There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects (...) the distinction between the deontological status of rights claims and a teleological approach presupposed in the language of beneficial design. However, the value of the separateness of persons contained in the discourse of rights can impose constraints on the adoption of a simple maximizing principle when thinking about the allocation of healthcare resources within a social contract for health. Throughout these issues are discussed by reference to the work of Peter Jones. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

This paper starts from the assumption that linguistic diversity, and more generally, cultural diversity, are intrinsically good. I will look at their opposites, linguistic and cultural poverty, and the current tendencies towards the latter within the globalization process. I will also briefly explore the relationship between human rights and cultural diversity, which may be viewed as somewhat problematic, but the emphasis will be on what I consider the essential aspect of that relationship, namely, the mutually reinforcing relationship be-tween rights (...) and diversity, and between their opposites, human rights violations and cultural uniformity . In this context, the issue of legislative protection and promotion of cultural diversity will be investigated from a global perspective. Finally, I wish to assess the roles of Africa and of Africanicity with regard to these issues. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

SummaryFaraday's concept of force is described by six assumptions. These specify a concept that is quite distinct from ‘mechanical’ conceptions of his contemporaries and interpreters. Analysis of the role of these assumptions clarifies Faraday's weighting of experimental evidence and shows how closely-linked Faraday's chemistry and physics were to his theology. It is argued that Faraday was unable to secularize his concept of force by breaking the ties between his physics and his theology of nature. Examination of his basic assumptions also (...) explains Faraday's failure to quantify his principle of conservation of force, his rejection of mechanical concepts of force and energy, and his early attempt to develop a wave-model for the conversion and transmission of electricity, magnetism, light and heat. (shrink)

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are (...) potentially conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I demonstrate that (...) justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

The usual problems of measurement and its meaning are complicated and magnified when the object of study is in principle and in fact inaccessible. When a phenomenon occurs in a place where our instruments cannot reach, what can the relation between the instrument, its reading, and the phenomenon be? This essay asks how researchers have addressed questions about inaccessible processes of Earth's magnetic field on the surface, at the edge of space and under its surface. This case takes us beyond (...) simple contrasts of inductive and deductive methods, or field sciences versus basic sciences, to a messier, more nuanced view of inherently complex sciences. The article focuses on investigations of Earth's magnetism and electricity, but its perspectives are applicable to many areas of recent science. (shrink)

Scholars in philosophy, political science, and the policy community have recently advocated for a ‘sticks and carrots’, or conditional-coercion, approach to human rights violations. On this model, rights violators are conceived of as rational agents who should be rewarded for good behavior and punished for bad behavior by other states seeking to improve human rights abroad. External states concerned about human rights abroad should impose punishments against foreign rights violators, and these punitive measures should not be lifted until rights (...) violations in target countries cease. Against these scholars, I argue that the conditional-coercion model is mistaken. In this article, I explicate the ‘sticks and carrots’ approach to human rights, criticize it on both theoretical and empirical grounds, and suggest an alternative approach that I term rights diagnostics. The model I propose is sensitive to the internal political struggles in rights violating states and the incentive structures faced by rights violators. This model takes account of relevant empirical evidence on the role of external coercion and inducements in producing institutional change. I conclude by sketching an institutional design that would potentially implement ‘rights diagnostics’ policy.1. (shrink)

Chronic stroke survivors with severe contralesional arm paresis face numerous challenges to performing activities of daily living, which largely rely on the use of the less-affected ipsilesional arm. While use of the ipsilesional arm is often encouraged as a compensatory strategy in rehabilitation, substantial evidence indicates that motor control deficits in this arm can be functionally limiting, suggesting a role for remediation of this arm. Previous research has indicated that the nature of ipsilesional motor control deficits vary with hemisphere of (...) damage and with the severity of contralesional paresis. Thus, in order to design rehabilitation that accounts for these deficits in promoting function, it is critical to understand the relative contributions of both ipsilesional and contralesional arm motor deficits to functional independence in stroke survivors with severe contralesional paresis. We now examine motor deficits in each arm of severely paretic chronic stroke survivors with unilateral damage to determine whether hemisphere-dependent deficits are correlated with functional independence. Clinical evaluation of contralesional, paretic arm impairment was conducted with the upper extremity portion of the Fugl-Meyer assessment. Ipsilesional arm motor performance was evaluated using the Jebsen-Taylor Hand Function Test, grip strength, and ipsilesional high-resolution kinematic analysis during a visually targeted reaching task. Functional independence was measured with the Barthel Index. Functional independence was better correlated with ipsilesional than contralesional arm motor performance in the left hemisphere damage group [JTHFT: [r = −0.73, p = 0.017]; grip strength: [r = 0.64, p = 0.047]], and by contralesional arm impairment in the right hemisphere damage group [UEFM: [r = 0.66, p = 0.040]]. Ipsilesional arm kinematics were correlated with functional independence in the left hemisphere damage group only. Examination of hemisphere-dependent motor correlates of functional independence showed that ipsilesional arm deficits were important in determining functional outcomes in individuals with left hemisphere damage only, suggesting that functional independence in right hemisphere damaged participants was affected by other factors. (shrink)

Biometrics is the science of establishing the identity of an individual based on their physical attributes. Ethical concerns surrounding the appropriate use of biometrics have been raised, especial...

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a (...) democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

David Gauthier stages a competition between two arguments, each of which purports to decide once for all transparent agents which is best, being a straight or being a constrained maximizer. The first argument, which he criticizes and rejects, is for the greater utility, on a certain weak assumption, of straight maximization for all transparent agents. The second, which he endorses, is for the greater utility on the same weak assumption of constrained maximization for all transparent agents.In Section I, Gauthier’s account (...) of constrained maximization is presented, and his use in the two arguments of the idea of choosing a disposition to choose actions is noted. Section II is about the unfortunate argument that Gauthier criticizes. This argument is flawed in ways additional to those he notices, but a less ambitious form of reasoning can, for individuals whose probabilities and values are right, be good for the greater expected utility of straight maximization. Section III takes up the argument that Gauthier endorses and maintains that it is wrong in a way specific to it as well as in ways closely related to all of the first argument’s noted flaws. An Appendix features a three-person prisoners’ dilemma and includes demonstrations of principal conclusions reached in the body of this paper. (shrink)

We often claim to know about what is good or bad, right or wrong. But how do we know such things? Both historically and today, answers to this question have most commonly been rationalist or sentimentalist in nature. Rationalists and sentimentalists clash over whether intellect or affect is the foundation of our evaluative knowledge. This paper is about the form that this dispute takes among those who agree that evaluative knowledge depends on perceptual-like evaluative experiences. Rationalist proponents of (...) perceptualism invoke intellectual experiences, while sentimentalist proponents invoke affective experiences. The goal of this paper is to offer a fresh strategy for adjudicating between intellectual and sentimental perceptualism. I argue that the perceptualist’s hand will be forced either in the direction of intellectual or sentimental perceptualism once she decides between two views about the modal status of our basic evaluative knowledge. I close with an argument that the more plausible of the two options is the one which fits best with sentimental perceptualism. The argument, then, is that perceptualists ought to be sentimentalists. (shrink)

THEOLOGICAL REFLECTIONS ON IMMIGRATION HAVE LARGELY FOCUSED ON mandates to love the stranger and protect human rights. The U.S. and Mexican bishops' pastoral letter "Strangers No Longer" is no different. However, this ethical focus leaves Christians without sufficient theological guidance when seeking to balance concern for immigrants and U.S. citizens alike. This essay examines undocumented immigration to the United States through the lens of the common good, using a contemporary Catholic feminist understanding of the common good. It examines (...) the impact of immigration on this country and makes policy recommendations that are consistent with the common good. Many of the recommendations are consonant with the bishops' recommendations, but one important recommendation missed by the bishops is that efforts to promote a liberal immigration policy must be accompanied by efforts to promote just wages and working conditions for all low-wage U.S. workers. (shrink)

Apparent clashes of interest between ‘deep ecologists’ and ‘animal liberationists’ can be understood as differences in emphasis rather than conflicts of principle, although it is only too easy for campaigners to regard as rivals good causes other than their own. Moral principles are part of a larger whole, within which they can be related, rather than absolute all-purpose rules of right conduct. This is illustrated using the practical dilemma which often occurs in conservation management, of whether or not (...) to cull animals that are damaging their habitat by overgrazing. Here, and in general, when we are faced with a choice between two evils, the need for scrupulous discrimination and honesty cannot be overstated; but it is not a worthy option to retreat behind moral principles of limited application. (shrink)

The ipsilesional arm of stroke patients often has functionally limiting deficits in motor control and dexterity that depend on the side of the brain that is lesioned and that increase with the severity of paretic arm impairment. However, remediation of the ipsilesional arm has yet to be integrated into the usual standard of care for upper limb rehabilitation in stroke, largely due to a lack of translational research examining the effects of ipsilesional-arm intervention. We now ask whether ipsilesional-arm training, tailored (...) to the hemisphere-specific nature of ipsilesional-arm motor deficits in participants with moderate to severe contralesional paresis, improves ipsilesional arm performance and generalizes to improve functional independence. We assessed the effects of this intervention on ipsilesional arm unilateral performance [Jebsen–Taylor Hand Function Test ], ipsilesional grip strength, contralesional arm impairment level [Fugl–Meyer Assessment ], and functional independence [Functional independence measure ]. Intervention occurred over a 3 week period for 1.5 h/session, three times each week. All sessions included virtual reality tasks that targeted the specific motor control deficits associated with either left or right hemisphere damage, followed by graded dexterity training in real-world tasks. We also exposed participants to 3 weeks of sham training to control for the non-specific effects of therapy visits and interactions. We conducted five test-sessions: two pre-tests and three post-tests. Our results indicate substantial improvements in the less-impaired arm performance, without detriment to the paretic arm that transferred to improved functional independence in all three posttests, indicating durability of training effects for at least 3 weeks. We provide evidence for establishing the basis of a rehabilitation approach that includes evaluation and remediation of the ipsilesional arm in moderately to severely impaired stroke survivors. This study was originally a crossover design; however, we were unable to complete the second arm of the study due to the COVID-19 pandemic. We report the results from the first arm of the planned design as a longitudinal study. (shrink)

Apparent clashes of interest between 'deep ecologists' and 'animal liberationists' can be understood as differences in emphasis rather than conflicts of principle, although it is only too easy for campaigners to regard as rivals good causes other than their own. Moral principles are part of a larger whole, within which they can be related, rather than absolute all-purpose rules of right conduct. This is illustrated using the practical dilemma which often occurs in conservation management, of whether or not (...) to cull animals that are damaging their habitat by overgrazing. Here, and in general, when we are faced with a choice between two evils, the need for scrupulous discrimination and honesty cannot be overstated; but it is not a worthy option to retreat behind moral principles of limited application. (shrink)

In order to answer the question raised in the title of my paper, I first put forward a general ethical theory, which is based on the traditional maxim neminem laedere. Second, I show how this principle in conjunction with certain assumptions concerning the value of life entails certain fundamental bioethical principles. Thus killing a living being Y is morally wrong whenever the intrinsic value of the life that Y would otherwise live is positive. But procreating a living being Y is (...) prima facie morally neutral, i.e. neither bad nor good. Third I will argue that the question of moral rights should always be reduced to the question of the morality of certain corresponding actions. In particular, granting Y a right to life should be taken to mean that it would be morally wrong if someone else were to set an end to Y’s life. In a similar vein, I suggest answers to some other questions of the reproductive rights issue. Fourth, with respect to the controversial issue of therapeutic and genuine cloning, I do not see any compelling moral reasons against this utopian way of procreating full-grown individuals.Nevertheless, I think there are a lot of other good reasons not to try to produce a human Dolly. Finally, as regards the use or abuse of human embryos as potential suppliers of stem-cells for the cure of other people’s diseases, it seems morally safe to perform experiments at least with those embryos which, like spare embryos that remained from measures of in vitro fertilization, would not have a life anyway. It’s more difficult to decide, however, whether it would be morally safe to produce embryos only for the sake of using them in the aforementioned way. (shrink)

The issue of large-scale, population based DNA collections has become a world-wide discussion, which is hoped to bring substantial improvements in medicine. Continuous access to clinical data linked to the genetic samples is very important for some research that aims to find significant association between genes and diseases. This raises ethical issues related to privacy and confidentiality of medical records and the genetic information of the individuals who may be involved in the research. Genetic databases can also raise challenges for (...) the protection of the rights of the social groups, in avoiding potential stigmatization or discrimination. Informed consent of voluntary participants is another important issue in genetic research.We consider whether a person has ethical duties to donate a sample to a database if it will be used for the improvement of the health services to which they have benefited from. The balance between individual's privacy and public health is needed in genetic research. A good database will contribute to the good of both donors and society. (shrink)

In Child versus Childmaker Melinda Roberts provides an enlightening analysis and a cogent defense of a version of the person-affecting restriction in ethics. The rough idea of this restriction is that an action, state of affairs, or world, cannot be wrong, or bad, unless it would wrong, or be bad for, someone. I shall focus solely on Roberts’s core principles, and thus shall not address her interesting chapter-length discussions of wrongful life cases and of human cloning cases. The person-affecting (...) intuition can be spelled out in a deontic and in an axiological form: -/- Deontic Person-Affecting Restriction: An action, state of affairs, or world is wrong only if it would wrong someone. Axiological Person-Affecting Restriction: An action, state of affairs, or world is worse than another only if it is worse for someone. -/- Roberts develops and defends the deontic version of the person-affecting restriction. Indeed, as her discussion (and those of others) makes clear, it is quite unlikely that there is a coherent version of the axiological form of the intuition (e.g., because of problems of transitivity). Roberts rightly rejects any appeal to impersonal ranking of worlds, and appeals only to the (many) personal rankings of worlds of the individuals involved. Roberts defends the view that worlds in which a person does not exist can be ranked in terms of that person’s well-being (how good that world would be for him/her) along with the worlds in which he/she does exist. Worlds in which the person has a life worth living are ranked more highly for that person than worlds in which he/she doesn’t exist (along with some worlds with indifferent existence), and the latter worlds are ranked more highly than worlds in which the person exists but doesn’t have a life worth living. Although this is somewhat controversial (some would deny that we can assess how good a world is for a person who doesn’t exist in it), it seems exactly right to me. Throughout I shall assume, as does Roberts, that non-existence has a value of zero (and thus that lives worth living have positive values, and that lives not worth living have negative values). In what follows I shall formulate Roberts’s theory as a theory of the permissibility of actions. In most of the book, Roberts formulates her theory as one of the permissibility of worlds, but, as I shall argue below, such assessments have little normative relevance, since they ignore the probabilities of realization (which depend on what actions are performed). The core of Roberts’s theory is just as plausible, and in some ways more powerful, when (as is sometimes the case in the book) it takes actions to be the objects of assessment. To start with, however, I shall make a highly restrictive assumption (not made by Roberts) that will effectively eliminate the difference between assessing actions and assessing worlds within the sort of welfaristic consequentialist framework that Roberts presupposes. I shall assume that if a given action were performed, then a specific world would be realized. We shall assume, that is, that there are no uncertainties involved. Everything is completely determined by which of the feasible actions is performed. Later in this paper, I will address the problems that arise once this simplifying assumption is dropped. (shrink)

Libertarians favor a free market for intrinsic reasons: it embodies liberty, accountability, consent, cooperation, and other virtues. Additionally, if property rights against trespasses such as pollution are enforced and if public lands are transferred as private property to environmental groups, a free market may also protect the environment. In contrast, Terry Anderson and Donald Leal's Free Market Environmentalism favors a free market solely on instrumental grounds: markets allocate resources efficiently. The authors apparently follow cost‐benefit planners in endorsing a specious tautology (...) that “defends” allocative efficiency by defining “social welfare” in terms of it. They make no attempt to show that allocative efficiency is a good thing or that it is consistent with environmental protection. By regarding pollution as a compensable external cost rather than as an enjoinable nuisance and by arguing that the government should auction rather than give public lands to environmental groups, moreover, Anderson and Leal offer far less protection of the environment than libertarians do. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other (...) things, affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

According to the ‘fact-plus-value’ model of pathology propounded by K. W. M. Fulford, ‘disease’ is a value term that ought to reflect a ‘balance of values’ stemming from patients and doctors and other ‘stakeholders’ in medical nosology. In the present article I take issue with his linguistic-analytical arguments for why pathological status must be relative to such a kind of medico-ethical normativity. Fulford is right to point out that Boorse and other naturalists are compelled to utilize evaluative terminology when (...) they characterize the nature of diseases and biological dysfunctions. But the relevant ‘biofunctional judgements’ are no less factual and empirical for that. While it is indeed evaluative to say that biological dysfunctions involve failures to execute naturally selected functions, such judgments are not bound to entail anything about what is good or bad for us, and what should be treated or not. In the last part of the paper I ruminate briefly on the relationship between ‘biological evaluationism’, on my construal, and descriptions of ‘causal biology’. As I note in my conclusion, a strict bioevaluative concept of disease can be valid for every species on earth, and thus be of particular usefulness in general biological contexts. (shrink)

Future historians of moral and political philosophy may well label our period the Age of Rights. In moral philosophy it is now widely assumed that the two most plausible types of normative theories are Utilitarianism and Kantian theories and that the contest between them must be decided in the end by seeing whether Utilitarianism can accommodate a prominent role for rights in morality. In political philosophy even the most bitter opponents in the perennial debate over conflicts between liberty and equality (...) often share a common assumption: that the issue of liberty versus equality can only be resolved by determining which is the correct theory of rights. Some contend that equal respect for persons requires enforcement of moral rights to goods and services required for the pursuit of one's own conception of the good, while others protest that an enforced system of ‘positive’ rights violates the right to liberty whose recognition is the essence of equal respect for persons. The dominant views in contemporary moral and political philosophy combine an almost unbounded enthusiasm for the concept of rights with seemingly incessant disagreement about what our rights are and which rights are most basic. Unfortunately, that which enjoys our greatest enthusiasm is often that about which we are least critical. My aim in this essay is to take a step backward in order to examine the assumption that frames the most important debates in contemporary moral and political philosophy – the assumption that the concept of a right has certain unique features which make rights so especially valuable as to be virtually indispensable elements of any acceptable social order. (shrink)

Dignity is an important concept in ethics. Human rights organizations justify rights by appealing to human dignity. Prominent politicians have cited the need to protect human dignity and urged the founding of international institutions. The concept of human dignity is often used to evaluate and critique the ethics of select practices. In addition, the idea of dignity is used as a universal principle to ground universalist business ethics.This paper argues that there are substantial differences between the ways in which the (...) West and China construe human dignity. Having documented these major differences, we consider two cases to show how the differences might “cash out” in actual business practice. Instead of relying upon a nonexistent universal concept of human dignity, we suggest that it is respectful and sound to seek to identify the many goods (teamwork, initiative, autonomy, respect for elders) that differing parties see at play in the case at hand and then to try to come up with ways to realize as many of these goods as possible. (shrink)

Stakeholder theory is now nearly mainstream among business ethics and business and society scholars but it has serious problems. One is well communicated by a quote from W. H. Auden: "We are here on earth to do good for others. What the others are here for, I don't know." More to the point, stakeholder theory violates private property rights and freedom of association. It makes of people in business involuntary servants of "society," mainly of self-appointed moralists. This paper explores (...) stakeholder theory or CSR along these lines. (shrink)

Individual choice and freedom are repeatedly invoked in contemporary policy debates, including those with a focus on risk behaviors such as smoking and health insurance coverage. The idea of making the right choice with regard to health and well-being has been fortified by the neoliberal discourse of self-reliance, personal autonomy, and responsibility. This neoliberal view, stemming from the conceptualization of freedom of philosopher John Stuart Mill justifying the freedom of the individual in opposition to unlimited state control, holds that (...) success, good health, and favorable educational outcomes are largely due to individual effort. Correspondingly, so too is failure, including failure of.. (shrink)

John Stuart Mill argued, in hisPrinciples of Political Economy(1848, 7th edn., 1871), that existing laws and customs of private property ought to be reformed to promote a far more egalitarian form of capitalism than hitherto observed anywhere. He went on to suggest that such an ideal capitalism might evolve spontaneously into a decentralized socialism involving a market system of competing worker co-operatives. That possibility of market socialism emerged only as the working classes gradually developed the intellectual and moral qualities required (...) for worker co-operatives to succeed against private firms. Workers would tend to reject the hierarchical wage relation as they developed the requisite personal qualities, he believed, and capitalists, facing escalating wages for skilled labour as a result of the diminishing supply of high-quality workers for hire, would tend to lend their capital to the worker co-operatives ‘at a diminishing rate of interest, and at last, perhaps, even to exchange their capital for terminable annuities. In this or some such mode’, he speculated, ‘the existing accumulations of capital might honestly, and by a kind of spontaneous process, become in the end the joint property of all who participate in their productive employment: a transformation which, thus effected, (and assuming of course that both sexes participate equally in the rights and in the government of the association) would be the nearest approach to social justice, and the most beneficial ordering of industrial affairs for the universal good, which it is possible at present to foresee.’. (shrink)

Nature as the source of moral ordinance in Aristotle received doubt with the publication of J. Donald Monan’s Moral Knowledge and Its Methodology in Aristotle. Arguing for an earlier versus later Aristotle, he opined for the φρόνιμος as Aristotle’s final word on the criterion for ethical right. “Normative Nature and the Moral Good in the Aristotelian Ethics” argues exegetically and on Aristotelian grounds the inaccuracy of such a view. As early as the Protrepticus, Nature as the guide (...) to proper conduct appears, a view unchanged in the later, mature Ethics. (shrink)

Ethical questions normally arise in sport because its participants are human moral agents and because its practice community entails the observance of rules and responsibilities that humans generally owe one another in a social practice of voluntary competition. Since nature sports are not defined by this kind of inter-agential activity, it would appear that there are no comparable ethical constraints on their pursuit. This paper considers conflicts of preference versus right between humans, how these are resolved, and whether (...) these rights are relevant in assessment of nature sport activity vis-à-vis nonhuman creatures. Relying on a goods perspective instead of a rights framework, via Korsgaard, I argue against an assumption that human preference is sufficient to override consideration of nonhuman animals’ functional goods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being the Right Kind of Parent:Conceiving PeopleCamisha Russell (bio)Daniel Groll's Conceiving People makes one central claim regarding the ethics of using egg or sperm donations to create a child (that one intends to parent): "[P]arents should use an open donor because doing so puts their resulting child in a good position to satisfy the child's likely future interest in having genetic knowledge" (Groll 2021, 12, original italics).Amid (...) myriad thorny ethical questions surrounding assisted reproduction, Groll's decision to focus on a choice that intended parents in need of donor gametes must make before their future child is even conceived—a choice that is typically taken very seriously—makes a lot of sense. The question is live, rarely completely determined as a matter of policy or law, and, as Groll demonstrates, important to most donor-conceived people (and therefore to the families of which they are a part). For this increasing number of individuals and families, a cultural shift in how we think about open versus anonymous donors would have a significant (and as Groll argues, positive) impact.Groll's carefully built argument is important not only for the paths of ethical reasoning that it highlights, but for those common rationales it gently but firmly sets aside (e.g., the donor-conceived person's medical need to know their genetic history or the idea that knowledge of one's genetic origins is the best or only way to truly know oneself). Groll's work is attentive to the types of relationships that foster the emotional health of families, and it's grounded in the experiences and desires articulated by donor-conceived people themselves. For this reader, these are the book's greatest strengths, along with the fact that Groll is often quite funny in his examples, which makes the examples highly relatable.Of course, the challenge for philosophers in writing books of ethical importance for "laypeople" is to offer something an average educated adult can understand while addressing the more technical theoretical issues that matter to ethicists. I would expect Groll's text to satisfy ethicists because his definitions and distinctions are scrupulously clear, and he engages the existing philosophical literature well. As for laypeople, there are surely a few moments in which they will find themselves in the theoretical weeds, so to speak, but Groll has [End Page 193] successfully made the book largely modular, such that they should get a lot from just reading the chapters of direct interest (Groll 2021, 29).Chapter 2, "Keeping Secrets," is essential for intended parents seeking ethical guidance. Groll notes that professional opinion on donor conception has shifted from seeing nondisclosure of a child's donor-conceived status as a moral requirement (to protect privacy and avoid family stigma) to recommending disclosure. He then reviews standard arguments for disclosure: (1) the "profound importance" of known genetic origins to health identity formation, (2) the medical importance of knowing to whom you are (and are not) genetically related, and (3) the harm that keeping secrets can do to family members and family functioning. While Groll agrees with the latter two arguments, he introduces and emphasizes a new argument: the Intimacy argument, in which he convincingly argues that keeping a child's genetic origins secret "violates norms of intimacy by creating distance between parents and children that is at odds with the demands of intimacy in the parent-child relationship" (Groll 2021, 44, original italics). Though, in many ways, this chapter's argument is separate from the central argument for the use of open donors constructed in the rest of the book, I find it compelling and wonder whether it could hold up more of the open donor argument, placing less weight on the Significant Interest view that Groll introduces in the next chapter (and the concerns regarding bionormativity that emerge from that view).In the third chapter, Groll moves from disclosure to the information that's available to be disclosed. That is, it is one thing to commit to telling a child they were donor-conceived after conception. It is another to commit before conception to choosing a donor willing to be known to the future child when... (shrink)

Cover -- Title -- Copyright -- Contents -- List of table -- Notes on contributors -- Acknowledgements -- Introduction: environmental human rights and political theory -- 1 The rights of humans as ecologically embedded beings -- 2 Defining the natural in the Anthropocene: what does the right to a 'natural' environment mean now? -- 3 Reconciliation of nature and society: how far can rights take us? -- 4 The foundation of rights to nature -- 5 Rights to natural resources (...) and human rights -- 6 Making sense of the human right to landscape -- 7 What's so good about environmental human rights? Constitutional versus international environmental rights -- 8 Environmental human rights - concepts of responsibility -- 9 Future people's rights: dispelling an ontological worry -- 10 Human rights-based precautionary approaches and risk imposition in the context of climate change -- Index. (shrink)

The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

Arguing that issues of both emissions and subsistence should be comprehended within a single framework of justice, the proposal here is that this broader framework be developed by reference to the idea of "ecological space.".

Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm, and the distinction between natural moral rights and positive legal ones—in an (...) examination of what makes torture wrong and when. Dissenting from the views of Jeremy Waldron and Jean Porter, the article concludes that a positive legal right against torture and aggressive interrogation should be granted—even though morally right cases of the latter might occur. (shrink)

Without modification, Rolston’s environmental ethics is biased in favor of plants, since he gives them stronger protection than animals. Rolston can avoid this bias by extending his principle protecting plants (the principle of the nonloss of goods) to human interactions with animals. Were he to do so, however, he would risk undermining his acceptance of meat eating and certain types of hunting. I argue,nevertheless, that meat eating and hunting, properly conceived, are compatible with this extended ethics. As the quintessential natural (...) process, carnivorous predation is rightfully valued and respected by such environmentalists as Rolston. Because the condemnation of human participation in predation by animal activists suggests a hatred of nature, the challenge for Rolston’s animal activist critics is to show that one can properly appreciate natural predation while consistently and plausibly objecting to human participation in it. (shrink)

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original (...) critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values, and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza, Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars. (shrink)

In a series of brief chapters, Al Gini lays out ideas for 'stepping out of the shadow of the self' - an argument for stopping thinking of yourself as the centre of the universe. It's hard to be good, he explains, until we realize that being good only has meaning in relation to other people. Ideas of justice, fairness, and ethical behavior are just that - abstract ideas - until they are put into action with regard to people (...) outside ourselves. We may worry too much about good versus evil - big concepts that give us plenty of room to sit on the right side of the equation, he argues. Instead, we need to be thinking about how being good involves an active relationship toward others. Being good all by yourself may not be good enough. This warm and generous book is for anyone who wants to know how to use ethical thinking as way to live, work, and be with others. (shrink)

The transgender population generally faces rights violations and discrimination in their day-to-day lives, which was exacerbated during the recent pandemic. This necessitates close scrutiny from an ethics perspective. Following directives from a 2014 Supreme Court judgement, Kerala became the first Indian state to implement a comprehensive policy to enforce the constitutional rights of transgender people. Despite such positive actions, a basic social tendency not to respect gender diversity has led to discrimination and marginalization. This was very evident during the pandemic. (...) In this empirical work, we have documented the lives of the transgender community during the pandemic wherein they share experiences related to livelihood, interaction with the healthcare system, and acceptance in society vis-à-vis the pandemic. Simply providing third-gender status will not help the gender-marginalized community to grow to their fullest potential and have a better lifestyle on par with others in mainstream society. (shrink)

“All men desire the good.” This doctrine, which lay at the root of the ethics and also of a great part of the metaphysics of Greek and mediæval thinkers, is either a truism or a paradox, according to the interpretation we place upon it. Its meaning is far from obvious; it veils a multitude of implications and has given rise to a swarm of misconceptions. It has been assumed that all desire is sub ratione boni; nay more, the (...) class='Hi'>good has been defined as the object of universal desire, as “that at which all things aim.” The view that desire is conditioned by prior apprehension of the good has provoked the rejoinder that desires precede consciousness of their end, that cognition is the result of, or at least concomitant with, the conative process which reveals it. Again, it may be asked whether the gooddesired is necessarily my own good, so that its attainment may beconstrued as self-realization; and, if so, whether it is private tomyself or a common good which can be shared with others. Is heereone absolute Good, knowable by man, to which all other goodsare relative? Is it possible to pass beyond what we opine and believeto be good, so as to know and desire what is “really” good? (shrink)

The two basic forms of action distinguished in the preceding articles, viz., moral action, where praxis is for praxis sake, and action for a good, where praxis is for the sake of theôria, are found in close relationship to one another in human life. The part they play is rather that of abstract moments in a practical process than that of self-contained and isolable bits of conduct. No philosopher is likely to discount the importance of thus analysing the concrete (...) into its factors before he rectifies the abstraction by showing how they co-operate in actual experience. In any individual biography we can find acts and courses of action in which duty is the dominant motive, and others in which the dominant motive is desire of good. Similarly, when we compare different biographies with one another, some exemplify most strikingly the struggle for righteousness against unruly passion, others the spontaneous aspiration of the soul to attain the goal of its desire. But neither the moral law nor the summum bonum wields an exclusive sovereignty. St. Paul and Luther, in their warfare against carnal desire, drew strength from the ideal vision; nor were St. Bernard or Spinoza, for all their absorption upon union with the divine, strangers to the call of moral obligation. In the lives of ordinary men, the types of conduct are, perhaps, more evenly balanced; yet here also the distinction is discernible. Moreover, it is easy to see how, despite their intrinsic difference, they come to be associated and “by just exchange” to effect a mutual enrichment. (shrink)