The most important distinction in value theory is the subjective-objective distinction which determines the epistemological status of value judgments about medical intervention. Ethical decisions in medical intervention presuppose one of three structures of justification — namely, an inductive approach, a deductive approach which can be either consequentialist or non-consequentialist, and a uniquely ethical approach. Inductivism and deductivism have been discussed extensively in the literature and are only briefly described here. The uniquely ethical approach which presupposes value objectivism is analyzed in (...) detail. This method involves a purely ethical inference which moves from facts to values directly with an emphasis on reason which involves a non-logical justification (as opposed to illogical). It involves the use of natural practical arguments which have an imperative conclusion but no imperative premise and exhibit a value-requiredness between two states of affairs. (shrink)

A study of physicians and medical students was conducted to determine the various philosophical positions they hold with respect to ethical decision-making in medicine and their epistemological presuppositions in relationship to the subjective-objective controversy in value theory. The study revealed that most physicians and medical students tend to be objectivists in value theory, i.e., believe that value judgements are knowledge claims capable of being true or false and are expressions of moral requirements and normative imperatives emanating from an external value (...) structure or moral order in the world, but that most physicians and medical students are inconsistent in the philosophical foundations of their medical ethical decision-making, i.e., in decision-making regarding values they tend to hold beliefs which are incompatible with other beliefs they hold about values. The study also revealed that most physicians and medical students think more emphasis should be placed upon medical ethics in medical education. (shrink)

A study of nurses and nursing students was conducted to determine the various philosophical positions they hold with respect to ethical decision-making in nursing and their relationship to the subjective-objective controversy in value theory. The study revealed that most nurses and nursing students tend to be subjectivists in value theory, i.e., believe that value judgments are purely personal, private expressions of one's own opinion or inner-feelings and not believe that value judgments are knowledge claims capable of being true or false (...) and therefore not expressions of moral requirements and normative imperatives emanating from an external value structure or moral order in the world. In addition, the study revealed that most nurses and nursing students are inconsistent in the philosophical foundations of their ethical decision-making, i.e., in decision-making regarding values they tend to hold beliefs which are incompatible with other beliefs they hold about values. (shrink)

A study of clinical medical ethicists was conducted to determine the various philosophical positions they hold with respect to ethical decision making in medicine and their various positions' relationship to the subjective-objective controversy in value theory. The study consisted of analyzing and interpreting data gathered from questionnaires from 52 clinical medical ethicists at 28 major health care centers in the United States. The study revealed that most clinical medical ethicists tend to be objectivists in value theory, i.e., believe that value (...) judgments are knowledge claims capable of being true or false and therefore expressions of moral requirements and normative imperatives emanating from an external value structure or moral order in the world. In addition, the study revealed that most clinical medical ethicists are consistent in the philosophical foundations of their ethical decision making, i.e., in decision making regarding values they tend not to hold beliefs which are incompatible with other beliefs they hold about values. (shrink)

This study investigated gender related moral reasoning in student essays containing arguments on moral issues. Undergraduate students in a medical ethics course viewed two films on morally controversial issues. The students wrote brief essays about the films which were transcribed and numerically coded to conceal the author's gender from the evaluator. Using a coding scheme originated by Lyons, the evaluator classified each essay as a justice/right essay or a care/response essay or an equal response essay. Subsequently, calculations were made to (...) determine the percentage of male authored essays that were justice/rights essays or care/response essays and the percentage of female authored essays that were justice/rights or care/response essays. The males (87.7%) tended to exhibit the justice/rights moral orientation, and the females (69.4%) exhibited the care/response moral orientation. Several different calculations were made to determine various degrees of gender related orientations also. The difference in orientation was highly statistically significant (p≤0.001). These data contribute to understanding moral orientation and development. Interpretations are given to explain some differences between the genders and help explain the traditional roles in society that males and females have played historically. (shrink)

In this article, I argue that because co-nationals have an intrinsically valuable relationship, they have a presumptive claim against interference in their collective affairs. My argument from the claim that co-nationals have an intrinsically valuable relationship to the presumptive claim against interference is threefold, and I set it out in section “From Intrinsic Value to Self-Determination”: firstly, parties to an intrinsically valuable relationship have a respect-based claim to autonomy. Secondly, the relationship between co-nationals realizes some important goods, and (...) collective autonomy is internally related to these. Finally, the fact that co-nationals have an intrinsically valuable relationship, and affective attachments means that they have a strong interest in carrying out certain activities together, without interference from outsiders. In section “Grounding the Presumptive Claim,” I argue that these three grounds cumulatively amount to a presumptive claim to collective autonomy. I outline the implications for the issue of secession. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...) its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

Research and practice about self-determination in the context of disability has centred on teaching skills and providing support to help people with impairments to be independent. However, limited research exists about the impact of Information and Communication Technologies, in particular social media and mobile devices, on the development of self-determination skills among people with disabilities. This paper presents the findings of a qualitative study which collected data from observations, a researcher diary, focus groups, individual interviews and (...) data from social media. The focus of the study was on young people with vision impairments who were transitioning to university life. The study found that the participants developed self-determination skills by using and adapting collaborative and interactive online tools and mobile devices according to their transition needs. This finding expands the understanding of the implications of new technologies for young people with disabilities’ personal development and the enhancement of self-determination. (shrink)

By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy ...

Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest (...) or advantage of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

THE PAPER DEFINES AND DEFENDS A PRINCIPLE OF COLLECTIVE SELF-DETERMINATION AS ONE OF THE PRINCIPLES OF THE ORDERING OF A JUST SOCIETY. THAT PRINCIPLE SPECIFIES THAT INDIVIDUALS PARTICIPATE EQUALLY IN THE MAKING OF DECISIONS WHICH WILL GOVERN THEIR ACTIONS WITHIN INSTITUTIONS OF SPECIAL COOPERATION. THE PAPER ADOPTS THE STRATEGY OF ARGUING TO PRINCIPLES OF JUSTICE BY ASKING WHAT PRINCIPLES WOULD BE CHOSEN IN RAWLS' ORIGINAL POSITION. IT ARGUES THAT, CONTRARY TO THE THRUST IMPLICIT IN RAWLS AND OTHER LIBERAL (...) THINKERS, PERSONS IN THE ORIGINAL POSITION WOULD HAVE NO BASIS FOR DISTINGUISHING BETWEEN POLITICAL AND NON-POLITICAL INSTITUTIONS OF SOCIAL COOPERATION, AND THUS WOULD CHOOSE THE PRINCIPLE OF SELF-DETERMINATION DIRECTLY AS APPLYING TO ALL INSTITUTIONS AND ACTIVITIES OF SOCIAL COOPERATION. (shrink)

Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either (...) accept that it is permissible for states to deport and denationalize their own citizens or reject the self-determination argument. To avoid this implication, we should reject the self-determination argument. That is, we should also reject the conclusion that rights to self-determination can justify any significant immigration restrictions. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this (...) claim; on this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

In this article I examine the political relations between Aboriginal communities and government in the development of Australian Aboriginal health policy. How do government policymakers interpret the concept of Aboriginal self-determination? What does reconciliation mean in the context of Aboriginal health? The article is based on 12 months of ethnographic research in southeast Australia with key stakeholders in the Aboriginal community-controlled health sector as well key stakeholdes in regional, state, and national (Commonwealth) government. The research was a response (...) to the call for anthropologists to engage in ethnographic studies of colonial relations.1 I argue that although Australian health policy today is premised on community-government partnerships, contemporary relationships are still, fundamentally, rooted in and informed by Australia’s colonialist history with all of its attendant institutions, structures, and practices. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational (...) jurisdiction view—which favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

This study attempts to analyse the relationship between two key psychological variables associated with performance in sports - Self-Determined Motivation and Competitive Anxiety - through Bayesian Networks analysis. We analysed 674 university students/athletes from 44 universities that competed at the University Games in México, with an average age of 21 years (SD = 2.07) and with a mean of 8.61 years’ (SD = 5.15) experience in sports. Methods: Regarding the data analysis, first a CHAID algorithm was carried out to (...) determine the dependence links between variables, and then a Bayesian networks was developed. The validation of the BN revealed AUC values ranging from 0.5 to 0.92. Subsequently, various instantiations were performed with hypothetical values applied to the “bottom” variables. Results showed two probability trees that have extrinsic motivation and amotivation at the top, while the anxiety/activation due to worries about performance was at the bottom of the probabilities. The instantiations carried out support the existence of these probabilistic relationships, demonstrating their scarce influence on anxiety about competition generated by the intrinsic motivation, and the complex probabilistic effect of introjected and identified regulation regarding the appearance of anxiety due to worry about performance. (shrink)

Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. (...) And, I shall argue, certain leading theories of self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

A recent surge of research has begun to examine music participation and well-being; however, a particular challenge with this work concerns theorizing around the associated well-being benefits of musical participation. Thus, the current research used Self-Determination Theory to consider the potential associations between basic psychological needs (competence, relatedness, and autonomy), self-determined autonomous motivation, and the perceived benefits to well-being controlling for demographic variables and the musical activity parameters. A sample of 192 Australian residents (17-85, Mage = 36.95), (...) who were currently participating in a musical activity at the time, completed an online questionnaire. Results indicated that females were more likely to perceive benefits to their well-being; and that how important an individual considers music in their life was positively related to perceived well-being. Importantly, the analyses also revealed that the basic needs of competency and relatedness were related to overall perceived well-being as well as specifically social, cognitive, and esteem dimensions of well-being. Autonomous motivation demonstrated significant associations with both an overall well-being score as well as four of five specific well-being subscales measured. Collectively, the findings indicate that Self-Determination Theory offers a useful theoretical framework to understanding the relationship between musical participation and well-being. Further, the pattern of findings reiterates the positive associations between musical participation and one’s psychosocial well-being, with broad implications for people involved in the facilitation of musical activity. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the (...) principles of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

According to reductionists about agency, an agent’s bringing something about is reducible to states and events involving the agent bringing something about. Many have worried that reductionism cannot accommodate robust forms of agency, such as self-determination. One common reductionist answer to this worry contends that self-determining agents are identified with certain states and events, and so these states and events causing a decision counts as the agent’s self-determining the decision. In this paper I discuss J. David (...) Velleman’s identification reductionist theory, according to which an agent is identified with his desire to make most sense of himself. I develop two constraints that an adequate identification reductionist theory must satisfy and show that Velleman’s theory cannot satisfy both. In particular, I argue that Velleman’s account founders on cases of self-determined self-transformation. (shrink)

Most contemporary bioethicists believe that Western bioethical principles, such as the principle of autonomy, are universally binding wherever bioethics is found. According to these bioethicists, these principles may be subject to culturally‐conditioned further interpretations for their application in different nations or regions, but an ‘abstract content’ of each principle remains unchanged, which provides ‘an objective basis for moral judgment and international law’. This essay intends to demonstrate that this is not the case. Taking the principle of autonomy as an example, (...) this essay argues that there is no such shared ‘abstract content’ between the Western bioethical principle of autonomy and the East Asian bioethical principle of autonomy. Other things being equal, the Western principle of autonomy demands self‐determination, assumes a subjective conception of the good and promotes the value of individual independence, whilst the East Asian principle of autonomy requires family‐determination, presupposes an objective conception of the good and upholds the value of harmonious dependence. They differ from each other in the most general sense and basic moral requirement. (shrink)

Health-related quality of life measures aim to assess patients’ subjective experience in order to gauge an increasingly wide variety of health care issues such as patient needs; satisfaction; side effects; quality of care; disease progression and cost effectiveness. Their popularity is undoubtedly due to a larger initiative to provide patient-centered care. The use of patient perspectives to guide health care improvements and spending is rooted in the idea that we must respect patients as self-determining agents. In this paper I (...) look at the two main orientations to quality of life measurement: standardized and individualized measures. I argue that while these measures are attempts to provide for patient self-determination, they both fail to do so. In their place I suggest a new approach which overcomes their respective difficulties: a dialogic approach. (shrink)

The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They (...) also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. -/- Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place. (shrink)

Offers an interpretation of the core conception of freedom found in Hegel's social and political philosophy. It argues that to an extent that is sometimes underestimated in the secondary literature Hegel follows Kant in conceptualizing freedom as rational self‐determination. Through a study of Hegel's claim that there is an opposition between freedom and authority, the chapter explains why freedom is associated with rational self‐determination and it considers and responds to various standard objections against understanding freedom in (...) this way. (shrink)

What limitations on intervention in support of democratic revolutions does proper regard for the collective right of self-determination impose? Some have held that if intervention in support of democratic revolutions is justified, it must cease once the authoritarian regime has been deposed—that any effort by the intervener to use force to shape the new political order would violate the people’s right of self-determination. This essay argues that proper regard for self-determination is compatible with much (...) more extensive interventions. (shrink)

Anselm is known for offering a distinctive definition of freedom of choice as “the ability of preserving uprightness of will for its own sake.” When we turn to Anselm’s account of the devil’s fall in De Casu Diaboli, however, this idiosyncratic understanding of freedom is not at the forefront. In that text, Anselm seemingly assumes a traditional understanding of free will defined in terms of alternative possibilities for the angels. These alternative possibilities must be present so the angels can engage (...) in ‘self-determination.’ God, however, does not face alternative possibilities to achieve His self-determination. Anselm thus explicates his notion of free will in terms of three different concepts: his distinctive definition of free choice, self-determination, and the principle of alternative possibilities. Despite attempts (by both scholars and Anselm) to explain how these three concepts are related, I argue that their relationship is problematic. In particular, I argue that Anselm is guilty of conflating and equivocating with regard to these concepts. I further importantly claim that the conflation obscures the fact that his understanding of self-determination calls into question God’s excellence over that of the good angels. (shrink)

In recent years numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This ambitious study brings together for the first time a series of original essays on the ethics of secession. A host of leading figures explore key issues in this important debate, including, what is `a people' and what gives them a right to secede? And is national self-determination consistent with liberal and democratic principles or is it a (...) dangerous doctrine? (shrink)

In this article, I offer responses to five commentaries on my recently published book, Cosmopolitan Peace. Those articles address my conception of individual and collective agency, my account of self-determination (and its implication for the problem of annexation during and after the war), and my accounts of, respectively, reparations and remembrance after war. I revise or provide further defences of those accounts in the light of my commentators’ probing remarks.

Global climate change is likely to become a major cause of future migration. Small Island States are particularly vulnerable since territorial destruction caused by sea level rise poses a threat to their entire existence. This raises important issues concerning state sovereignty and self-determination. Is it possible for a state to remain self-determining even if it lacks a stable population residing on a specific territory? It has been suggested that migrants from disappearing Small Island States could continue to (...) exercise sovereign control over their abandoned territory. Such an arrangement would allow them to retain a measure of self-determination. The question posed in this paper is whether this ?deterritorialized state proposal? is conceptually plausible and normatively acceptable. It is argued that the proposal is conceptually plausible if we adopt a gradual understanding of ?self-determination?, but that its normative acceptability is weak even if it is supplemented with compensatory measures. (shrink)

The purpose of the present study was to evaluate the effectiveness of a physical activity intervention program designed to enhance levels of engagement in PA. Despite robust evidence supporting the beneficial effects of PA on overall health, only about 22% of individuals engage in the recommended minimum amount of PA. Recent surveys suggested that most individuals express intentions to be physically active, though the psychological state of amotivation dismissed these struggles. In the current study, we pilot-tested a new intervention program, (...) aimed at enhancing engagement in PA among sedentary individuals. The intervention was based on two behavioral change and motivational psychological frameworks: Self-Determination Theory and Acceptance and Commitment Therapy. During a 14-week intervention program, 94 sedentary Israeli college students were randomly assigned into one of three groups: SDT and ACT-based intervention, traditional intervention, and a non-treatment group. Prior to and following the intervention, participants completed the Behavioral Regulation in Exercise Questionnaire-3 to examine motivation to exercise and the International Physical Activity Measurement IPAQ to evaluate their training frequency. Results showed that the SDT and ACT-based intervention group exhibited a significant increase in motivation to exercise between time 1 and time 2, while the other two groups showed insignificant differences in motivation to exercise. Furthermore, neither of the groups showed significant differences in their training frequency per week. However, those in the SDT and ACT-based groups reported an increase in activity intensity from time 1 to time 2 compared to the two other groups. Further, exercise psychology consultants and scholars can use the intervention protocol and utilize these findings to improve PA behaviors and promote health in the general population. Limitations, future directions, and implications are discussed in detail. (shrink)

It is a standard requirement of democratic theory that all members of society be treated with equal respect as capable of self-determination (Christiano 2004; Dworkin 1977; Gutmann and Thompson 2004; Patten 2011; Waldron 1999). The fulfillment of this requirement is problematic vis-à-vis conscientious dissenters. Conscientious dissenters refuse to comply with legally enforced duties when compliance risks jeopardizing their moral integrity, because the required behavior would compromise their loyalty to (some of) their moral commitments. Coercing conscientious dissenters into behavior (...) they deem morally wrong, qua contrary to their conscience, amounts to disrespect because it threatens their capacity for .. (shrink)

In a broadly Kantian context, it is often assumed that practical self-consciousness and rational self-determination can only be understood in opposition to pleasure and desire. I argue instead that, already for Kant, rational self-determination is itself a determination of our faculty of desire. Drawing on resources from Kant and Hegel, the paper shows that sensible desire can be understood as a self-determination of our vital forces which is connected to a sensible awareness (...) of our practical existence. In order to constitute what Kant calls a higher faculty of desire, we need to develop a practical self-consciousness of this sensible desire. As Hegel develops this idea, such self-consciousness involves grasp of the very form of desire that is occluded in its sensible form, as well as a reflexive redoubling of desire whereby desire becomes its own object. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination is (...) more than a principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

This essay is a study on national self-determination and justice from the differing perspectives of John Rawls and Rabindranath Tagore. Both thinkers have addressed the problem of conflict caused by national loyalties. Influenced by Immanuel Kant’s philosophy of cosmopolitanism, John Rawls articulates the “Law of People” that suggests that mutual consent consists in economic interdependence among nations and tolerance for cultural diversity under monitored conditions of the international relations. Such an arrangement is not inclusive as it excludes the (...) subaltern perspectives and reinforces the hierarchies between East and West. Tagore offers post-colonial versions of nationalism and cosmopolitanism that call for a creative and spiritual unity of nations through cultural exchange where each is equal in dialogue. The essay makes a case for Tagore’s cosmopolitanism being more inclusive than Rawls, yet, limited in its accommodation of the “other” as Tagore’s creative unity domesticates this “other” on the basis of spiritual familiarity. The essay also critiques Martha Nussbaum’s cosmopolitanism that suggests reconciliation of both. It makes a case for a paradoxical understanding of hospitality, friendship and otherness theorized by Jacques Derrida as the basis of self-determination and global justice. (shrink)

Emerging reprogenetic technologies may radically change how humans reproduce in the not-so-distant future. One foreseeable consequence of disruptive innovations in the procreative domain is an increase in the reproductive autonomy of intended parents. Regarding the prospective parental liberty of enhancing non-health–related traits of the offspring, one controversy has particularly dominated the literature. Does parents' choice of genetically enhancing the traits of their descendants compromise children's future personal autonomy? In this article, I will analyse the main arguments which posit that reprogenetic (...) enhancement could be at odds with the child's future autonomy. I will argue that these objections are ill-founded. Moreover, I will present other arguments that show that reprogenetic technologies can enhance the autonomy of future children. Autonomy enhancement is a plausible and pro tanto desirable application of emerging reprogenetic technologies. (shrink)

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of (...) the normative significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

This article looks at the relevance of the concept of self-determination to psychiatric patients by studying the existence, importance and manifestations of self-determination. The data were collected by interviewing long-term patients (n = 72) in one mental health care organization, which included a psychiatric hospital and an outpatient department. Self-determination was defined in terms of the right to decision-making, the right to information, the right of consent, the right to refuse treatment, and the right (...) to be heard and taken into account. It was found that, with the exception of the right to refuse and consent, these rights are indeed present in the practice of psychiatric nursing and that they are relevant and important to psychiatric patients. The patients typically gave ethical, practical and legal reasons for a psychiatric patient's right to self-determination. The main reasons why psychiatric patients said they lacked the right to self-determination were illness and staff authority. Recommendations for educational, clinical and methodological implications for the future in nursing are discussed. (shrink)

The article analyzes the phenomenon of national self-determination in terms of evolution and functioning. The authors aim to determine the general characteristics and evolution of this phenomenon in both conceptual and applied versions. In the evolution’s context of national self-determination as a theoretical concept and a political and legal principle, several stages were identified and considered. According to the authors, each stage of the phenomenon’s evolution was inevitably accompanied by its qualitative transformations, both in political and (...) legal terms. The first stage (from the end of the XVIII c. till the First World War), according to the authors, is characterized by the emergence of the idea and the formation of the socio-political concept of national self-determination, and the applied aspect of the phenomenon of national self-determination is filled with concrete content based on the ever-expanding political practice of its application. The second stage (from the First World War and the post-war reconstruction) is characterized by the transformation of self-determination from a concept into a political principle. The authors associate the third stage of the evolution of the phenomenon of national self-determination (the period after the Second World War) with the development of international relations and the formation of a global bipolar system. National self-determination turned into a principle of positive international law and laid the foundations for the future political instability of the newly independent states. Finally, the last period (the early 90s to this day) is characterized by the search and crystallization of new approaches to the principle of national self-determination and the emergence of new theories, the authors of which are trying from a political and legal point of view to substantiate the legitimacy of an expansive interpretation of this principle. The analysis allowed us to conclude that the qualitative transformations of the principle of national self-determination presented in the article did not lead to the formation of the phenomenon of national self-determination as an integral, complete, and universally recognized international political and legal norm. (shrink)

In this article, I show how the principle of democratic self-determination can answer the boundary problem by both grounding and constraining a people’s right to exclude potential immigrants. I argue that a people has the qualified right to exclude insofar as it respects the self-determination claims of outsiders. I analyze the concrete implications of the requirement to respect the self-determination claims of outsiders in the cases of long-term residents, refugees, and brain drain. Sometimes the (...) only way for a people to respect the self-determination claims of outsiders will be by including, rather than excluding, them as members. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions (...) and show that each of these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with (...) interesting consequences both for international law and for philosophical debates about the rights of minorities. (shrink)

There are arguments for determinism. Admittedly, this is opposed by the fact of everyday experience of autonomy. In the following, it is argued for the compatibility of determinism and autonomy. Taking up considerations of Donald MacKay, a fatalistic attitude can be refuted as false. Repeatedly, attempts have been made to defend the possibility of autonomy with reference to quantum physical indeterminacy. But its statistical randomness clearly misses the meaning of autonomy. What is decisive, on the other hand, is the possibility (...) of knowledge, which opens up opportunities for planning, freedom of choice and ultimately 'self-choice'. Results of neurobiological research, especially Benjamin Libet's and more recently John-Dylan Haynes', seem to refute this: Actions are unconsciously initiated before conscious decision. But, as Libet has also shown, consciousness always has the possibility of a veto – and thus also of knowledge-driven action control. Ultimately, the idea of possible self-choice can thus become the determining condition. Only such a form of rational self-determination establishes a spiritual identity and at the same time represents the maximum of autonomy possible for human beings. (shrink)

Self-determination is a central concept in the field of bioethics and the most critical decision among the myriad of decisions concerning medical care is the decision to choose to die; “self-determination of death.” The purpose of this paper is to clarify the basic positions on self-determination of death held by present Japanese people and we tentatively sorted these positions into 10 arguments. We discuss the problems and implications of these positions revealed within our present (...) review and conclude that a society needs to deny unnecessary intrusion and tolerance for different views might be a keyword in our oncoming society. (shrink)