Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian (...) philosophy of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual (...) identity based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)

Virtue ethics is now well established as a substantive, independent normative theory. It was not always so. The revival of virtue ethics was initially spurred by influential criticisms of other normative theories, especially those made by Elizabeth Anscombe, Philippa Foot, John McDowell, Alasdair MacIntyre, and Bernard Williams. 1 Because of this heritage, virtue ethics is often associated with anti-theory movements in ethics and more recently, moral particularism. There are, however, quite a few different approaches to ethics that can reasonably claim (...) to be versions of virtue ethics. The predominant strand of virtue ethics is broadly Aristotelian, although some accounts bear little resemblance to Aristotle's. In its most general form, virtue ethics is compatible with a wide range of meta-ethical and normative commitments. This diversity makes it difficult to compare virtue ethics as such with other normative theories. It can also be a challenge to see just what the various versions of virtue ethics have in common with each other. Three major types of virtue ethics are represented in the books by Rosalind Hursthouse, Michael Slote, and Christine Swanton, recommended in the following section. Each of these book sets forward a considerably self-standing form of virtue ethics. The authors differ on central issues such as the relationship between virtue and flourishing and the link between virtuous agents and right or virtuous actions. Unlike Swanton and Slote, Hursthouse defends a version of ethical naturalism that has affinities with theories recently defended by Philippa Foot and Alasdair MacIntyre. 2 Slote's theory is agent-based, meaning that his account derives judgments about the moral status of actions from moral features of agents. Hursthouse and Swanton defend theories according to which the moral status of an action depends on its broader relationship to human flourishing (Hursthouse) or whether it hits the target of a virtue (Swanton). Although these three books presently form the core of contemporary virtue ethics, there are other approaches that might reasonably be described as versions of virtue ethics, such as those presented by Julia Driver, Linda Zagzebski, and Robert Adams. 3 There are also, of course, a large number of articles in which authors defend or criticize tenets that are central to most versions of virtue ethics. Some recent articles on especially important topics are listed in the following section. Current 'hot topics' in virtue ethics include whether its account of right action is adequate and whether virtue ethics is at odds with empirical psychology. Articles on these debates and others are listed in the following section. Author Recommends: Books These three books are foundational works in contemporary virtue ethics, and represent quite different approaches to virtue ethics. For each book, I have also listed an article by the same author in which he or she articulates some similar themes. Those pressed for time or space on a syllabus might start by examining those articles. 1. Hursthouse, Rosalind. On Virtue Ethics. Oxford: Oxford University Press, 1999. Hursthouse defends a eudaimonistic version of virtue ethics with Aristotelian affinities. *See also Hursthouse, Rosalind. 'Normative Virtue Ethics.' How Should One Live? Ed. Roger Crisp. Oxford: Clarendon Press, 1996. 19–36. 2. Slote, Michael. Morals from Motives. Oxford: Oxford University Press, 2001. Slote defends a version of virtue ethics based on evaluations of motives, drawing on historical figures like Martineau, Hutcheson, and Hume. Note that this book represents a fairly significant departure from his first book in virtue ethics, From Morality to Virtue (New York: Oxford, 1992). *See also Slote, Michael. 'Agent-Based Virtue Ethics.' Virtue Ethics . Ed. Roger Crisp and Michael Slote. Oxford: Oxford University Press, 1997. 3. Swanton, Christine. Virtue Ethics: A Pluralistic View. Oxford: Oxford University Press, 2003. Swanton defends a pluralistic, non-eudaimonistic version of virtue ethics that draws on influences ranging from Aristotle to Nietzsche to contemporary psychoanalytic theory. *See also Swanton, Christine. 'A Virtue Ethical Account of Right Action.' Ethics 112 (2001): 32–52. Articles The following is a selection of articles that address some of the central and controversial topics within virtue ethics. 1. Annas, Julia. 'Being Virtuous and Doing the Right Thing.' Proceedings and Addresses of the American Philosophical Association 78.2 (2004): 61–75. This article addresses the problem of action guidance and the role that an account of right action should play in virtue ethics. 2. Conly, Sarah. 'Flourishing and the Failure of the Ethics of Virtue.' Midwest Studies in Philosophy Vol. XIII, Ethical Theory: Character and Virtue . Eds. P. French et al. South Bend: University of Notre Dame Press, 1988. 83–96. This article articulates the central problems faced by versions of virtue ethics that rely on a conception of human flourishing. 3. Das, Ramon. 'Virtue Ethics and Right Action.' Australasian Journal of Philosophy 81 (2003): 324–39. This article raises objections about insularity and circularity to accounts of right action presented by Hursthouse, Slote, and Swanton. 4. Doris, John M. 'Persons, Situations, and Virtue Ethics.' Nous 32 (1998): 504–30. This article argues that situationist psychology undermines the concept of a character trait on which virtue ethicists rely. An expanded version of this criticism can be found in Doris, Lack of Character, Cambridge: Cambridge University Press, 2002. 5. Hursthouse, Rosalind. 'Virtue Theory and Abortion.' Philosophy and Public Affairs 20.3 (1991): 223–46. This article argues that virtue ethics is capable of providing action guidance in the difficult problem of abortion. 6. Johnson, Robert N. 'Virtue and Right.' Ethics 113 (2003): 810–34. This article raises several objections against the accounts of right action in virtue ethics, one of which is that they cannot make sense of the rightness of self-improving actions. The criticism is directly primarily at Hursthouse's theory, but Swanton and Slote are discussed as well. 7. Kamtekar, Rachana. 'Situationism and Virtue Ethics on the Content of Our Character.' Ethics 114 (2004): 458–91. This article argues that situationist critiques of virtue ethics rely on a mistaken understanding of virtuous character. 8. Kawall, Jason. 'Virtue Theory and Ideal Observers.' Philosophical Studies 109 (2002): 197– 222. This article argues for an ideal observer-style account of right action in virtue ethics. 9. Nussbaum, Martha. 'Non-Relative Virtues: An Aristotelian Approach.' Midwest Studies in Philosophy, Vol. XIII, Ethical Theory: Character and Virtue . Ed. P. French et al. South Bend: University of Notre Dame Press, 1988. 32–53. This article presents a view of the virtues on which the virtues are excellences in spheres of activity. Although the spheres are common to all humans, the manifestation of excellence in a given sphere is subject to cultural variation. 10. Sreenivasan, Gopal. 'Errors about Errors: Virtue Theory and Trait Attribution.' Mind 111 (2002): 47–68. This article addresses the situationist critique of character traits by arguing that virtue ethics does not depend on the concept of a character trait as Doris and others understand it. 11. Stangl, Rebecca. 'A Dilemma for Particularist Virtue Ethics.' Philosophical Quarterly 58 (2008): 665–78. This article addresses the relationship between virtue ethics and radical moral particularism, arguing that the latter may have undesirable consequences for virtue ethicists unless they accept the unity of the virtues. 12. Stohr, Karen. 'Contemporary Virtue Ethics.' Philosophy Compass 1.1 (January 2006): 22–7. This article provides an overview and analysis of contemporary virtue ethics. It includes discussion of main problems and challenges for the future. 13. Stohr, Karen. 'Moral Cacophony: When Continence is a Virtue.' Journal of Ethics 7 (2003): 339–63. This article raises problems for the commonly accepted distinction between virtue and continence, arguing that the mixed emotions normally associated with continence are sometimes characteristic of virtue instead. 14. van Zyl, Liezl. 'Agent-Based Virtue Ethics and the Problem of Action Guidance.' Journal of Moral Philosophy 6 (2009): 50–69. This article defends agent-based virtue ethics against objections that it cannot distinguish agent-appraisal from act-appraisal and that it cannot provide adequate action guidance. Anthologies 1. Crisp, Roger, ed. How Should One Live? Essays on the Virtues. Oxford: Clarendon Press, 1996. This is one of the first virtue ethics anthologies published, and so reflects a correspondingly earlier picture of the field. The essays, however, are important and interesting in their own right, and cover a broad array of topics. 2. Crisp, Roger and Michael Slote, eds. Virtue Ethics . Oxford: Oxford University Press, 1997. This anthology was published over a decade ago and does not capture recent developments in the field. It is, however, an admirably thorough collection of the most influential essays from the early days of virtue ethics, both promoting and criticizing it. 3. Darwall, Stephen, ed. Virtue Ethics. Oxford: Blackwell, 2003. This anthology is distinctive in that it includes material from Aristotle, Hutcheson, and Hume, along with some central contemporary sources. 4. Walker, Rebecca L. and Philip J. Ivanhoe, eds. Working Virtue. Oxford: Oxford University Press, 2007. This recent anthology focuses on applied virtue ethics and has an excellent selection of essays by influential thinkers on topics including the environment, business, medicine, war, and poverty. Online Sources 'Virtue Ethics', Stanford Encyclopedia of Philosophy. http://plato.stanford.edu/entries/ethics-virtue/ Entry written by Rosalind Hursthouse and updated in 2007. 'Bibliography on Virtue Ethics', maintained by Jörg Schroth. http://www.ethikseite.de/bib/cvirtue.pdf Extensive list of work published in virtue ethics. Updated regularly, listed in both alphabetical and chronological order, and contains abstracts of papers. 'Janusblog', maintained by Guy Axtell. http://janusblog.squarespace.com/ Blog devoted to current work in virtue ethics and virtue epistemology, although with an emphasis on the latter. It contains spirited discussion among the many contributors, as well as a library of papers. Sample Syllabus This syllabus is for a graduate seminar or intense upper-level undergraduate course. Books for purchase for this course might include the Crisp and Slote anthology, the Walker and Ivanhoe anthology, and Hursthouse's On Virtue Ethics. Week 1: The Roots of Contemporary Virtue Ethics Anscombe, Elizabeth. 'Modern Moral Philosophy' (Crisp and Slote) Foot, Philippa. 'Virtues and Vices' (Crisp and Slote) MacIntyre, Alasdair. 'The Nature of the Virtues' (Crisp and Slote) Week 2: The Roots of Contemporary Virtue Ethics Stocker, Michael. 'The Schizophrenia of Modern Ethical Theories' (Crisp and Slote) Williams, Bernard. 'Morality, the Peculiar Institution' (Crisp and Slote) McDowell, John. 'Virtue and Reason' (Crisp and Slote) Week 3: Aristotelian Virtue Ethics Hursthouse, Rosalind. On Virtue Ethics, Part I Hursthouse, Rosalind. 'Practical Wisdom: A Mundane Account.' Proceedings of the Aristotelian Society 106.3 (2006): 283–307. Stangl, Rebecca. 'A Dilemma for Particularist Virtue Ethics' Week 4: Aristotelian Virtue Ethics Hursthouse, Rosalind. On Virtue Ethics, Part II Stark, Susan. 'Virtue and Emotion.' Nous 33.5 (2001): 440–55. Stohr, Karen. 'Moral Cacophony: When Continence is a Virtue' Week 5: Aristotelian Virtue Ethics Hursthouse, Rosalind. On Virtue Ethics, Part III Conly, Sarah. 'Flourishing and the Failure of an Ethics of Virtue' Nussbaum, Martha. 'Non-Relative Virtues: An Aristotelian Approach' MacIntyre, Alasdair. Dependent Rational Animals, chapter 10 Week 6: Agent-Based Virtue Ethics Slote, Michael 'Agent-Based Virtue Ethics' (Crisp and Slote) Slote, Michael, Morals from Motives, chapters 1 and 3 Week 7: Pluralistic Virtue Ethics Swanton, Christine. Virtue Ethics: A Pluralistic View , chapters 3, 4, and 11. Week 8: The Situationist Critique of Virtue Ethics Doris, John. 'Persons, Situations, and Virtue Ethics' Kamtekar, Rachana. 'Situationism and Virtue Ethics on the Content of Our Character' Sreenivasan, Gopal. 'Errors about Errors: Virtue Theory and Trait Attribution' Merritt, Maria. 'Aristotelian Virtue and the Interpersonal Aspect of Ethical Character.' Journal of Moral Philosophy 6 (2009): 23–49. Week 11: Right Action – Problems Johnson, Robert. 'Virtue and Right' Das, Ramon. 'Virtue Ethics and Right Action' Week 12: Right Action – Virtue Ethics Solutions Annas, Julia. 'Being Virtuous and Doing the Right Thing' van Zyl, Liezl. 'Agent-Based Virtue Ethics and the Problem of Action Guidance' Kawall, Jason. 'Virtue Theory and Ideal Observers' Week 13: Virtue Ethics and Professional Roles Pelligrino, Edmund. 'Professing Medicine, Virtue Based Ethics, and the Retrieval of Professionalism' (Walker and Ivanhoe) Swanton, Christine. 'Virtue Ethics, Role Ethics, and Business Ethics' (Walker and Ivanhoe) Sherman, Nancy. 'Virtue and a Warrier's Anger' (Walker and Ivanhoe) Week 14: Virtue Ethics and the Non-Human World Hursthouse, Rosalind. 'Environmental Virtue Ethics' (Walker and Ivanhoe) Walker, Rebecca. 'The Good Life for Non-Human Animals: What Virtue Requires of Humans' (Walker and Ivanhoe) Focus Questions 1. What is the relationship between virtue and flourishing? Are the virtues necessary for flourishing? Sufficient? 2. Can virtue ethics provide an adequate account of right action? 3. On what concept of a character trait does virtue ethics rely, and does situationist psychology undermine it? 4. Is the project of ethical naturalism a plausible one? To what extent does the success of Aristotelian virtue ethics depend on it? 5. How does virtue ethics affect the way that applied ethics is done? (shrink)

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

Contemporary discourse on human rights in Africa constitutes an important and controversial aspect of the general discourse on African society and culture. I begin by examining the idea of human rights as a moral category and discuss its pertinence to African cultural and political life. I then analyze and discuss the two dominant positions in the current debate, namely, the communitarian and the individualist theses. I argue that both positions are inadequate because they dissociate dimensions of life that (...) need to be interpreted in their interplay. Drawing upon samples of traditional African religious and ethical traditions, I propose a personalist theory of human rights that affirms the intrinsic individuality and sociality of the human status. (shrink)

In a world where increasingly more voices from different geographical areas talk speak about equality between people, religions are called to uphold and preach human dignity and rights of all people, without taking account of race, sex or religion. In the interreligious dialog, the meetings between representatives of Christianity and Islam have multiplied considerably and they deal with themes analyzing preaching and defending human rights at all levels of life. From the preceding discussion it is clear that the (...) human rights issue is quite sensitive, especially after the latest political, economic and social events that have shaken the world in which we live. After the period of time that the proclamation and recognition of global human rights were made as contained in the various international documents, it was passed into a new phase where the followers of different religions should work together for human dignity and human rights. (shrink)

Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by (...) examining the theory and practice of minority rights law in these vastly different settings. (shrink)

Résumé Ce document examine les liens entre la manière de rendre compte de la réalité sociale esquissée par George Herbert Mead et développée par Beth Singer et la contrepartie que l’on trouve chez les promoteurs du réalisme critique. Que ce soit principalement dans l’optique d’une défense de la pertinence des contributions de Mead ou dans la perspective d’un raffinement de l’ontologie sociale associée au réalisme critique, les auteurs qui ont déjà comparé ces perspectives ont considéré avant tout les différences. Dans (...) cet article, je soutiens qu’il existe des similitudes importantes entre la manière de rendre compte de la collectivité, des normes et des droits chez Mead et Singer et les thèses récentes énoncées de certains partisans du réalisme critique. En outre, je suggère que dans les cas mêmes où les limitations de l’analyse de Mead sont évidentes, par exemple dans sa description par trop « socialisée » du soi, diverses réponses aux critiques peuvent être apportée et plus d’une se trouve en cohérence avec des aspects centraux du réalisme critique. (shrink)

Their treatment of such human rights political participation, freedom of conscience, and religious toleration demonstrate, Oh says, that Islam should have a ...

ABSTRACT McCabe is right on one thing and wrong on another. She is right to draw our attention to the different aspects that a verb might have—and not only because attention to aspect helps us understand what is going on in Plato’s Euthydemus. Getting straight on aspect promises benefits for our philosophy of action, and for our metaphysics more generally, comparable to those of getting straight about modality and about excuses. The same is true of getting straight on the active, (...) middle, and passive voices. She is wrong to suggest that we need a properly developed theory of inference before we can be confident in detecting fallacy. Such a suggestion is like saying that we may not dismiss a conjuror’s tricks unless we can say how they are done. (shrink)

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)

Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A‘la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support for (...) the role of reason in Islamic faith and his less-negative assessment of the West lead him to more vigorous support for the human rights agenda. This study raises the question of whether the humility needed in comparative ethics and the respect for others at the root of human rights are necessarily linked. (shrink)

In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of (...) economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable. (shrink)

In 2006, a WHO survey found evidence of a substantial increase in patient-led litigation against health authorities and funders over access to medicines around the world. New Zealanders have seldom litigated denials of access to health care. Part of the explanation lies in the fact that New Zealand has a legislated patients' "bill of rights", with enforcement through a complaints mechanism. Although the separate regime does not afford patients substantive legal protection in respect of complaints about lack of access (...) to care, this form of alternative, low-level resolution of health care disputes does condition disgruntled patients not to turn to the courts for legal redress in relation to their rights. But given the increasing need for prioritization arising from serious concern about the sustainability of the public health system, as well as a trend towards greater explicitness when it occurs, increased disappointment on behalf of patients and the public when care is denied or limited seems inevitable. This may well translate into increased patient-led litigation against health boards and funders. Part 1 provides an overview of the New Zealand health system, with a focus on the points at which resource allocation decisions are made, the identity of the decision-maker, and the methods by which priority-setting occurs. Part 1.1 describes inequalities between population groups in New Zealand, both in health outcomes and in access to health care. Part 2 describes the legal framework surrounding the health and disability sector, and discusses the lack of legislated rights to health and the limited right of access to health care in legislation, despite the existence of a legally enforceable Code of Health and Disability Services Consumers' Rights. (shrink)

This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations in the country. Results also suggest (...) two different types of human rights contention. National human rights movements, present in Argentina and Guatemala, involved HROs and demanded improvements in the national human rights situation. The other form is ancillary human rights protest, in which human rights challenges are led by a variety of groups, focus on repression particular to the groups involved and are either short-lived or part of a more general wave of opposition. This form of contention was more prevalent in Brazil, Chile, Mexico, Nicaragua, and Venezuela. (shrink)

Recent theoretical analysis has exhibited a structural ambiguity in the normative foundation of the tort of negligence, namely uncertainty whether liability is based on the breach of a legal duty or on the responsibility for the victim's loss. This normative ambiguity is due to the fact that the European law of extracontractual liability was conceptually framed for purposes totally different from modern ideas of fair distribution of risks that have historically been connected with rights- based conceptions of tort law. (...) From a comparative point of view it becomes apparent thatdf the idea of protecting individual rights by tortious remedies is constitutive for the modern European law of extracontractual liability, although hidden beyond the dominant terminology of duties, breach and wrong. Thus it is submitted that a rights-based analysis of the law of torts offers a significantly better understanding than traditional duty-models can achieve. (shrink)

The alt-right claims it responsibly advocates for its positions while the Ku Klux Klan was “ad-hoc.” This allows them to accept the philosophy of white nationalism while rejecting comparisons with prior white nationalist organizations. I confront this by comparing the methodologies of alt-right trolls and the KKK. After studying each movement’s genesis in pranks done for amusement, I demonstrate that each uses threats to police behavior, encourages comradery around ethnic heritage, and manipulates politics to exclude voices from public deliberation. Differences (...) between alt-right trolls and the KKK originate in the technologies they use, not out of a concern for responsible advocacy. (shrink)

This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for women‘s inequality in (...) employment is found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

Newcomb's problem and similar cases show the need to incorporate causal distinctions into the theory of rational decision; the usual noncausal decision theory, though simpler, does not always give the right answers. I give my own version of causal decision theory, compare it with versions offered by several other authors, and suggest that the versions have more in common than meets the eye.

Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms (...) are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries and upcoming specifics in the relation interrogations vs. remaining silent. (shrink)

A normatively appropriate response to the exploitation of sweatshop labor in developing countries should center on labor rights. Satisfactorily secured labor rights will help workers to craft adequate compensation packages and workplace standards that keep them safe while allowing them to compete effectively in the global marketplace. Labor rights provide a more flexible and economically reasonable alternative to trade barriers as sources of protection for workers.

The bioethical principle of autonomy is of paramount importance within medical practice. The extent to which a patient’s autonomy overlaps or conflicts with the physician’s duty of beneficence and non-maleficence, however, is not so clear cut, especially for those cases in which the patient’s request for medical intervention goes against the physician’s advice, either because of personal belief or because there is uncertainty regarding the therapeutic approach. Body integrity dysphoria (BID) is a condition that has been included recently in the (...) International Classification of Diseases, 11th edition (ICD-11). It may lead an affected individual to develop an intense desire to remove a specific body part in order to restore congruity between their body and their mind. Thus, its occurrence creates challenging moral and ethical dilemmas for the medical world (Loriga, 2023). The aim of this study was to investigate how Czech physicians understood, assessed and supported patient autonomy regarding requests for invasive body modifications. The objective was to produce a blueprint regarding how much a patient could influence the medical treatment they could gain within the Czech medical system and to develop a comparison with the ethical challenges of BID. A five-section survey was designed and submitted to Czech physicians on topics relevant to the BID debate. On the surface, the results showed an apparent predisposition toward collaboration between doctors and patients. However, further investigation showed that this supposed collaboration crumbled as the physiological risk-reward ratio moved further toward risk, which caused physicians progressively to rely less on the patient’s opinion and psychological needs. Moreover, a strongly authoritarian approach was evident, which became overwhelming in cases of amputation requests and removed, a priori, any collaboration. The results indicate that the Czech medical system does not accept or comprehend fully patients’ psychological needs, and therefore the BID phenomenon is a long way from being understood, which requires a fundamental paradigm shift. (shrink)

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such as (...) democracy, toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities. (shrink)

Censorship in the area of public health has become increasingly important in many parts of the world for a number of reasons. Groups with vested interest in public health policy are motivated to censor material. As governments, corporations, and organizations champion competing visions of public health issues, the more incentive there may be to censor. This is true in a number of circumstances: curtailing access to information regarding the health and welfare of soldiers in the Kuwait and Iraq wars, poor (...) health conditions in Aboriginal communities, downplaying epidemics to bolster economies, and so forth. This paper will look at the use of a computer worm (the benevolent health worm) to disseminate vital information in␣situations where public health is threatened by government censorship and where there is great risk for those who ‹speak out’. The discussion of the benevolent health worm is focused on the Peoples’ Republic of China (China) drawing on three public health crises: HIV/AIDS, SARS and Avian Influenza. Ethical issues are examined first in a general fashion and then in a specific manner which uses the duty-based moral philosophy of Confucianism and a Western human rights-based analysis. Technical, political and legal issues will also be examined to the extent that they better inform the ethical debate. (shrink)

This article’s central aim is to debunk the overly simplified, paradigmatic, and essentialist description of certain types of Muslim sexuality, arguing that such essentialist characterization of Muslims ignores the nonunique social determinants (poverty, education, and sociostructural exclusions) of HIV/aids risk in an increasingly globalized world. To support this argument, we rely on a thematic and comparative analysis. A reoccurring theme in this project is that issues of public health, human rights, justice, and social empowerment are inextricably intertwined. Having (...) established a conceptual framework linking health and human rights, we use a comparative analysis of the cases of Iran, Indonesia, and Bangladesh in an attempt to single out similarities and differences among these cases. All these cases hold a majority Muslim population (at 98%, 86%, and 89%, respectively) and are also representative of the two primary strands of Islam: Shi’a and Sunni. Additionally, each of these states has signed the Declaration of Commitment on HIV/aids and reports the progress of their HIV/aids treatment and prevention efforts to United Nations Program on HIV/aids, the United Nations organization tasked with monitoring and combating the spread of HIV/aids. (shrink)

Since the 1970s, the United States has adopted a trade policy agenda that has forced countries to trade away flexible patent provisions for access to US markets. While pharmaceutical companies have argued that the recognition of patent rights is essential for recovering investments in research and development of pharmaceuticals and incentivizing future innovation, the lack of competition has had damaging consequences for public health, as companies tend to set the prices of treatments beyond the reach of consumers and government (...) programs. Thailand and Brazil are bound by law to provide universal access to anti-retroviral treatment (ART) to People Living with HIV/AIDS (PLWHA). This has been made possible in part due to the universal health care systems in each country and the countries' local technical and industrial capacities that provide the government with affordable generic medicines. The introduction of stronger intellectual property protection laws however, has limited possibilities for procuring generic medicines and inflated the cost of treatment. Between 2006–2008, Thailand and Brazil used compulsory licensing to authorize generic competition against the consent of the pharmaceutical companies in order to guarantee the right to health and ensure the viability of government health budgets. This paper will demonstrate how the interaction between individual / collective action and structural and institutional elements in Thailand and Brazil produced propitious conditions for each country to assert the primacy of health over patent rights. (shrink)

Many scholars, Muslim and Western, struggle to understand the concept of human rights in Islam and its status in contemporary Islamic societies. There is much debate because often the discussion of “universal” human rights does not address the subject of religion at all. Furthermore, the language of “universal” human rights, as presented in Universal Declaration of Human Rights, is not explicit in Islam’s primary and secondary sources, including the Qur’an and Hadith. The Rights of God: (...) Islam, Human Rights, and Comparative Ethics attempts to address this sensitive and largely unexplored relationship between Islam and human rights, by further focusing on, what the author calls, “comparative religious ethics,” which “seeks to understand ethical values across religions and cultures.” To demonstrate diversity of opinions on this issue, Irene Oh studies and compares the religious ethics of Abul A’la Maududi, Sayyid Qutb, and ‘Abdolkarim Soroush. This text opens the door for further research to investigate into the issue, and uncovers that “universal” ideas of human rights have found their way into Islamic thought. (shrink)

In 1991 Mark Nelson argued that if time is infinitely long towards the future, then under certain easily met conditions traditional utilitarianism is unable to discriminate among actions. For under these conditions, each action produces the same infinite amount of utility, and thus it seems that utilitarianism must judge all actions permissible, judge all actions impermissible, or remain completely silent. In response to this criticism of utilitarianism, I argued that utilitarianism had the resources for dealing with at least some cases (...) of infinite utility. More specifically, I defended the following principle as being part of the "spirit" of traditional (total) utilitarianism: -/- PMU*: An action a1 has better consequences than an action a2 if and only if there is a time t such that for any later time t' the cumulative amount of utility produced by a1 up to t' is greater than that produced by action a2 up to t'. -/- For the usual finite cases, this principle agrees exactly with the standard approach of comparing totals. For infinite cases, however, it can distinguish among two actions each of which produces an infinite amount of utility. It says, for example, that an action that produces 2 units of utility at each time has better consequences than an action that produces 1 unit of utility at each time -- even though they both produce the same infinite amount of utility. Of course, cases where one action produces more utility than a second at each time are going to be rather rare. PMU* is not limited to such cases, however; it also has bite in cases such as the following: -/- Time a1: 1, 1, 1, 1, 2, 2, 2, 2, 2, ... a2: 3, 3, 3, 3, 1, 1, 1, 1, 1, ... -/- For although the cumulative utility of a1 up to and including the fourth time is only 4 utiles and a2's is 12, a1 starts catching up after that, ties a2 in the 12th time, and stays ahead after that. Thus, PMU* judges a1 as having better consequences than a2. I claimed that PMU* better captured the "spirit" of traditional utilitarianism than the usual sum total view -- on the grounds that almost anyone inclined to defend traditional utilitarianism would, upon reflection, want to hold, for example, that 2 utiles at every time is indeed better than 1 utile at each time. Two responses to my view have since been given in this journal. Luc Van Liederkerke has argued that PMU* violates an anonymity (neutrality, impartiality) condition that is central to utilitarianism. And James Cain has argued that PMU* is not person-centered, and that being so is central to utilitarianism. Here I will reply to the criticisms. Basically, I will acknowledge that each is right about an important point, but deny that this establishes that the core idea underlying PMU* is less plausible than the standard sum-ranking versions of utilitarianism. (shrink)

This collection of essays, by Reding, in the emergent field of Sino-Hellenic studies, explores the neglected inchoative strains of rational thought in ancient China and compares them to similar themes in ancient Greek thought, right at the beginnings of philosophy in both cultures. Reding develops and defends the bold hypothesis that Greek and Chinese rational thinking are one and the same phenomenon. Rather than stressing the extreme differences between these two cultures - as most other writings on these subjects - (...) Reding looks for the parameters that have to be restored to see the similarities. Reding maintains that philosophy is like an unknown continent discovered simultaneously in both China and Greece, but from different starting-points. The book comprises seven essays moving thematically from conceptual analysis, logic and categories to epistemology and ontology, with an incursion in the field of comparative metaphorology. One of the book's main concerns is a systematic examination of the problem of linguistic relativism through many detailed examples. (shrink)

In The Case for Animal Rights, Tom Regan defends the view that all animals who are “subjects of a life” have an equal moral right to life. In this chapter, I consider whether it makes sense to think that animals have an equal right to life in light of the challenge that life has less value for animals than humans. This challenge raises two central questions: (1) does life have less value for animals than humans and (2) if it (...) does, does this fact justify the view that animals do not have an equal right to life. I argue, first, that life has greater value for most humans than animals because most humans are capable of experiencing higher qualities of enjoyment in life, in the form of creative, intellectual pleasures. However, this does not justify denying that animals have an equal right to life. Whether beings’ lives deserve strong respect depends on whether the value of life for those beings meets a certain threshold. I argue that the value of life for many animals meets this threshold because it is compatible with the virtue of compassion. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Owen Flanagan's The Bodhisattva's Brain represents an ambitious foray into cross-cultural neurophilosophy, making a compelling, though not entirely unproblematic, case for naturalizing Buddhist philosophy. While the naturalist account of mental causation challenges certain Buddhist views about the mind, the Buddhist analysis of mind and mental phenomena is far more complex than the book suggests. Flanagan is right to criticize the Buddhist claim that there could be mental states that are not reducible to their neural correlates; however, when the mental states (...) in question reflect the embodied patterns of moral conduct that characterize the Buddhist way of being-in-the-world, an account of their intentional and normative status becomes indispensable. It is precisely this synthesis of normativity and causal explanation that makes Buddhism special, and opens new avenues for enhancing, refining, and expanding the range of arguments and possibilities that comparative neurophilosophy can entertain. (shrink)

HOME . ABOUT US . CONTACT US HELP . PUBLISH WITH US . LIBRARIANS Search in or Explore Browse Publications A-Z Browse Subjects A-Z Advanced Search University of Cambridge SIGN IN Register | Why Register? | Sign Out | Got a Voucher? prev abstract next Two Approaches to Reading the Historical Descartes A Devout Catholic? Knowledge of The Mental Thought and Language Descartes as A Natural Philosopher Substance Dualism Notes Two Approaches to Reading the Historical Descartes Author: Desmond M. Clarke (...) DOI: 10.1080/09608780902986680 Publication Frequency: 5 issues per year Published in: British Journal for the History of Philosophy, Volume 17, Issue 3 June 2009 , pages 601 - 616 John Cottingham: Cartesian Reflections: Essays on Descartes's Philosophy (Oxford: Oxford University Press, 2008) 40.00 (hb.). ISBN 978-0-19-922697-9 John Cottingham, in a new collection of essays, asks the question: 'what exactly did Descartes himself chiefly take himself to be doing?' (254). 1 While the question is relatively clear, and while it acknowledges implicitly that Descartes was probably doing a range of different things, the answer that is apparently proposed here emerges only on reading the whole collection. Cottingham distinguishes in Chapter 1 - which is a new, synoptic overview of what is discussed in the other chapters, all of which were previously published - between two approaches to reading Descartes. One is to see him as 'a dummy on which to drape various suspect doctrines (such as “Cartesian dualism”)' (3), which contemporary analytic philosophers have shown to be radically mistaken. Another approach is adopted by historians of ideas 'who make it their life's work to pay meticulous scholarly attention to the philosophical works of past ages' (3). Cottingham does not explicitly criticize either of these approaches, but he hints at situating his own as some kind of Aristotelian middle course between the two. Since the two reference points are dangerously close to straw men or what Cottingham calls 'extreme positions', the proposed middle way may simply combine elements of two approaches, each of which is entirely legitimate. I return to this question at the conclusion. In fact, many of these essays were intended to show (rightly!) that Descartes never held the philosophical positions that are often attributed to him. The interpretation of Karol Wojtyla, later Pope John Paul II, provides a good example of how mistaken one can be: The Cogito ergo sum radically changed the way of doing philosophy … After Descartes, philosophy became a science of pure thought: all that is being- the created world, and even the Creator, is situated within the ambit of the Cogito, as contents of human consciousness. Philosophy is concerned with beings as contained in consciousness, and not as existing independently of it. (257) The only way to address such a caricature is to refer back to what Descartes actually wrote. Cottingham does precisely that, often quoting the original Latin or French texts. However, having shown successfully, by a close reading of the texts, that Descartes did not hold many of the views that are attributed to him, it still remains to say what Descartes did hold or teach about various philosophical problems that retain their perennial interest for us. This is how the question arises, intermittently, about what Descartes thought he was 'chiefly' doing, or what was his primary objective, in the course of an intellectual career that spanned three decades. However, the apparently legitimate desire to bring Descartes' intellectual endeavours into sharp focus may be frustrated by the evidence. His life and work manifestly lack the coherence or unity of purpose that one finds, for example, among many of his French or Dutch contemporaries. It is comparatively easy to 'read' the life of Gisbertus Voetius as that of an unwavering Calvinist theologian, to see Antoine Arnauld as a staunch and consistent theological defender of Port Royal, and even to interpret the obviously fragmentary contents of Pascal's unpublished notebooks (subsequently, the Penses) as an extended search for authentic religious faith, in opposition to what he perceived as the corruption of ecclesial structures. In contrast, Descartes' life reveals features that are difficult to integrate into a coherent pattern. He lived and published during a critical juncture in the Scientific Revolution of the seventeenth century. Although baptized into the Catholic Church soon after his birth in the Loire district of France, he chose to live most of his life in the aggressively Calvinist United Provinces, in which other religious practices were officially (though often ineffectively) banned. Descartes may have adopted the motto from Ovid, at least early in his career: 'bene vixit qui bene latuit' (he lives well who conceals himself well), and he seems genuinely to have wished to avoid theological controversies. However, he engaged in very public controversies with so many of his contemporaries - including Hobbes, Gassendi, the French Jesuits (collectively) and Father Dinet (in particular), Voetius and the University of Utrecht, Regius, Fermat, Roberval, Revius and other theologians at Leiden - that one might conclude that his claimed preference for a quiet life was a disingenuous mask. 2 Descartes published four books during his lifetime, and wrote at least one other that he had intended to publish. The latter was his first major composition, Le Monde, which he suppressed when he heard about Galileo's condemnation by Rome in 1633. This was followed, in 1637, by Descartes' first book (also written in French), which he tried to publish anonymously by withholding his name from the title page: the Discours de la methode pour bien conduire sa raison, & chercher la verit dans les sciences. Plus la dioptrique, les meteors, et la geometrie, qui sont des essais de cete methode. Four years later Descartes published the first edition (in Latin) of Meditationes de prima philosophia, in quibus Dei existentia et animae immortalitas demonstrator, which also included six sets of objections and replies. The Principia philosophiae appeared (in Latin) in Amsterdam in 1644, and was followed five years later by Les Passions de l'Ame (in French). 3 In parallel with these publications, Descartes carried on a very extensive correspondence over a thirty-year period (in both Latin and French), and preserved copies or drafts of his letters with a view to future publication. Given the range and variety of his interests, and the sheer volume of writings, published or otherwise, that have survived from his pen, one may be tempted to engage in a comparative evaluation, as Cottingham does, by selecting one of Descartes' books as his primary contribution to philosophy. Cottingham claims that the Meditations was Descartes''masterpiece' (44), 'the definitive statement of Descartes's philosophy' (45) and the 'definitive statement of his metaphysics' (68). He also describes the Meditations more narrowly as 'his metaphysical masterpiece' (259, 303) and, more broadly, as 'his philosophical masterpiece' (289), and he lists it with the Discours as one of Descartes' two 'masterworks' (280). The Principia offers some competition in this comparative judgement when it is described as 'the canonical presentation of his metaphysical views' (114), while 'the construction of a moral system … was the crowning aim of his philosophy' (231). Having pitched repeatedly for the Meditations as Descartes' primary text, Cottingham claims that its author was 'a devout Catholic' (215), that he was 'a devoutly religious philosopher' (256), and that he could not free himself 'from the influence of the long years of theological study he had dutifully completed at La Flche' (62). Accordingly, the Meditations should be read as 'in essence a work of theodicy' (220); 'what has pride of place in the construction of his philosophical system is … an appeal to God … the nature and existence of the Deity is something that lies at the very heart of his entire philosophical system' (255). Without quite saying so, there are hints here that Descartes was a devout Christian whose primary intellectual contribution was to write a work of metaphysics, in which God is central and in the course of which the author alternates between proving God's existence and contemplating God - the latter a seventeenth-century version of Bonaventure's Journey of the Soul to God. 'Descartes's attraction to a contemplative mode of philosophizing' (305) is reflected, in the Meditations, in 'the language of the soul's coming to rest in adoring contemplation of the light' (306). Cottingham also accepts the overwhelming evidence from Descartes' correspondence that he 'devoted most of his career not to metaphysics but to science' (108), although he quibbles elsewhere with those who adopt the shorthand term 'science' to describe part of what was called 'natural philosophy' in the seventeenth century (282). He also refers to the '(notoriously lame) argument for the essential incorporeality of the thinking self' in one of Descartes' masterworks (60), and he describes the 'strange, seemingly isolated world of his metaphysical meditations' (139), with its 'creaking ontology' (147), when read in isolation from the rest of his work as a natural philosopher. How should we read him, then, in the twenty-first century? A Devout Catholic? That Descartes was a devout Catholic is possible, unlikely and undecidable. He seems not to have studied theology at all while at school at La Flche, although he completed the pre-theology college cycle in the company of Jesuit students who then continued their studies in theology. Descartes consistently attempted to avoid public entanglement with religious and theological controversies, and said so frequently. 4 Given the alignments that prevailed at the time, both in France. (shrink)