Does the fact that my actions cause someone to lack access to the objects of her human rights make me a human rights violator? Is behaving in such a way that we deprive someone of access to the objects of her human rights even when we could have avoided behaving in such a way, sufficient to maintain that we have violated her human rights? When an affluent country pursues domestic policies that will foreseeably cause massive deprivation abroad in order to (...) improve its already prosperous economy, has this country violated the human rights of the very poor just by doing so? If international organizations such as the International Monetary Fund and the World Trade Organization pursue policies that lead to an increase in the global poverty rate, are such organizations human rights violators? Can an individual undertaking certain actions in the market place that render insecure the access of the worst-off to the objects of their human rights be blamed for violating their rights?In this article I discuss the thesis that claims that whenever we cause, or contribute to the cause of, someone else's lack of access to the objects of her human rights, we are human rights violators. I contend that this thesis, which seems to underpin the arguments of many cosmopolitan authors taking part of the global justice debate, is mistaken. In order to achieve this end, I analyze several alternative formulations of the causal thesis. My conclusion is that before it can be said that an agent has violated someone else's human rights, it has to be proven that this agent has caused, or contributed to the cause of, a state of affairs where someone lacks access to the object of some of her human rights, by infringing a duty not to do so. Furthermore, I maintain that this must be a perfect, as opposed to an imperfect, duty. (shrink)

Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; (...) class='Hi'>correlative negative duties are generally thought to be universal; by analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections. (shrink)

According to an influential view about directed expressive duties (e.g., duties to express gratitude to benefactors, remorse to victims, forgiveness to wrongdoers), these duties do not have rights as their correlates, because they are not demandable and enforceable. The chapter argues that this view is mistaken. Like other directed duties, directed expressive duties are demandable and enforceable. While this does not entail that these duties have rights as their correlates, it does create a strong (...) presumption of this being the case. This shifts the burden of proof from those who hold that expressive duties correlate with rights to those who deny it. (shrink)

This chapter explicates and critically assesses RIGHTS CORRELATIVITY. Section II addresses three core issues. The first concerns the conceptual structure of the tethered positions: does correlativity mean that the positions’ features must be symmetrical? Are correlative rights and duties the “mirror images” of one another, or not? A second issue is Existential correlativity: must the positions invariably co-obtain, or can one exist with the other(s)? Can there be a right without a correlative duty, and vice versa? A (...) third issue concerns Justificational correlativity: must all correlative relationships be explained in terms of one position grounding the other(s)? Is it always the case that A’s right is the reason for B’s duty, the basis for imposing a duty on B in the first place? Section III then demonstrates how Wesley Hohfeld’s understanding of rights correlativity motivated all of the novel features in his schema of jural relations, some of which I defend from criticisms. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their (...) correlative duties, while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the various types of jural relations. Hohfeld’s scheme has been justly regarded as a seminal contribution to analytical jurisprudence, and has stimulated lively debate since. This Essay aims to refute one of Hohfeld’s fundamental and most influential theses: the axiom of right–duty correlativity. To do so, it employs the simplest refutation strategy in first-order logic, namely providing a valid counterexample. Part I discusses earlier attempts to (...) do likewise, and explains why they failed. For the most part, previous illustrations of ostensibly standalone rights or standalone duties neglected relevant parties who could owe the correlative duties or hold the correlative rights, respectively. Part II puts forward a simple argument: There are abstract duties in private law that ban certain types of conduct without reference to specific victims. Those duties are not necessarily correlative with rights, although their breach may generate secondary duties with corresponding rights. In particular, tort law allows plaintiffs to recover for harm caused by breach of duty that occurred before they acquired legal personality. This is tantamount to recognizing duties that are not correlative with rights, and therefore invalidates the correlativity axiom. (shrink)

Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...) liability as a normative practice in which the plaintiff makes a claim against the defendant. Under the juridical conception, corrective justice is the synthesis of two complementary abstractions: correlativity and personality. Correlativity articulates at the most general level the relationship between the interacting parties as doer and sufferer of the same injustice. Personality, i.e., the idea of purposiveness regardless of one's particular purposes, similarly articulates at the most general level the conception of the interacting parties that is presupposed in a regime of rights and their correlative duties. The leitmotif of the emerging consensus is the idea of correlativity, which is now effectively accepted by all of the theorists mentioned, even by those who initially rejected it. Personality, on the other hand, has gained less support, because of the apprehension that it implies that rational agency, as elaborated by Kant or Hegel, is a philosophical truth from which tort theory can be derived. This reason for dismissing personality is insufficient. Corrective justice comes into view not by being derived from a notion of rational agency but by reflection on the most general ideas implicit in liability as a normative practice. Personality is merely the abstraction that represents the parties as the bearers of rights and their correlative duties. Like correlativity, it owes its status within corrective justice to its being implicit in the law's doctrines and institutions. Consequently, whether the Kantian or Hegelian notion of rational agency is plausible is a philosophical question that lies beyond tort theory and that does not affect the place of personality within a corrective justice approach to liability. Moreover, if correlativity and personality are indeed complementary, acceptance of the former should lead to acceptance of the latter. Such acceptance would provide the theorists who now reject it with a concept that would be serviceable for their own formulations. In any case, the consensus about the highly structured notion of correlativity indicates that the main lines of the corrective justice approach to tort law are now firmly established. Although refinements inevitably remain to be made, radical revisions are unlikely to result from further reworking the standard material of corrective justice tort theory. Scholarly attention should instead turn to the examination of the place of corrective justice within the legal order as a whole and to the expansion of the corrective justice analysis from tort law to other bases of liability. (shrink)

This paper explores the relationship between a person's claim right not to be harmed and the duties this claim confers on others. I argue that we should reject Jonathan Quong's evidence-based account of this relationship, which holds that an agent A's possession of a claim against B is partly determined by whether it would be reasonable for A to demand B's compliance with a correlative duty. When B's evidence is that demanding compliance would not be reasonable, A cannot (...) have a claim against B. I suggest that some of the putatively problematic cases that Quong identifies can be resolved by plausibly narrowing the scope of the right not to be harmed. I also argue that Quong's view leads to implausible conclusions, and that his account of what happens to A's claim in the face of lesser-evil justifications is inconsistent with his broader view. I then defend the view that agents are required, and not merely permitted, to act on lesser-evil justifications. I further argue that A may not defend herself against the infliction of harms that are justified on lesser-evil grounds. However, she may defend herself in cases where B is only evidentially, and not objectively, justified in harming her. (shrink)

In “Evictionism and Libertarianism,” published in this journal, Walter Block defends the view that, although the fetus is a human being with all the rights to its body, it may nonetheless be evicted from the woman’s body as a trespasser, provided the pregnancy is unwanted. We argue that this view is untenable: the statement that the unwanted fetus is a trespasser does not follow from the premises that the fetus uninvitedly resides in the woman’s body and that the woman is (...) a full self-owner. For this statement to follow, one more statement would have to be true; namely, the woman would have to hold her self-ownership rights specifically against the fetus, and for this to be the case, the fetus would have to have a correlative duty to the woman to abstain from interfering with her body. This statement, however, is false. (shrink)

The question of the world in itself — the world beyond its correlation with experience in the broadest sense — is one of the sore points of phenomenology and becomes especially acute in the light of modern discussions around correlationism. These discussions, in one way or another, make phenomenology come around to the classical distinction between the phenomenon and the thing-in-itself, with the help of which Kant outlines the field of ethics as a special world lying on the other side (...) of the correlation of knowledge and object constitutive for nature. Philosophy deals with the thing-in-itself in the proper, positive sense of the word, not as phenomenology (transcendental philosophy, which reveals the correlation of knowledge and reality in the world of phenomena and the futility of attempts by theoretical reason to know anything beyond phenomena), but as a critique of practical reason. The article attempts to consider the opposition of the thing-in-itself and the phenomenon in the context of the criticism that Kant’s practical philosophy is subjected to in Hegel’s The Phenomenology of Spirit and to explicate the arguments that this criticism makes available to phenomenology for rethinking the problem of Ding an sich and the ethical dimension of the epoche. The first part of the article examines the Hegelian analysis of the main contradiction contained in the Kantian opposition of duty as something that is in itself, and nature as a phenomenon (this opposition forms what Hegel calls the moral worldview): duty does not depend on nature and therefore does not need natural (phenomenal) realization in actions, but at the same time, duty is nothing but the necessity of actions and, consequently, the necessity of a phenomenon. This contradiction, as Hegel shows, leads to the disintegration of the moral worldview and, thus, turns into the sublation of the absolute separation of duty (thing in itself) and nature (phenomenon). The restitution of the difference between the moral an sich and the phenomenon within conscience — a phenomenon that arises as a result of the destruction of the moral worldview — turns into a new paradox, which demonstrates that the thing-in-itself (ethical good), since it is freed from the phenomenon, is not only unreal, but also turns into its own opposite. The paradox consists in the fact that the consciousness of duty, taken in its independence from the phenomenal realization in actions, becomes evil itself, turning to hypocrisy in the moral judgment about other people’s actions. In the second part of the article, the significance of the Hegelian critique of Kant’s practical philosophy for the phenomenological destruction of the difference between the thing-in-itself and the phenomenon and the problematization of the ethical dimension of the phenomenological method is explicated. Tracing the naive origins of this difference in the natural attitude and their transformation in Kantian philosophy, the author tries to consider the sublation of the opposition of the thing-in-itself and the phenomenon in the field of ethics as one of the possible paths to phenomenology. It is shown how the necessary relation of the supra-worldly an sich with the situational nature of its phenomenal realization in actions calls into question the possibility of a phenomenological epoche. The author also seeks to demonstrate that the problematization of the difference between the thing-in-itself and the phenomenon does not turn phenomenology into a system in the Hegelian sense. (shrink)

Real and Personal Rights.—In different systems of legal nomenclature the term “right” has different meanings, some writers applying it in a restricted, and others in a wider, sense. I shall use it in its wider sense as including “personal rights,” “proprietary rights,” “powers,” “liberties,” “licences,” and so on. The precise meaning of these various kinds of right need not be discussed here, because all legal rights can be broadly divided into two main classes—“personal rights” and “real rights.” As reference will (...) occasionally be made to this broad distinction, a brief explanation of its character is necessary. According to Gloag and Henderson, the difference between real rights and personal rights is correlative to the distinction between duties and obligations. Thus, if I have the full proprietary right in a certain article, including possession and use, this is called a Real Right; and I can make the demand against men in general, or “the world at large,” that my possession and use should not be interfered with. The world at large owes me the Duty of non-interference. I may, however, lend my property to someone for a stated period; and at the end of this period I have the right that he in particular should perform the specific act of returning my property to me. Here it is said that I have a Personal Right against him, and that he has an Obligation to perform this specific act. (shrink)

This article engages with Jaffey's recent contribution on the nature of no-prior-duty remedial obligations. Jaffey's use of a right-liability relation and his challenge to Hohfeld's analytical scheme are rejected as unsound. An alternative model distinguishing three pathways to account for remedial obligations and other legal consequences is proposed. This draws on the Hohfeldian scheme but extends it to permit the full expression of reflexive liabilities, mutually correlative liabilities, and the operation of nonhuman conditions. The proposed approach also recognizes a (...) weaker form of a Hohfeldian power, which is required in considering the way that the law deals with the allocation and realization of risk. (shrink)

This paper discusses the utilization of pilots' physiological indications such as electroencephalographic signals, ocular parameters, and pilot performance-based quantitative metrics to estimate cognitive workload. The study aims to derive a non-invasive technique to estimate pilot's cognitive workload and study their correlation with standard physiological parameters. Initially, we conducted a set of user trials using well-established psychometric tests for evaluating the effectiveness of pupil and gaze-based ocular metrics for estimating cognitive workload at different levels of task difficulty and lighting conditions. Later, (...) we conducted user trials with the NALSim flight simulator using a business class Learjet aircraft model. We analyzed participants' ocular parameters, power levels of different EEG frequency bands, and flight parameters for estimating variations in cognitive workload. Results indicate that introduction of secondary task increases pilot's cognitive workload significantly. The beta frequency band of EEG, nearest neighborhood index specifying distribution of gaze fixation, L1 Norm of power spectral density of pupil diameter, and the duty cycle metric indicated variations in cognitive workload. (shrink)

The correlativity of rights and obligations is one of the few stock topics in the basic repertory of English-speaking philosophy th-t is considered suitable for assignment to philosophers specializing in political philosophy. It is a topic perennially discussed, chiefly for reasons that have little to do with its importance: namely, just because it is a recognized topic and because it appears to be a safely tidy one that lends itself readily to being tidied up further by formal or quasi-formal considerations. (...) For my part, I wish more effort went into discussing less tractable subjects like the individuation of rights and their delimitation vis-à-vis one another.What I have to contribute to the subject of correlativity, returning to the scene of my comments on David Lyons’ paper, “The Correlativity of Rights and Duties,” is mainly a stint of annual or biennial repair-work, designed to restore the obvious — the truth that rights do imply obligations and cannot be understood without accepting this implication. (shrink)

Over the last 80 years, a major goal of medical educators has been to improve the quality of applicants to medical school and, hence, the resulting doctors. To do this, academic standards have been progressively strengthened. The Medical College Admission Test (MCAT) in the United States and the undergraduate science grade point average (GPA) have long been correlated with success in medical school, and graduation rates have been close to 100 percent for many years. Recent studies have noted that some (...) doctors having difficulties in practice were found to have had similar problems while in school. In this essay, we present a brief historical account of attitudes and approaches to admissions requirements, then discuss basic broad areas of accomplishment in clinical practice: academic mastery, clinical acumen, and professionalism. We then review data that suggest that lack of competency can often be detected very early in a student’s career and may or may not be immune to remediation efforts. We end with a recommendation for a course of action that upholds and fulfills the profession’s social responsibility. This will be a moral argument, defending an aggressive but equitable approach to maintaining both public accountability and trust. (shrink)

Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially (...) vulnerable to our conduct. I argue, though, that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)

This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately (...) wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality. (shrink)

Opponents of euthanasia sometimes argue that it is incompatible with the purpose of medicine, since physicians have an unconditional duty never to intentionally cause death. But it is not clear how such a duty could ever actually be unconditional, if due consideration is given to the moral weight of countervailing duties equally fundamental to medicine. Whether physicians' moral duties are understood as correlative with patients' moral rights or construed noncorrelatively, a doctor's obligation to abstain from intentional killing (...) cannot be more than a defeasible duty. (shrink)

Human rights imply duties. The question is, duties for whom? Without a well-defined scheme for assigning duties correlative to human rights, these rights remain illusory. This paper develops core elements of a general scheme of duty assignment and studies the implications for corporations. A key distinction in such an assignment is between unconditional and conditional duties. Unconditional duties apply to every agent regardless of the conduct of others. Conditional duties reflect a division of (...) moral labour where different tasks are assigned to specific agents, whose default activates back-up duties of other agents. Corporations face unconditional duties to not directly violate the rights of others, and not undermine the division of moral labour through practices such as tax evasion or corruption. Being unconditional, these duties cannot be deviated from by reference to the misconduct of competitors. In addition, corporate conditional duties to protect, promote or fulfil rights can be activated if the state and other designated duty-bearers fail to discharge their duties. (shrink)

I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an (...) error theory consisting in linguistic and practical reasons for why we articulate normative incidents in ways that threaten correlativity. And I deny that abstraction imposes a heavy metaphysical cost on rights theory, though I leave open whether abstraction excludes certain explanatory accounts of rights such as the interest theory or will theory. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

I argue for a plausible view of the African idea and practice of substantive individual rights. This view indicates that rights are a means of enhancing individual dignity in the context of a communal system of correlativity of duties and rights. This view is exemplified in Menkiti’s idea of the priority of duties. I explicate this idea and indicate how it highlights the inherent social-communal nature of humans that is implicated in African normative conception of “personhood”.

The success of any cosmopolitan political project depends on the development of forms of transnational solidarity that go beyond particularist commitments of kin, community, or nation. In this paper, I analyze how transnational solidarity can be generated around basic human rights. Rather than presupposing strong conceptions of a common humanity or a pre-existing sentiment of universal benevolence, I propose that the global discourse on human rights itself – an ongoing, dynamic, and dialogical process carried out within global public spheres – (...) be considered a form of or at least as a developing source for transnational solidarity. Together with the politics of human rights promoted by NGOs within global public spheres, this global discourse can contribute to constructing transnational solidarity around human rights. But a human right to basic subsistence, and commitment to fulfilling the correlative duties to the global poor, must be central to the cross-cultural dialogue on human rights for their to be adequate transnational solidarity around a global human rights regime. I frame my central argument through an engagement with Jürgen Habermas's revision of the Kantian cosmopolitan project. (shrink)

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a (...) reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (shrink)

Background:Adolescents’ health choices have been widely researched, but the ethical basis of these choices, namely their rights, duties, and responsibilities, have been disregarded and scale is required to measure these.Objective:To describe the development of a scale that measures adolescents’ rights, duties, and responsibilities in relation to health choices and document the preliminary scale testing.Research design:A multi-phase development method was used to construct the Health Rights Duties and Responsibilities ( HealthRDR) scale. The concepts and content were defined through (...) document analysis, a systematic literature review, and focus groups. The content validity and clarity of the items were evaluated by expert panel of 23 adolescents, school nurses, and researchers. We calculated the content validity index and the content validity ratio at on item and scale levels. Preliminary testing was conducted with 200 adolescents aged 15–16 years. Descriptive statistics, Cronbach’s alpha correlation, and statistics for the item-analysis were calculated.Ethical considerations:Ethical approval and permission were obtained according to national legislation and responsible research practice was followed. Informed consent was obtained from the participants and the parents were informed about the study.Findings:The Health Rights Duties and Responsibilities scale comprises of four sub-scales with 148 items: 15 on health choices, 36 on rights, 47 on duties, and 50 on responsibilities. The items had a 0.93 content validity index and a 0.85 content validity ratio. Cronbach’s alpha correlation coefficient was 0.99 for the total scale and the individual sub-scales scores were health choices (0.93), rights (0.97), responsibilities (0.99), and duties (0.98).Discussion:The findings are discussed in light of the ethical concepts and validity and reliability of the developed scale.Conclusion:The Health Rights Duties and Responsibilities scale defines and understands adolescents’ rights, duties, and responsibilities in relation to health choices and has good content validity. Further testing and refinement of the concepts are needed. (shrink)

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what our right to associational (...) freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties. (shrink)

I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly imperfect duties, and so (...) cannot correlate to a natural right to subsistence. This restricts the helpfulness of a human right to subsistence in our reasoning about what we owe to others. (shrink)

This essay rebuts Gary Seay's efforts to show that committing euthanasia need not conflict with a physician's professional duties. First, I try to show how his misunderstanding of the correlativity of rights and duties and his discussion of the foundation of moral rights undermine his case. Second, I show aspects of physicians' professional duties that clash with euthanasia, and that attempts to avoid this clash lead to absurdities. For professional duties are best understood as deriving from (...) professional virtues and the commitments and purposes with which the professional as such ought to act, and there is no plausible way in which her death can be seen as advancing the patient's medical welfare. Third, I argue against Prof. Seay's assumption that apparent conflicts among professional duties must be resolved through "balancing" and argue that, while the physician's duty to extend life is continuous with her duty to protect health, any duty to relieve pain is subordinate to these. Finally, I show that what is morally determinative here, as throughout the moral life, is the agent's intention and that Prof. Seay's implicitly preferred consequentialism threatens not only to distort moral thinking but would altogether undermine the medical (and any other) profession and its internal ethics. (shrink)

:Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as the sole human (...) rights duty-bearers merely by referring to that practice, others criticize the “state-centric” approach to human rights duty-bearers and expand the scope of the latter to include any international institution beyond the state and even private actors. Curiously, however, even those more expansive accounts of human rights duty-bearers are usually very evasive about why it should be so and especially how it should work. The time has come to broach anew the issue of the bearers of human rights duties, and responsibilities of international institutions in human rights theory, addressing two challenges: focusing on relational and directed human rights duties specifically and not on duties of global justice in general, thereby distinguishing between human rights duty-bearers and other bearers of responsibilities for human rights, on the one hand, and accounting for and justifying the point of international human rights law and practice in this respect, thereby also securing internal arguments for reform, on the other. The essay’s argument is four-pronged. It starts with a few reminders about the relational nature of human rights and the relationship between human rights and duties and what this means for the specification of human rights duties. It then focuses more specifically on the identification of human rights duty-bearers, i.e., states and international institutions of jurisdiction like the European Union, and the allocation of human rights duties to them. The third section of the article is devoted to the concurrent moral responsibilities for human rights that are incurred by other various responsibility-bearers outside institutions of jurisdiction. In the final section, the essay considers the revolution potential of the EU’s fast-developing human rights’ duties, and discusses the normative implications of the development of universal international institutions’ human rights duties stricto sensu for international law and politics more generally. (shrink)

Healthcare workers are often assumed to have a duty to work, even if faced with personal risk. This is particularly so for professionals. However, the health service also depends on non-professionals, such as porters, cooks and cleaners. The duty to work is currently under scrutiny because of the ongoing challenge of responding to pandemic influenza, where an effective response depends on most uninfected HCWs continuing to work, despite personal risk. This paper reports findings of a survey of HCWs conducted across (...) three National Health Service trusts in the West Midlands, UK, to establish whether HCWs’ likelihood of working during a pandemic is associated with views about the duty to work. The sense that HCWs felt that they had a duty to work despite personal risk emerged strongly regardless of professional status. Besides a strong sense that everyone should pull together, all kinds of HCWs recognised a duty to work even in difficult circumstances, which correlated strongly with their stated likelihood of working. This suggests that HCWs’ decisions about whether or not they are prepared to work during a pandemic are closely linked to their sense of duty. However, respondents’ sense of the duty to work may conflict with their sense of duty to family, as well as other factors such as a perceived lack of reciprocity from their employers. Interestingly, nearly 25% of doctors did not consider that they had a duty to work where doing so would pose risks to themselves or their families. (shrink)

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the (...) two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms. (shrink)

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can (...) survive the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink)

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to (...) charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril. (shrink)

This paper makes the two following claims: 1) The legal dimension of loyalty within organizations goes beyond duties. The governance design aimed at ensuring loyalty may strongly affect standards that characterize each layer of the organization. The interaction between standards of duty and the governance dimension of loyalty should, therefore, be more tailored to specific legal forms and their functional correlation with ownership and financing. 2) There is a greater divergence than has so far been acknowledged between the function (...) of loyalty in vertically integrated firms and in networks of small firms. This difference, created by the relationship between the duty and the governance dimensions, should have repercussions on the definitions of legal standards. In particular, it should reflect the different relationships between hierarchy, monitoring, and loyalty and the choice between prohibitory, authorization-based, and compensatory rules. The analysis concentrates on the key variables that may affect the choice between vertical and horizontal monitoring to ensure compliance with loyal behavior in two polar models: hierarchical firms and networks of small firms. It reveals the importance of considering the governance design when defining duties of loyalty and related standards to evaluate party-related transactions in both cases but, at the same time, the necessity of using different interpretive categories. (shrink)

According to the perspective developed in this article, widely shared, hegemonic cultural beliefs about gender and their impact in what the authors call “social relational” contexts are among the core components that maintain and change the gender system. When gender is salient in these ubiquitous contexts, cultural beliefs about gender function as part of the rules of the game, biasing the behaviors, performances, and evaluations of otherwise similar men and women in systematic ways that the authors specify. While the biasing (...) impact of gender beliefs may be small in any one instance, the consequences cumulate over individuals’ lives and result in substantially different outcomes for men and women. After describing this perspective, the authors show how it sheds newlight on some defining features of the gender system and illustrate its implications for research into specific questions about gender inequality. (shrink)

This research proposes and tests a new theoretical mechanism to account for a portion of the motherhood penalty in wages and related labor market outcomes. At least a portion of this penalty is attributable to discrimination based on the assumption that mothers are less competent and committed than other types of workers. But what happens when mothers definitively prove their competence and commitment? In this study, we examine whether mothers face discrimination in labor-market-type evaluations even when they provide indisputable evidence (...) that they are competent and committed to paid work. We test the hypothesis that evaluators discriminate against highly successful mothers by viewing them as less warm, less likable, and more interpersonally hostile than otherwise similar workers who are not mothers. The results support this “normative discrimination” hypothesis for female but not male evaluators. The findings have important implications for understanding the nature and persistence of discrimination toward mothers. (shrink)

The accumulation and advancement of gender scholarship over past decades has led us to the point where gender scholars today can leverage our deep understanding of the reproduction of gender inequality to develop and test models of change. In this lecture, I present one such model designed to reduce the negative effects of stereotypic biases on women’s workplace outcomes. After synthesizing the literature on stereotyping and bias and showing the limits of past change efforts, I develop a “small wins” model (...) of change. Key to this model is that researchers work with teams of managers to produce concrete, implementable actions that produce visible results. I argue that small wins motivate further action and are the building blocks to larger organizational transformation. Preliminary results from several case studies show that this approach can produce important changes in the short run, such as reducing gender biases in workplace evaluations, and that these small wins can inspire longer run change, such as increases in the rate of hiring women. (shrink)

Just what you need to get up and running with Sony's new flagship dSLRs The Sony a77, with its 24.3 megapixel sensor, full HD video capability, and translucent mirror system, is poised to be Sony's flagship dSLR camera. With many of the same features but at a lower price point, the a65 is the economy version. This guide will cover all the important steps for getting the most from either model. It shows how to set up the camera to get (...) great shots immediately, explains all the controls and shooting modes, shows how to review images and make basic edits, and offers valuable advice on taking super photos using manual settings. Sony's new a65 and a77 dSLRs feature a huge megapixel sensor, HD video, generous ISO range, and the translucent mirror system unique to Sony This easy-to-follow guide helps you make the most of your investment with complete coverage of all the basic and advanced settings and shooting modes Covers shooting in auto mode, shooting HD video, and taking manual control over exposure, focus, and lighting Explains how to play back images and perform basic edits as well as how to manipulate flash, focus, and color to create top-quality photos With Sony a65/a77 For Dummies, bestselling photography author Robert Correll gives new Sony dSLR users confidence and helps them get everything they paid for in these exciting new Sony camera models. (shrink)

The ideal reference to Canon's EOS 5D Mark III for professionals and serious hobbyists The Canon EOS 5D Mark III offers professional photographers and advanced amateurs a wide range of top-flight dSLR capabilities. Canon users love For Dummies guides, with more than 100,000 copies of previous Canon camera guides sold. Like its predecessors, this one is packed with colorful examples that illustrate camera features and inspire you to capture your own super images. It explains the camera controls and menus, shows (...) you how to take full advantage of all the features, discusses output options and image editing, and much more. Geared to the needs of professional dSLR photographers and serious hobbyists, this guide covers all the features of the Canon EOS 5D Mark III Explores the camera body, menu screen, auto settings, and image settings Shows how to use the video modes, priority settings, manual settings, and focus modes to capture the best images Provides suggestions and inspiration with more than 300 full-color photos Covers image editing and output options Features tips, techniques, and projects to help you get the most from your camera's capabilities Canon EOS 5D Mark III For Dummies is the perfect partner for your new dSLR. (shrink)

This book will become your best friend! If you've just bought a dSLR, you can learn the basics in the first few minibooks.

Do you want dynamic photos that bring a scene to life? With this book, your camera, and a little practice, you'll be able to create amazing HDR images.

This article argues that congregations should be seen as grassroots public moral agents, on the ground working to bring what they discern as God's preferred future into being. Deliberations among congregations of all social backgrounds are a way of doing ethics "polycentrically," without a dominant center. Because cultural and social boundaries are permeable and people in various social groups can imaginatively enter the worlds of people unlike themselves, they can engage those perspectives morally on an equal footing. The essay addresses (...) ethicists' participation in congregations' moral deliberation and action, and concludes with a plea for theological ethicists to consider congregations in their work. (shrink)