The paper aims to investigate the Kantian thought concerning the pre-juridical international relations. These relations are founded on the preliminary articles. In Towards Perpetual Peace, these articles constitute the morals minimal conditions through which individuals, States and people are protected against abuses from the state of nature. Kant’s thesis is that even in war, where there is not still a sphere public juridical, the moral elements must subsist. The preliminary articles are the first step towards the (...) establishment of the international law and of the cosmopolitan law. His moral elements constitute the fundamental principles through which the international relations have legitimacy to Kant. (shrink)

This article argues that military conditioning (MC) systematically violates the human dignity of soldiers. The argument relies on an absolute deontologist account of human dignity understood as a claim-right to live in self-respect, which is a right to decide on one’s own behalf about, and to be in control of, essential aspects of one’s own life. The article claims that MC violates soldiers’ dignity so understood because the largely automatic physical killing reflex that MC instills (...) aims to remove their freedom of choice to kill or not to kill, while the MC practices that rationalize the killing of opponents aim to subvert soldiers’ moral deliberation in relation to this behavior. MC thus aims to take away soldiers’ control over a very essential aspect of human life: the decision whether to take life in war. Thereby, MC systematically violates their human dignity. The article concludes with a proposal for an amendment to international law that would allow legal institutions to do more justice to soldiers’ dignity. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this (...) book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this (...) book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

In this important book Peter G. Brown seeks to chart a new future for the species that share the earth. He offers an innovative, yet historically grounded, argument for human rights to bodily integrity; to moral, religious, and political choice; and to subsistence that all persons owe each other irrespective of nationality. He also argues that we have direct moral obligations to non-humans - he calls this 'respect for the commonwealth of life'. Honouring these obligations requires a (...) thorough regrounding of human institutions. Through a series of careful arguments the reader is shown: *How we could reconceptualise economics from a growth orientation to an economics of stewardship as a moral end.*How governments could be thought of as trustees to protect human rights and commonwealth of life.*How civil society could be organised and property rights reconceptualised in service of these objectives.The book concludes with the argument that traditional prerogatives of nation states need to be transparent to enforceable international standards concerning human rights and the commonwealth of life, and offers a practical agenda for beginning this fundamental reorientation. (shrink)

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of the 20thcentury. (...) This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms. (shrink)

This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law. The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is (...) the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity found its way into international law. Article 1 of the Universal Declaration of Human Rights states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept. (shrink)

Hojjat Soofi successfully developed a novel dementia-specific model of human flourishing.1 Based on a modified version of Nussbaum’s account of dignity (ie, the theoretical framework of the capabilities approach), and integrated with Kitwood and Bredin’s empirically informed list of indicators of well-being for people with dementia (ie, the field of empirically informed ethics), this model provides guidance on how to actually care for people with dementia in real-life practices, according to the moral requirements of respect for (...) class='Hi'>dignity. More specifically, we deem the contributive value of the model to be threefold. (1) It is a successful specification and contextualisation of Nussbaum’s original list of capabilities in the context of dementia care. (2) The table clearly distinguishes between dementia-specific capabilities and their possibly dementia-related progressive deprivation (ie, the internal conditions), and the possible external setbacks or facilitators for human flourishing. (3) The model is proposed as being open to include new and additional insights from further empirical research on what forms of caregiving do (or do not) align with respect for the dignity of people with dementia. In our commentary, we want to focus on the source of dignity, that is, the locus and starting point of our moral requirements on which the author takes an explicit stance. First of all, by being founded on the list of dementia-specific capabilities, Soofi’s model places the source of our moral requirements of respect for the dignity of people with dementia within the persons themselves, ‘having some of the basis capabilities listed’ (p.6). This, in turn, brings classic discussions concerning a …. (shrink)

Despite criticism that dignity is a vague and slippery concept, a number of international guidelines on bioethics have cautioned against research that is contrary to human dignity, with reference specifically to genetic technology. What is the connection between genetic research and human dignity? In this article, I investigate the concept of human dignity in its various historical forms, and examine its status as a moral concept. Unlike Kant's ideal concept of (...) class='Hi'>human dignity, the empirical or relational concept takes human dignity as something that is affected by one's circumstances and what others do. I argue that the dignity objection to some forms of genetic research rests on a view of human nature that gives humans a special status in nature – one that is threatened by the potential of genetic research to reduce individuals to their genetic endowment. I distinguish two main philosophical accounts of human nature. One of these, the Aristotelian view, is compatible with the use of genetic technology to help humans realize their inherent potential to a fuller extent. (shrink)

Reinhold Niebuhr (1892-1971) may have been the most influential and insightful American thinker of the twentieth century. In dealing with the intricacies of human nature, society, politics, ethics, theology, racism and international relations, Niebuhr the teacher, preacher, philosopher, social critic and ethicist, was highly influential and difficult to ignore during the Second World War and Cold War eras because of his intellectual heft and the novel manner in which he addressed the economic, spiritual, social and political problems (...) of his time. This book distils Niebuhr's disparate and now difficult to access work into one volume, making it more easily accessible than ever before, at the same time bringing his work into the twenty first century. It argues that if he were alive today Niebuhr would be a champion of the U.N, a supporter of globalization, a fierce opponent of America's 2003 Iraq War (for all the reasons he opposed the Vietnam War), an advocate of the Responsibility to Protect, and a pragmatic hawk on China as it rises today. It also highlights his many contributions to international relations theory, from Realism to Liberalism to existentialism to the English School to constructivism. This is the first book that focuses exclusively on the international relations thought of Reinhold Niebuhr, one of Classical Realism's most important figures, one whom diplomat and Realist George Kennan called, "the father of us all.". (shrink)

This book analyses the problems of current just war theory, and offers a more stable justificatory framework for non-intervention in international relations. The primary purpose of just war theory is to provide a language and a framework by which decision makers and citizens can organize and articulate arguments about the justice of particular wars. Given that the majority of conflicts that threaten human security are now intra-state conflicts, just war theory is often called on to make judgments (...) about wars of intervention. This book aims to critically examine the tenets of just war theory in light of these changes, and formulate a new theory of intervention and just cause. For Michael Walzer, the leading scholar of just war theory, armed humanitarian intervention is permissible only in cases of genocide, ethnic cleansing, widespread massacres, or enslavement. This book shows why this threshold is too restrictive in light of the progressive shift away from interstate conflict as well as the emerging norms of 'sovereignty as responsibility' and the 'responsibility to protect'. _Justice, Intervention and Force in International Relations_ aims to establish a new, stable foundation for non-intervention and a revised threshold for 'just cause'. In addition, this book demonstrates that over-reliance on the just cause category distorts understanding, analysis, and public discussion of the justice or injustice of resorting to war. This new book will be of much interest to students of ethics, security studies, international relations and international law. Kimberley Hudson is Assistant Professor of Political Science at American International College, and has a Phd in International Relations from Brown University. (shrink)

This edited volume presents a post-humanist reflection on education, mapping the complex transdisciplinary pedagogy and theoretical research while also addressing questions related to marginalised voices, colonial discourses, and the relationship between theory and practice. Exhibiting a re-imagination of education through themed relationalities that can transverse education, this cutting-edge book highlights the importance of matter in educational environments, enriching pedagogies, teacher-student relationships and curricular innovation. Chapters present contributions that explore education through various international contexts and educational sectors, unravelling educational implications (...) with reference to the climate change crisis, migrant children in education, post-pandemic education, feminist activisism and other emergent issues. The book examines the ongoing iterations of the entanglement of colonization, modernity, and humanity with education to propose a possibility of education capable of upholding heterogeneous worlds. Curated with a global perspective on transversal relationalities and offering a unique outlook on posthuman thoughts and actions related to education, this book will be an important reading for students, researchers and academics in the fields of philosophy of education, sociology of education, post humanism and new materialism, curriculum studies, and educational research. (shrink)

In this article, the authors review some contemporary cases where biotechnologies have been employed, where they have had global implications, and where there has been considerable debate. The authors argue that the concept of dignity, which lies at the center of such documents as the 2005 Universal Declaration on Bioethics and Human Rights, the International Declaration on Human Genetic Data (2003) and the Universal Declaration on the Human Genome and Human Rights (1997) is useful, (...) if not necessary, in engaging in decision making in relation to the moral evaluation of biotechnologies on a global scale. (shrink)

How do we frame decisions to use-or not use-military force? Who should do the killing? Do we need new paradigms to guide the use of force? And what does "victory" mean in contemporary conflict? In many ways, these are timeless questions. But they should be asked again in light of changing circumstances in the twenty-first century. The post-Cold War, post-9/11 world is one of contested and fragmented sovereignty. Contested because the norm of territorial integrity has shed some of its (...) absolute nature. Fragmented because some states do not control all of their territory and cannot defeat violent groups operating within their borders. Humanitarian intervention, preventive war, and just war are all framing mechanisms aimed at convincing domestic and international audiences to go to war (or not), as well as to decide who is justified in legally and ethically killing. The international group of scholars assembled for this book critically examine these frameworks to ask if they are flawed, and if so, how they can be improved. Finally, the volume contemplates what all the killing and dying is for if victory may prove, ultimately, to be elusive. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, (...) and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

This paper defends human dignity in two ways. First, by confronting the criticism that human dignity does not serve an important function in contemporary moral discourse and that its function can be sufficiently performed by other moral terms. It is argued that this criticism invites a danger of moral reductionism, which impoverishes moral discourse. The authority of moral philosophy to correct widely shared moral intuitions, rooted in experiences of grave injustices (...) and wrongs, is questioned. Secondly, dignity is defended by showing what is needed to uphold it, both in theory and practice. It is argued, and demonstrated through examples, that human dignity as a universal value ascribed to human beings and the virtue of dignified action are intimately related. This is fleshed out in terms of Kant’s analysis of respect in the practical sense and of virtue as a commitment to the value of dignity as a constitutive end of our moral order. It is furthermore argued that theoretical attempts to ground respect for dignity in human capacities lead to a moral impasse. It is necessary to act as if every human being is worthy of respect. This practical approach requires institutions and specified moral obligations that are integral to the democratic ethos and the rule of law, which guarantees the equal status of human beings. This practical task requires that we consistently tease out and act on the implications of these principles rather than seek deeper justification for the equal worth of humans, articulated in the term human dignity. (shrink)

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks (...) to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions. (shrink)

Modern coverage of world events suggest that war and violence are key to contemporary society. History can convince us that it has ever been so, and many theorist of international relations argue that nothing is likely to change. Roy Weatherford argues that a profound change in social relations is imminent as national sovereignty yields to a democratic world culture, speaking a world language and living as a world wide family - the human family. For too (...) long world peace has seemed a noble but unattainable ideal. Weatherford shows that it is now both economically and politically possible and is therefore our moral duty. (shrink)

This article uses Rousseau’s little-known responses to the Abbé de Saint-Pierre’s Project for Perpetual Peace and his fragments on ‘The State of War’ as a foil for Rawls’s claim that the international society he envisions in The Law of Peoples constitutes a ‘realistic utopia’. The main conclusion is that in a post-9/11 world Rousseau may have more to teach us about the possibilities for international security than Rawls does, since Rousseau’s theory accounts for the moral corruptibility of (...) both individuals and groups. Most of the article focuses on comparing Rousseau’s and Rawls’s assumptions about human nature, but the final section also includes a brief discussion of their contrasting views of reason and the common good. The two philosophers agree, however, that the possibilities for international justice can only evolve out of the careful practice of local justice. (shrink)

Current developments in biomedicine are presenting us with difficult ethical decisions and raising complex policy questions about how to regulate these new developments. Particularly vexing for governments have been issues related to human embryo experimentation. Because some of the most promising biomedical developments, such as stem cell research and nuclear somatic transfer, involve such experimentation, several international bodies have drafted documents aimed to provide guidance to governments when developing biomedical science policy. Here I focus on two such documents: (...) the Council of Europe's Convention for the Protection of Human Rights and Dignity of the Human Being and the Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being.I argue that by using human dignity as a criterion to determine the permissibility of particular human embryo research practices, these documents cannot aid in identifying research that would be contrary to human dignity. Thus, they fail to guide public policy on embryo experimentation. Their use of human dignity as a criterion makes their task of offering guidance unfeasible because the concept as used in these documents is too vague and is applied in contradictory ways. I discuss the main goals of these documents and their claims in relation to human embryo research. I then discuss how they have influenced public policy in several countries. Finally, I show that although these Council of Europe treaties attempt to serve as public policy guides in the area of embryo research, they fail to do so. (shrink)

In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account (...) of dignity as high rank provides an illuminating perspective on the role it plays in the egalitarian discourse of human rights. In order to preserve that relational sense regarding human dignity, we can use the notion of moral status, towhich somemoral philosophers have paid attention in recent years.I explore the possibilities of the idea of moral status to better understand the idea of human dignity and its close relationship with human rights. (shrink)

Modern coverage of world events suggest that war and violence are key to contemporary society. History can convince us that it has ever been so, and many theorist of international relations argue that nothing is likely to change. Roy Weatherford argues that a profound change in social relations is imminent as national sovereignty yields to a democratic world culture, speaking a world language and living as a world wide family - the human family. For too (...) long world peace has seemed a noble but unattainable ideal. Weatherford shows that it is now both economically and politically possible and is therefore our moral duty. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false (...) and where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

The entwined history of humans and elephants is fascinating but often sad. People have used elephants as beasts of burden and war machines, slaughtered them for their ivory, exterminated them as threats to people and ecosystems, turned them into objects of entertainment at circuses, employed them as both curiosities and conservation ambassadors in zoos, and deified and honored them in religious rites. How have such actions affected these pachyderms? What ethical and moral imperatives should humans follow to ensure that (...) elephants are treated with dignity and saved from extinction? In Elephants and Ethics, Christen Wemmer and Catherine A. Christen assemble an international cohort of experts to review the history of human-elephant relations, discuss current issues of vital concern to elephant welfare, and assess the prospects for the ethical coexistence of both species. Part I provides an overview of the vexatious human-elephant relationship, from the history of our interactions to understanding elephant intelligence and sense of self. It concludes with a discussion of the issues of stress, pain, and suffering as experienced by elephants in human care and the problems inherent in assessing these subjectively. The second part explores how humans use elephants as tools and entertainment. It reviews domestic uses in Asia, examines the history and roles of elephants in zoos and circuses, and discusses the methods and ethics of training and caring for captive elephants. In Part III the contributors examine the fragile and conflict-filled world of human-elephant interactions in the wild. Each chapter delves into a different angle of the "elephant problem" -- the all-too-human problem of our growing populations taking over space that was historically the domain of these pachyderms. The chapters explore attempts to tame and "train" elephants in populous areas, the struggle over balancing species preservation while maintaining biodiversity in protected areas, and the conundrums posed by hunting, tourism, and human-elephant competition on rural land. That the future health and survival of elephants is dependent on human actions is irrefutable. In addressing these issues from multiple perspectives, Elephants and Ethics promotes mutual understanding of the cultural, conservation, and economic difficulties at the root of the many troublesome human-elephant interactions and poses new questions about our responsibility toward these largest of land mammals. (shrink)

In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity (...) will be discussed. The first absolute/necessary and formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international (...) human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

In this paper, I focus on the concept of human dignity and critically assess whether such a concept, as used in the Universal Declaration on Bioethics and Human Rights, is indeed a useful tool for bioethical debates. However, I consider this concept within the context of the development of emerging technologies, that is, with a particular focus on transhumanism. The question I address is not whether attaching artificial limbs or enhancing particular traits or capacities would dehumanize or (...) undignify persons but whether nonbiological entities introduced into or attached to the human body contribute to the “augmentation” of human dignity. First, I outline briefly how the Universal Declaration on Bioethics and Human Rights uses the concept of dignity. Second, I look at the possibility of a universal bioethics in relation to the concept of human dignity. Third, I examine the concept of posthuman dignity and whether the concept of human dignity as construed in the declaration has any relevance to posthuman dignity. (shrink)

This paper explores Mencius' political theory of international relations and the morality of war from the perspective of Confucian moralpolitik. It argues that while acknowledging the possibility of international justice among the feudal, yet de facto, independent states during the Warring States period, Mencius subscribed to the idea that international morality (and justice) can be best maintained under what I call 'Confucian international moral hierarchy' among the states. By upholding international moral hierarchy, (...) Mencius attempted to achieve an international community in which big/strong and small/weak states are mutually connected to each other for the common welfare of the people. The paper then turns to Mencius' ideas on just war and investigates how Mencius rationalized the punitive expedition in the virtual absence of a symbolic institutional authority representing the Mandate of Heaven, the metaphysical ground for the morality of war, by presenting its visible alternatives. It closes by critically revisiting Daniel Bell's interpretation of Mencius's ideas of a just war. (shrink)

The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.

Because the goal of reducing violence is nearly universally accepted, the uniquely prescriptive character of peace and conflict studies is rarely scrutinized. However, prescriptive pacifism in social psychological peace research (SPPR) masks a diversity of opinion on whether nonintervention is more effective in promoting peace than intervention to punish aggression, restore stability, and/or prevent atrocity. SPPR’s skepticism is sharper in the post–9/11 era when states use public fear of terrorist threat to promote sometimes-unrelated domestic and geostrategic interests. The most frequently (...) proposed remedy for this kind of abuse is some form of international legal positivism that permits the use of force only in self-defense, per strict interpretation of the United Nations Charter, or not at all—a position the author calls ‘prescriptive pacifism." This project critically examines the metaethical premises of prescriptive pacifism, positivism, and realism, how these animate the moral and political skepticism of peace studies, psychology, and international relations, respectively, and meet in SPPR. After comparing the intellectual development of these fields and just war theory, I present influential psychologist Albert Bandura’s social cognitive theory (SCT) of moral judgment and aggression as a case study. I present evidence of the problematic nature of Bandura and others’ formulation of moral engagement and disengagement, tracing their contradictions to the named premises. In brief, I argue that SCT’s underlying skepticism of individual moral judgment implies elite or consensus-driven models of social and political change whose institutional gradualism contradicts these authors’ and SPPR’s stated progressive aims, and whose utilitarian ethos undermines the egalitarian individualism that underpins both the liberal conception of the rule of law and the international human rights regime. Finally, I present an alternative model of moral reasoning and engagement based on a Kantian constructivist understanding of international ethics, and the theory of the just war. I outline two instruments inspired by these related normative frameworks that in addition to being more internally coherent, operationalize moral engagement and disengagement in a manner more consonant with political liberalism, existing international humanitarian law, and the emergent norm known as Responsibility to Protect. Intended for use in the collection and coding of qualitative responses to survey research of public opinion on morally ambiguous issues in international politics such as intervention and territorial integrity, these instruments avoid the tendency of existing SPPR frameworks toward false positives of militarism and pacifism. Their presentation also makes mutually comprehensible the often-confusing professional idioms of international relations, political theory, moral philosophy, and social psychology, standing to make a contribution to each. (shrink)

What role does ethics play in modern-day warfare? Is it possible for ethics and militarism to exist hand-in-hand? James Eastwood examines the Israeli military and its claim to be "the most moral army in the world." This claim has been strongly contested by human rights bodies and international institutions in their analysis of recent military engagements in the West Bank, Gaza, and Lebanon. Yet at the same time, many in Israel believe this claim: including the general public, (...) military personnel, and politicians. Compiled from extensive research including interviews with soldiers, Eastwood unpacks the ethical pedagogy of the Israeli military, as well as soldier-led activism which voices a moral critique, and argues that the belief in moral warfare does not exist separately from the growing violence of Israel's occupation. This book is ideal for those interested in military ethics and Israeli politics, and provides crucial in-depth analysis for students and researchers alike. It examines theories of morality and ethics in war through a comprehensive study of the Israel Defence Forces. It will appeal to researchers and students exploring military ethics and Israeli politics, international relations, as well as those studying war and politics in the wider Middle East. It also examines theories of morality and ethics in war through a comprehensive study of the Israel Defence Forces. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. (...) Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for (...) interpreting popular mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for (...) interpreting popular mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral (...) significance. A relational account promises to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

How do people maintain their humanity during wars? Despite its importance, this question receives scant scholarly attention, perhaps because of the overwhelming aspect of war. The generally accepted wisdom is that wars bring out the worst in us, pitting us against one another. "War is hell," William Tecumseh Sherman famously noted, and even wars clearly designated "just" nonetheless inflict massive destruction and cruelty. Since ethics is concerned with discovering what takes us to a morally superior place, one conducive to (...) class='Hi'>human flourishing and happiness, studying what helps people survive wartime trauma becomes an extremely valuable enterprise. A Darkling Plain thus fills an important scholarly void, analyzing wartime stories that reveal much about our capacity to process trauma, heal wounds, reclaim lost spirits, and derive meaning and purpose from the most horrific of personal events. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is it, why is it important, and what is its relationship to human rights and social justice? Pablo Gilabert offers a systematic defence of the view that human dignity is the moral heart of justice. In Human Dignity and Human Rights (OUP 2019), he advanced an account of (...) human dignity for the context of human rights discourse, which covers the most urgent, basic claims of dignity. This book extends the dignitarian approach to more ambitious claims of maximal dignity of the kind encoded in democratic socialist conceptions of social justice. In particular, this book focuses on the just organization of working practices. It recasts in a dignitarian format the critique of capitalist society as involving exploitation, alienation, and domination of workers, and revamps a neglected but inspiring socialist principle. In its dignitarian interpretation, the Abilities/Needs Principle (‘From each according to their ability, to each according to their needs!’) yields reasonable and feasible requirements on social cooperation geared to empowering each human being to lead a flourishing life. While Human Dignity and Human Rights offered the first systematic philosophical account of human dignity in human rights discourse, Human Dignity and Social Justice presents the first systematic application of the dignitarian framework to the core ideals of democratic socialism. (shrink)

Recent advances in the technology of creating chimeras have evoked controversy in policy debates. At centre of controversy is the fear that a substantial contribution of human cells or genes in crucial areas of the animal’s body may at some point render the animal more humanlike than any other animals we know today. Authors who have commented on or contributed to policy debates specify that chimeras which would be too humanlike would have an altered moral status and threaten (...) our notion of ‘human dignity’. This setting offers a productive opportunity to test the notion of human dignity and to emphasize some of its weaknesses as an ethical tool. Limiting chimerism experiments on the basis of whether or not it undermines or challenges human dignity implies a clear demarcation of those characteristics which are typically, and importantly, human. Evidence of our evolutionary ties and behavioral similarities with other animals seem to annul all attempts to define the uniquely human properties to which human dignity may be attributed. Hence, it has been suggested that the particular moral status associated with humans cannot be explained for beyond an intuitive basis. In what follows, we will argue that the difficulties inherent in the notion of human dignity lie not in the impossibility to acquire a list of properties which are unique to humans, but rather in the difficulty to demonstrate the moral relevance of these properties, and particularly the relevance of their being human. We offer an alternative interpretation of the concept of dignity which is not necessarily related to being human. (shrink)

Abstract The early Ru or ?Confucian? figure Xunzi (?Master Xun,? c. 310?c. 220 BCE) gives a sophisticated analysis of war, which he develops on the basis of a larger social and political vision that he works out in considerable detail. This larger vision of human society is thoroughly normative in the sense that Xunzi both argues for the value of his ideal conception of society, and relates these moral arguments for the Confucian Dao or Way to what I (...) take to be fairly hardheaded assessments of the dynamics of international relations in his late Warring States historical context. This combination of moral vision and political realism, combined with his advocacy of strong political authorities that nevertheless rule justly in service to the common good, makes his thought arguably more relevant to the contemporary world of contending nation-states, and a rising, undemocratic China, than any other pre-modern Confucian. Xunzi's own context, both intellectual and political/military, led him to argue about war in ways that look distinctive to contemporary Western ethicists ? and yet his preferred issues are revealing in themselves and are suggestive in relation to current debates in military ethics. In the first part of this paper I analyze Xunzi's argumentative strategy in debate about war, where he chooses to attack his adversaries on the question of how to cultivate true loyalty and obedience in subordinates. The second part briefly explores Xunzi's vision of the good society and how it fits into a multi-state world, which undergirds his critique of alternate discourses about war and government. The third examines the Xunzian vision of politics and war as a source for a contemporary Confucian theory of civilian-military relations. The fourth section explores some implications of a Xunzian account for international relations, through a brief comparison with the Kantian notion of ?perpetual peace? among liberal states, and whether such ?zones of peace? might be conceivable on Confucian grounds. The conclusion reflects on the ambiguous legacy of Xunzi's moralism in his analysis of war and statecraft, and the possible light this shines on contemporary Chinese political culture. (shrink)

This article recounts how Neo-Scholastic international lawyers navigated the complex political landscape of the 1920s and 30s, combining universalism, nationalism and religious belief. Participating in the contemporary re-engagement of Catholics with modern politics, they re-imagined the international legal order in Catholic terms. They argued that a universal morality, overruling the extremes of state sovereignty, was the only solid basis for just and stable global legal relations. While the contribution of Catholics to the establishment of the post-war (...) world order and the rise of human rights is widely acknowledged, the interwar genealogy of these developments is not. Reading these thinkers’ universalist legal tenets in conjunction with their political trajectories provides a relevant frame to understand the moral charge characterizing international law in the early years of the Cold War. (shrink)

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see (...) the emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

Although the use of military force for humanitarian ends seems utterly divorced from the use of such force to combat terrorism, both uses answer to similar descriptions. Both appear to encourage nations that are not necessarily themselves under attack to set aside the reigning conventions of national sovereignty and territorial integrity for the overriding purposes of international law enforcement and protection of vulnerable noncombatants. Both involve offensive rather than purely defensive uses of military force. Both answer to criteria (...) of justification that can be derived more readily from the normative moral principles of the classical just war tradition than from purely descriptive revisions of the 'legalist paradigm' in international relations, because the latter is deeply wedded by precedent to notions of sovereignty, territorial integrity, and a purely defensive use of military force. Most significantly, the justification for both kinds of military action depends essentially upon a notion of 'the international community' that is inchoate and urgently in need of rigorous reformulation. In this paper, I attempt to formulate criteria for the justifiable use of military force for these non-defensive purposes, with attention to the nuances of internationalism that several of the resulting criteria entail. Challenges to the de facto role of the United Nations as the sole authoritative representative of this community, and alternatives to its authority in legitimating the use of military force for purposes of international law enforcement, are considered. (shrink)

The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the “theory of attribution-dignity”, the “theory of autonomy-dignity” or the “theory of moral completeness/achievement-dignity”, and the “theory of end-in-itself-dignity”); it then exposes the obvious defects of these modes of (...) understanding; finally, it tries to define dignity as a moral right to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society. (shrink)