A discussion of work formalising Hohfeld's classic taxonomy of rights relations between two parties.

The aim of The Legal Foundations of Micro-Institutional Performance is to introduce the reader to a different way of thinking about economics that will allow them to both understand and apply legal concepts to economic analysis. To this end, it adopts and further develops Wesley Hohfeld's legal framework of jural (legal) relations as a tool of analysis. This analytical tool, as built into the Legal-Economic Performance framework, provides specific direction in identifying and describing interdependence among economic agents (including rights, (...) duties, liberties and exposure to various acts). The framework adopted and developed in this book relies on the concept of interdependence--that all economic agents are tied together in a legal system given the inherent interdependent nature of transactions in a complex modern global economy. The authors start by developing this framework and then apply it to a variety of settings and empirical examples. Using this new method, economists will be able to reshape their analysis to account for how legal systems and specific legal rules impact economic performance and outcomes. This approach will be of great interest to graduate and advanced undergraduate social science scholars, faculty interested in the intersections of law and economics and the application of legal concepts to impact analysis, and practitioners in the fields of policy, law and economics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Reviewed by: The Singular Voice of Being: John Duns Scotus and Ultimate Difference by Andrew Lazella Christopher Cullen S.J. Andrew Lazella, The Singular Voice of Being: John Duns Scotus and Ultimate Difference. Medieval Philosophy: Texts and Studies. New York: Fordham University Press, 2019. Pp. x + 260. $72.00. ISBN: 9780823284573. John Duns Scotus (c. 1265–1308) is aptly called the Subtle Doctor. His thought is filled with subtleties and (...) distinctions that embody medieval Scholasticism's attempt to master the science of metaphysics, especially as it had been recast by the rediscovery of Aristotle's Metaphysics—a text that Scotus wrote about at length. Andrew Lazella's book, The Singular Voice of Being: John Duns Scotus and Ultimate Difference aims precisely at presenting the subtleties of Scotus' answer to Parmenides with the Eleatic's denial of the reality of the multiplicity of beings and of change. Lazella first illumines in detail Scotus's central metaphysical doctrine, namely, that the mind attains a univocal concept of being. But the problem then becomes, as Lazella rightly perceives, that this "univocity of being" might seem to be in danger of collapsing being into a Parmenidean monism. Hence, the urgency for Scotus "to divide being at its joints" (as Lazella refers to the task; 2). Scotus has to find the ultimate differences that demarcate the multiplicity and divisions of being, if his univocity of being is not to collapse being into a false unity. Lazella shows how Scotus attempts to escape the monism of Parmenides while also avoiding a Heraclitean flux and multitude that destroys the possibility of knowledge and science. For Scotus, only the univocal concept of being is adequate to this task. An analogy of being is inadequate, primarily because it is on the side of equivocation. The univocal concept is "the singular voice of being" that illumines the unity of the finite world, with its vast multitude of things, and that also grounds the concepts of a natural theology of the infinite God. Lazella insightfully begins the book by presenting Scotus's work as an answer to Parmenides and thus to the most basic of all metaphysical questions, as discussed above. Part 1 of the book includes three chapters: the first two discuss in detail the univocal concept that unites beings, and [End Page 237] chapter 3 outlines the concept of the ultimate difference that divides being. Lazella highlights a threefold taxonomy of ultimate differences that are found in the modes, species, and individuals of being. Part 2 of the book includes three chapters, one on each of the "regions" of ultimate difference: chapter 4 treats the intrinsic modes of being; chapter 5 the ultimate specific differences that account for the diversity of species; and chapter 6 presents the ultimate individual difference, i.e., "thisness" or haeceitas, which accounts for the reality of the individual substances. A helpful conclusion summarizes the argument of the book as a whole."In his early Quaestiones super Praedicamenta Aristotelis, Scotus says that things are univocally named when they share not only the same term (vox) or name (nomen) but also the same account (ratio)" (17). The opposite extreme from univocty is equivocity. Equivocity obtains when things only share a name but have different accounts. In between these two extremes is analogy: "Analogical names require that the name signify multiple rationes, which are unified according to some order or relation" (17). This account of these three terms is uncontroversial. Lazella thinks that Scotus's turn to univocity, as the ground of metaphysics, is driven largely by his epistemology. For Scotus, "cognition is rooted in sensible accidents and is unable to gain access to the real essences of substances themselves" (6). Hence the isomorphism between mind and reality cannot be secured without a univocal concept of being, contra the views of the majority of his fellow thirteenth-century Scholastics, such as Bonaventure and Aquinas. A key point is that, for Scotus, the intelligible species, or likeness, abstracted from the phantasm by the agent intellect, is not understood as a mirror that re-presents the form found in the concrete substances of the world. For Scotus, the intelligible species is no longer understood as a formal sign that... (shrink)

The paper begins by defending the Hohfeldianaccount of rights (as equivalence relations) from thecharge that it cannot capture their specialsignificance, and thus cannot be used in a right-basedmoral theory. It goes on to argue that, because of amisunderstanding of this relational account, theconception of right-based morality that has emerged inrecent years has been variously flawed from theoutset. A particular form of explanatory priority waswrongly taken to be essential, and then eitherincoherently combined with equivalence, or taken to bea reason for (...) rejecting equivalence where right-basedthinking is concerned. In fact, this form of priorityis not sufficient for establishing a right-based moraltheory. It is also not necessary, since theHohfeldian analysis can be shown to be entirelyadequate to meeting the original aims of thoseproposing this approach to ethics. (shrink)

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

Workers in the garment manufacturing industry are often subjected to violations of their rights and are exposed to low wages and difficult working conditions. In response to the exposure of these violations in the media, major fashion brands and retailers subject their suppliers to labour codes of conduct. Despite these codes of conduct being largely ineffective, this comparative case study of garment manufacturers operating from Lesotho and Eswatini illustrates that such codes provide workers and trade unions with access to (...) bargaining leverage that they would otherwise not have. A framework with a synthesis of potential sources of workers’ power is developed and related to global production networks, collective mobilisation, the nature of the state, as well as national and transnational scales of organising. Based on historical case studies of the two countries, this paper illustrates how unions in the two countries followed different approaches to using this source of power in relation to other sources of power. These approaches were shaped by their contexts and strategic choices. Theoretically, it is argued that sources of workers’ power are analytically distinct, but are relational and operate best when seen as mutually reinforcing. The term ‘power resource nexus’ is used to frame this potential mutual reinforcement of sources of power. (shrink)

Francis Hutcheson's An Inquiry Into the Original of Our Ideas of Beauty and Virtue, published in 1725, arguably contains the first broadly utilitarian theory of rights ever formulated. In this essay, I argue that, despite its subtlety, there are crucial lacunae in Hutcheson's theory. One of the most important, which Mill seeks to repair, is that his theory of rights lacks a conceptually necessary companion, namely, a corollary account of obligation. Hutcheson has no theory of fully deontic obligations, (...) much less an account of the relational obligations that, as Hohfeld famously argued, are the conceptually necessary correlates of claim rights of the kind Hutcheson wishes to theorise. Like Hume, Hutcheson subversively redefines ‘obligation’ as a motive of self-interest or the approval of morally good motives by moral sense. This leaves Hutcheson without any account of the obligations that are the necessary correlates of claim rights. Mill does significantly better on this score but ends up giving a pragmatic ‘reason of the wrong kind’ for rights and obligations. Hutcheson thus begins a line of thought shown by him to have been powerless to ground rights without independent deontic premises from the start. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Hohfeld’s analysis on the different types of rights and duties is highly influential in analytical legal theory, and it is considered as a fundamental theory in AI&Law and normative multi-agent systems. Yet a century later, the formalization of this theory remains, in various ways, unresolved. In this paper I provide a formal analysis of how the working of a system containing Hohfeldian rights and duties can be delineated. This formalization starts from using the same tools as the classical (...) ones by Kanger and Lindahl used, but instead of focusing on the algebraic features of rights and duties, it aims at providing a comprehensive analysis of what these rights and duties actually are and how they behave and at saying something substantial on Power too—maintaining all along the Hohfeldian intentions that these rights and duties are sui generis and inherently relational. (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;The thesis is an examination of the concept of rights. Its aims are analytical and descriptive. No attempt is made to justify any particular possession or denial of rights. It is, however, a theory about rights in general, and not just about either legal or moral rights. This reflects the writer's belief that conceptual problems about the nature of rights can be satisfactorily tackled (...) only if a unified approach is adopted. In each of the first three chapters a leading theory of rights is examined, criticised and rejected. These theories are benefit theories, choice theories, theories of overriding. Particular attention is given to the writings of John Austin, HLA Hart and RM Dworkin. In the fourth chapter Hohfeld's claim for the diversity of rights is examined and rejected as unproven. In the fifth chapter an attempt is made to provide a more satisfactory theory of moral rights. This draws a distinction between rights as assessments of that which the right-holder may do and as assessments of that which others must do for the right-holder. Rights of the first type are explained in terms of a strong sense of permission; those of the second type as an instance of welfare principles. In the succeeding chapter this explanation is extended to legal rights. Finally, an attempt is made to provide a theory of the nature of property rights in general, and of ownership in particular. (shrink)

Critical legal scholarship has so far been concerned primarily with trashing or deconstructing the belief clusters of "liberalism". Negative posturing of this kind is not the only feature of the movement, though. Roberto Unger has dreamt up a sociopolitical vision that presents an "empowered democracy". An important element of his "empowered democracy" is a new system of rights. Part 1 of my essay contains an analysis of the notion of a subjective right. I argue that both Hohfeld's fundamental legal (...) conceptions and Unger's various rights can be described by a simple deontic relation that I define as RIGHT. I then discuss a set of normative criteria that can help us evaluate systems of rights. Part 2 [to appear in the following issue -- ed.] contains a detailed critique of Unger's system of rights based on these normative criteria. The tenet of this part is that Unger's system of rights is contradictory, opaque, impracticable, costly, and not fully backed by what Unger offers as a background justification for it. (shrink)

Marshall and colleagues (2024) contribute to the literature on autonomy and decision-making capacity by focusing on the case of individuals with opioid use disorder who refuse to remain in the hosp...

The idea that technologies can change moral beliefs and practices is an old one. But how, exactly, does this happen? This paper builds on an emerging field of inquiry by developing a synoptic taxonomy of the mechanisms of techno-moral change. It argues that technology affects moral beliefs and practices in three main domains: decisional (how we make morally loaded decisions), relational (how we relate to others) and perceptual (how we perceive situations). It argues that across these three domains there (...) are six primary mechanisms of techno-moral change: (i) adding options; (ii) changing decision-making costs; (iii) enabling new relationships; (iv) changing the burdens and expectations within relationships; (v) changing the balance of power in relationships; and (vi) changing perception (information, mental models and metaphors). The paper also discusses the layered, interactive and second-order effects of these mechanisms. (shrink)

In his article “Directed Duties and Inalienable Rights,” Hillel Steiner advances an argument to show that there cannot be inalienable rights. This “impossibility theorem,” as well as providing an interesting result by itself, could break the theoretical deadlock in the debate between proponents of interest theory, on the one hand, and proponents of will theory, on the other. In this article, I comment on Steiner’s argument, and I try to show why it does not work. I then expound (...) a paradoxical outcome of the Hohfeldian analytical framework and examine how it might be amended to avoid this outcome. (shrink)

I begin this paper by summarizing and critiquing the debate between two views: Moral Specificationism about rights and Moral Generalism about rights. I then show how the conceptual framework that Wesley Hohfeld uses to describe legal rights can also clarify the discussion of moral rights, in general, and of moral specification, in particular. Drawing upon Hohfeld’s framework, I argue for the Restricted Account of the moral specification of rights, which stakes out a middle-ground between the (...) view that all justified exceptions are built into the description of rights and the view that no exceptions are built in. According to the Restricted Account, if and only if the justification for an exception is the same as the justification for rights within the broader ethical theory, then the exception is specified in the right. The Restricted Account is compatible with a wide variety of theories of the function of rights. (shrink)

Part I: Consciousness and the metaphysics of experience. Orientations. What I believe. The privacy of experience. Final causes. The importance of subjectivity : an inaugural lecture. Is consciousness mysterious? Consciousness. The distinctiveness of American philosophy. The world of description and the world of acquaintance -- Part II: The metaphysics of time and the absolute. The unreality of time. Ideal immortality. Russell and Bradley on relations. The self and its world in Bradley and Husserl. Absolute idealism. Pantheism -- Part III: Ethics, (...) animal rights, and the environment. The greatest happiness principle. Is the esse of intrinsic value percipi? Pleasure, pain and value. Metaphysics, physicalism, and animal rights. Vivisection, morals, medicine : commentary from an antivivisectionist philosopher. Non-human rights : an idealist perspective. Are there intrinsic values in nature? An idealist's prayer for the world. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and (...) debate the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

The article argues that Kant’s argument for ownership entails a standard of meaningful use by which property regimes can be evaluated: a regime must make it possible for usable objects to be meaningfully used. A particular form of fully communal ownership can satisfy this standard. Further, this form of communal ownership is compatible with Kantian freedom more broadly. I conclude that, if this is so, there is a great deal of space for further consideration of the rightfulness of diverse regimes (...) of ownership and exchange within a Kantian framework. (shrink)

Where does consciousness come from? For most scientists and laypeople, it is axiomatic that something in the substance of the brain - neurons, synapses and grey matter in just the right combination - create perception, self-awareness, and intentionality. Yet despite decades of neurological research, that ""something"" - the mechanism by which this process is said to occur - has remained frustratingly elusive. This is no accident, as the authors of this book argue, given that the evidence increasingly points to a (...) startling fact: consciousness may not, in fact, reside in the brain at all. In this wide-ranging and deeply scientific book, Imants Baruss and Julia Mossbridge utilise findings from special relativity and quantum mechanics, modern and ancient philosophers, and paranormal psychology to build a rigorous, detailed investigation into the origins and nature of human consciousness. Along the way, they examine the scientific literature on concepts including mediumship, out-of-body and near-death experiences, telekinesis, ""apparent"" versus ""deep time,"" and mind-to-mind communication, and introduce eye-opening ideas about our shared reality. The result is a revelatory tour of the ""post-materialist"" world, and a roadmap for consciousness research in the twenty-first century. (shrink)

The authors of Habits of the Heart charge that America is losing the institutions that help “to create the kind of person who could sustain a connection to a wider political community and thus ultimately support the maintenance of free institutions.” Bellah fears that “individualism may have grown cancerous – that it may be destroying those social integuments that Tocqueville saw as moderating its more destructive potentials, that it may be threatening the survival of freedom itself.” Proponents of the liberal (...) free market order should, I will argue, take seriously the concerns that motivate Bellah and company: citizens of a liberal regime cannot live by exchanges alone. Liberal constitutionalism depends upon a certain level and quality of citizen virtue. But while the need for virtue is often neglected by liberal theorists, it is far from clear that the actual workings of liberal institutions have drastically undermined virtue in the way Bellah's dire account suggests. That analysis serves, moreover, as the springboard for a radically transformist argument that seeks, not so much to elevate and shape, but to transcend and deny, the self-interestedness that the free market exercises. Having argued against Bellah's analysis and prescriptions, I shall attempt to show how the phenomena he describes are open to an interpretation that is happier from the point of view of a concern with virtue. I shall end by using Tocqueville to suggest that combining liberal capitalism with intermediate associations like voluntary groups and state and local government helps elevate and shape self-interest, promoting a citizenry capable of and insistent upon liberal self-government. (shrink)

Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on (...) some of Steiner’s inferences which are simply unjustified because they are based on misinterpretations of the logic of Hohfeld’s terminology. The problem for Vrousalis is that his critique takes for granted some of these flawed arguments. The critique is also misdirected to the extent that it assumes that the problems with Steiner’s theory affect Will Theory in general. (shrink)

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

Scientists have the ability to influence policy in important ways through how they present their results. Surprisingly, existing codes of scientific ethics have little to say about such choices. I propose that we can arrive at a set of ethical guidelines to govern scientists’ presentation of information to policymakers by looking to bioethics: roughly, just as a clinician should aim to promote informed decision-making by patients, a scientist should aim to promote informed decision-making by policymakers. Though this may sound like (...) a natural proposal, I show it offers guidance that conflicts with standard scientific practices. I conclude by considering one cost of the proposal: that it would prevent scientists from acting as advocates in a way that is currently common in certain fields. I accept that the proposal would restrict scientists’ political advocacy rights, but argue that the benefits of adopting it — promoting democratic governance — justify the restriction. (shrink)

I argue that the notion of human rights is a flawed notion of relatively recent historical origin, growing primarily out of Enlightenment concerns to separate human beings from their metaphysical and communal heritage. I critique liberal, secular individualism as an abstract perspective that fails to comprehend those fundamental family relations out of which genuine human life emerges and within which it must remain if it is to be perceptive, grounded, and concrete. Finally, I argue that the most important relations (...) humans sustain to each other are internal, not external to them and that the bonding found through empathy is more insightful in decision making than the analytic connections engendered through human reason. (shrink)

A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the primary bearers (...) of this duty, while all other able persons in appropriate circumstances have the associate duties to help biological parents discharge their duties. I also consider some policy implications of this right. (shrink)

S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing (...) a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights. (shrink)

Some years ago I received a phone call telling me that my mother, then in her eighties, had been found wandering the street outside her home. It was the first indication my wife and I had of Alzheimer's disease. We arrived to discover that my mother was incoherent, with the house in disorder, bills unpaid, and perishable food in the night table rather than the refrigerator. Having spent much of my career trying to improve the assessment of decisional capacity, in (...) part to avoid unnecessary deprivation of decision-making rights, I did not take lightly the step to have my mother declared incompetent. But it was necessary. This episode has been on my mind since I returned recently from a conference in Paris devoted to the United Nations Convention on the Rights of Persons with Disabilities. (shrink)

The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of (...) human rights. The chapter concludes with an overview of the chapters present in the volume. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions (...) Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed to (...) tensions between the geographical east and west of Europe. (shrink)

Recent work in Hobbes scholarship has raised again the subject of Hobbes's notion of liberty. In this paper, I examine Hobbes's use of the notion of liberty, particularly in his theory of rights. I argue that in describing the rights that individuals hold, Hobbes is employing "liberty" to cover more than the famously restrictive definition of the "absence of external impediments" and that this broader understanding of liberty should not be put down to simple inconsistency on Hobbes's part. (...) In the second part of the paper, I look at the Hohfeldian analysis of rights and at the tendency to see the notion of a claim as foundational for rights, which for some, is a legacy of that analysis. I argue that there are disadvantages to this and suggest that the notion of liberty may be a more useful one than that of a claim to ground our understanding of rights. (shrink)

The history of corporations in the United States (U.S.) is much older than the country, as it must be understood in the context of the history of peoples of Europe who eventually dominated the North American continent in the seventeenth and eighteenth centuries. These European settlers came, in part, to achieve economic prosperity for themselves and, in many cases, for early forerunners of the modern corporation. These business organizations had predecessors in Europe millennia earlier as ancient Romans had developed a (...) functional and successful form of corporation for the purpose of conducting commerce in the Roman Empire. In the decades that followed the founding of the U.S. in 1776, corporations evolved from rare, small, closely controlled business organizations with a multitude of restrictions to very large, very powerful modern institutions that enjoy many of the legal rights of humans. With this evolution came ethical issues, as (1) the ethical distance was altered between corporate decision-makers and those affected by those decisions, and (2) many of the legal rights of individual humans were extended, through litigation, to corporations. This article explains the historical development of the U.S. corporation and identifies 20 Critical Events in the Ethics of Corporation History (CEECH). An understanding of these historical events may facilitate comprehension of many of the current ethical issues associated with a legal organizational form that profoundly affects business and society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Commonwealth of Hope: Augustine’s Political Thought by Michael LAMBMichael J. S. BrunoLAMB, Michael. A Commonwealth of Hope: Augustine’s Political Thought. Princeton, N.J.: Princeton University Press, 2022. xiii + 431 pp. Cloth, $39.95In his comprehensive study of Augustinian hope, Michael Lamb seeks to provide a corrective to the common characterization, especially promoted in the last century, of Augustine as politically and socially pessimistic. Lamb asserts that Augustine’s work (...) leads us, rather, to a “realistic hope,” as he argues for a more “hopeful, this-worldly” reading of the Doctor of Grace. After tracing the path of contemporary Augustinian interpretation, Lamb begins an interdisciplinary study of Augustine’s understanding of hope, which he argues allows us to understand how Augustine “advocated and modeled engagement in public life,” as “bishop, theologian, and citizen.”In part 1, “The Virtue of Hope,” Lamb systematically discusses Augustine’s understanding of virtue, and the relationship within his theology of the theological virtues. In chapter 1, Lamb utilizes the Enchiridion to explore Augustine’s understanding of the objects and grounds of hope, as “the orientation of will” toward objects that “engage our desire and spark an affective movement for union with what we love.” In chapter 2, Lamb explores hope’s integral connection to love and integrally captures key concepts in Augustine’s thought, particularly the consequences of the Fall in human pride, the presence of the libido dominandi, and the often-discussed debate of uti-frui, noting that Augustine is fundamentally concerned with love being rightly ordered. In chapter 3, he responds to the criticism of Augustine’s hope as “otherworldly,” explaining how Augustine does not dismiss temporal goods but, rather, “chastens disordered desires for them.” Lamb also makes clear that Augustine “challenges the either/or dualism” that locates [End Page 154] eternal goods in a purely transcendent realm. In chapter 4, Lamb analyzes the grounds of faith and its objects, outlining Augustine’s treatment of faith’s relation to both authority and neighbor, who for Augustine must be included as an object of faith. In chapter 5, relying on Augustine’s Confessions, Lamb underscores the condemnation of Pelagianism while demonstrating that similar to love, we might hope in neighbors as “a way to hope in the invisible God.” He also examines the epistemological challenges presented by the vices of presumption and despair, noting how for Augustine “a deficient or disordered faith leads to disordered hope.”Part 2 of Lamb’s work turns to Augustine’s rhetoric and how Augustine’s pedagogical concerns undergird both his sermons and other works, especially the often-cited City of God. In chapter 6, Lamb notes the need within political interpretations of Augustine for a greater grasp of “his rhetorical and pedagogical purposes,” especially his moral teaching offered to a wide and diverse audience both in his preaching and letters. In chapter 7, Lamb turns to City of God, noting its aim as both instruction and encouragement, and confronts the limits of the binary view of optimism and pessimism as “anachronistic and conceptually confining.” Lamb, on the contrary, posits a “more capacious triad of presumption, hope, and despair” as capturing the true “posture” of Augustine’s City of God, especially book 22.In part 3, Lamb focuses on the place of political goods as objects of hope within Augustine’s thought. Chapter 8 focuses on the political implications of Augustine’s eschatology and ecclesiology and, through engagement with numerous interpreters, examines Augustine’s saeculum as “a passing age in which members of both cities—earthly and heavenly—share proximate goods and build a common life together.” In chapter 9, Augustine’s epistolary is examined in order to demonstrate that, while “fulfilling his duties and embodying active citizenship, [Augustine] did not make an idol of politics or see it as the ultimate source of salvation.” In chapter 10, Lamb proposes an alternative account to the “antipolitical, otherworldly exclusivist” Augustine, namely, an Augustine who both is slow to judge the virtue and vice of others and acknowledges “some form of genuine, if incomplete, virtue in those without faith.” In this chapter, Lamb’s nuances of Augustine’s understanding of “true virtue” are well grounded... (shrink)

Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual’s moral rights because, regardless of (...) whether bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values – a quality that by entitlement theorists’ own arguments renders persons morally significant and deserving of rights in the first place. (shrink)