim is that because citizens have benefited from, and therefore contributed to, EIJ they bear ethical respon- sibility to help stop it. The second claim is that because citizens participate in nations and institutions whose policies and practices help cause EIJ, they also have democratic responsibility to help stop it. The article closes by responding to four basic objections to this argument. (shrink)

Sir Leslie Stephen, the founding editor of the Dictionary of National Biography, and a writer on philosophy, ethics, and literature, was educated at Eton, King's College London and Trinity College, Cambridge, where he remained as a fellow and a tutor for a number of years. Though a sickly child, he later became a keen and successful mountaineer, taking part in first ascents of nine peaks in the Alps. In 1871 he became editor of the Cornhill Magazine. During his eleven-year tenure, (...) he wrote two successful books on ethics, including The Science of Ethics in 1892, which was widely adopted as a standard textbook. This two-volume work, which was first published in 1896, brings together the lectures he gave to various ethical societies, mostly in London. In Volume 2, he discusses the ethical issues surrounding a range of topics, including luxury, heredity, crime and punishment, and duty. (shrink)

Rights and duties to will to believe have too long been considered an embarrassing indulgence by philosophers who pride themselves on their methodological rigor. A fresh look at William James's work will show how a more robust, though no less analytically rigorous, ethics of belief is possible.The history of James's ethics of belief is a stormy one, filled with mainly hostile criticisms on the part of others, with seminal suggestions, gropings, and retractions on the part of James himself. At (...) various points in the development of this ethics of belief, one encounters such expressions as “duty to believe,” “will to believe,” and “right to believe,” the last gaining prominence as James grew older. (shrink)

Sir Leslie Stephen, the founding editor of the Dictionary of National Biography, and a writer on philosophy, ethics, and literature, was educated at Eton, King's College London and Trinity College, Cambridge, where he remained as a fellow and a tutor for a number of years. Though a sickly child, he later became a keen and successful mountaineer, taking part in first ascents of nine peaks in the Alps. In 1871 he became editor of the Cornhill Magazine. During his eleven-year tenure, (...) he wrote two successful books on ethics, including The Science of Ethics in 1892, which was widely adopted as a standard textbook. This two-volume work, which was first published in 1896, brings together the lectures he gave to various ethical societies, mostly in London. In Volume 2, he discusses the ethical issues surrounding a range of topics, including luxury, heredity, crime and punishment, and duty. (shrink)

Sir Leslie Stephen (1832–1904), the founding editor of the Dictionary of National Biography, and a writer on philosophy, ethics, and literature, was educated at Eton, King's College London and Trinity College, Cambridge, where he remained as a fellow and a tutor for a number of years. Though a sickly child, he later became a keen and successful mountaineer, taking part in first ascents of nine peaks in the Alps. In 1871 he became editor of the Cornhill Magazine. During his eleven-year (...) tenure, he wrote two successful books on ethics, including The Science of Ethics in 1892, which was widely adopted as a standard textbook. This two-volume work, which was first published in 1896, brings together the lectures he gave to various ethical societies, mostly in London. Both volumes examine the ethical issues surrounding a range of topics including politics, morality, duty, and crime and punishment. (shrink)

Sir Leslie Stephen, the founding editor of the Dictionary of National Biography, and a writer on philosophy, ethics, and literature, was educated at Eton, King's College London and Trinity College, Cambridge, where he remained as a fellow and a tutor for a number of years. Though a sickly child, he later became a keen and successful mountaineer, taking part in first ascents of nine peaks in the Alps. In 1871 he became editor of the Cornhill Magazine. During his eleven-year tenure, (...) he wrote two successful books on ethics, including The Science of Ethics in 1892, which was widely adopted as a standard textbook. This two-volume work, which was first published in 1896, brings together the lectures he gave to various ethical societies, mostly in London. Both volumes examine the ethical issues surrounding a range of topics including politics, morality, duty, and crime and punishment. (shrink)

In recent years, increasing pressures have been brought to bear upon nurses and others more closely to inform, involve and support the rights of parents or guardians when crucial ‘life and death’ ethical decisions are made on behalf of their seriously ill child. Such decisions can be very painful for all involved, and may easily become deadlocked when there is an apparent clash of moral ideals or values between the medical team and the parents or guardians. This article examines a (...) growing number of such cases in New Zealand and analyses the moral parameters, processes, outcomes and ethical responses that must be considered when life and death ethical decisions involving children are made. The article concludes with a recommendation that nurses should be recognized as perhaps the most suitable of all health care personnel when careful mediation is needed to produce an acceptable moral outcome in difficult ethical situations. (shrink)

Sir Leslie Stephen, the founding editor of the Dictionary of National Biography, and a writer on philosophy, ethics, and literature, was educated at Eton, King's College London and Trinity College, Cambridge, where he remained as a fellow and a tutor for a number of years. Though a sickly child, he later became a keen and successful mountaineer, taking part in first ascents of nine peaks in the Alps. In 1871 he became editor of the Cornhill Magazine. During his eleven-year tenure, (...) he wrote two successful books on ethics, including The Science of Ethics in 1892, which was widely adopted as a standard textbook. This two-volume work, which was first published in 1896, brings together the lectures he gave to various ethical societies, mostly in London. In Volume 1, he considers the role of ethical societies and discusses a range of questions in politics, social equality and morality. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Genetic testing has familial implications. Counsellors find themselves in (moral) conflict between medical confidentiality (towards the patient) and a potential right or even duty to warn at-risk relatives. Legal regulations vary between countries. English literature about German law is scarce. We reviewed the literature of relevant legal cases, focussing on German law, according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines. This article aims to familiarise counsellors with their responsibilities, compare the situation between countries and point (...) out legally unresolved areas.According to the German Genetic Diagnostics Act (Gendiagnostikgesetz) in case of an ‘avoidable or treatable’ genetic disorder, geneticists ought to confine themselves to the obligated advice to the patient. Whether a breach of the duty of confidentiality can be justified in exceptional cases by ‘necessity as justification’ for actively informing relatives at risk remains legally unclear. In case of a ‘neither avoidable nor treatable’ genetic disease, geneticists should also refrain from actively informing relatives as the justifiable state of emergency does not permit to break the duty of confidentiality. (shrink)

In 1991, the CDC recommended that health care workers (HCWs) infectedwith HIV or HBV (HbeAg positive) should be reviewed by an expert paneland should inform patients of their serologic status before engaging inexposure-prone procedures. The CDC, in light of the existing scientificuncertainty about the risk of transmission, issued cautiousrecommendations. However, considerable evidence has emerged since 1991suggesting that we should reform national policy. The data demonstratesthat risks of transmission of infection in the health care setting areexceedingly low. Current policy, moreover, does (...) not improve patientsafety. At the same time, implementation of current national policy atthe local level poses significant human rights burdens on HCWs.Consequently, national policy should be changed to ensure patient safetywhile protecting the human rights of HCWs. This article proposes a newnational policy, including: (1) a program to prevent bloodborne pathogentransmission; (2) a responsibility placed on infected HCWs to promotetheir own health and well-being and to assure patient safety; (3) adiscontinuation of expert review panels and special restrictions forexposure-prone procedures; (4) a discontinuation of mandatorydisclosure of a HCW's inflection status; and (5) the imposition ofpractice restrictions if a HCW is unable to practice safely because of aphysical or mental impairment or failure to follow careful infectioncontrol techniques. A new national policy, focused on management of theworkplace environment and injury prevention, would achieve high levelsof patient safety without discrimination and invasion of privacy. (shrink)

Dennis Masaka argues that individuals have rights outside those conferred by the community. The argument is a critique to Ifeanyi Menkiti’s view of personhood. He argues that Menkiti uses the word person and personhood as synonymous. Masaka makes a distinction between the two, where person is an ontological concept, and personhood is a normative concept. For Masaka, individuals have rights by virtue of being persons and not personhood. My approach to the paper is therapeutic. I argue that Masaka misinterprets Menkiti’s (...) views. I argue that Menkiti does not allocate rights in his idea of personhood and as something conferred by the community as proposed by Masaka. This implies that Masaka’s view is not radically different from Menkiti’s. (shrink)

We start by introducing the idea of echo chambers. Echo chambers are social and epistemic structures in which opinions, leanings, or beliefs about certain topics are amplified and reinforced due to repeated interactions within a closed system; that is, within a system that has a rather homogeneous sample of sources or people, which all share the same attitudes towards the topics in question. Echo chambers are a particularly dangerous phenomena because they prevent the critical assessment of sources and contents, thus (...) leading the people living within them to deliberately ignore or exclude opposing views. In the second part of this paper, we argue that the reason for the appearance of echo chambers lies in the adoption of what we call ‘epistemic vices’. We examine which vices might be responsible for their emergence, and in doing so, we focus on a specific one; ‘epistemic violence’. In assessing and evaluating the role of this epistemic vice, we note that it can be triggered by epistemic contexts characterized by high stakes that may turn ordinary intellectual virtues (such as skepticism) into vices (such as denialism). In the third part of this contribution, we suggest a way to deal with echo chambers. The solution focuses on advocating a responsibilist pedagogy of virtues and vices that -we claim- might be capable of preventing their emergence. (shrink)

Jews and Arabs in Israel often agree that there is a reciprocal relation between rights and duties, though they derive opposing conclusions from it. Jews infer that Arabs are not entitled to the same rights and privileges as Jews are, since they do not shoulder an equal share of the duties. Arabs, by contrast, argue that they are under no duty to share the burdens, particularly military or national service, since their rights are not fully respected. The Paper (...) assesses these opposing claims and ends up rejecting both. It argues that the rights to which citizens are entitled do not depend on citizens carrying out all their social or legal duties, while the citizens’ duty to contribute to the welfare of their countries by national service or other means is generally not contingent on the countries’ fulfillment of its duties towards them. The Paper focuses on national service by Israeli Arabs and suggests that that there is nothing wrong in making such service mandatory though there are practical considerations against doing so and that making such service optional is an excellent alternative, one that should be encouraged as much as possible. (shrink)

Richard A. Watson’s proposal that rights inhere only in those who can perform duties is here objected to as being too intellectualistic. Instead, it is suggested that rights inhere in all those who participate in the process of becoming, as A. N. Whitehead proposed half a century ago. Ecological science lends new support to this view.

Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and duties that is (...) inspired by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)

Civic virtue is a bulwark against authoritarianism, but also against the worst excesses of democracy. It has been appropriated by the proponents of republicanism and communitarianism, focusing upon duties rather than rights, and the collective rather than the individual. This paper demonstrates, however, that republicanism and community values are not mutually exclusive with the concept of universal individual human rights. It considers traditional interpretations of civic virtue from both West and East, then introduces a conceptualization of the relationship between (...) rights and responsibilities which alienates neither the liberal concept of individuals as universal human rights bearers, nor the communitarian perspectives. (shrink)

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible (...) with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories (...) are not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with recognizing the (...) inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)