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)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her (...) objection (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

Theories of explanation need to account for a puzzling feature of our explanatory practices: the fact that we prefer explanations that are relatively abstract but only moderately so. Contra Franklin-Hall ([2016]), I argue that the interventionist account of explanation provides a natural and elegant explanation of this fact. By striking the right balance between specificity and generality, moderately abstract explanations optimally subserve what interventionists regard as the goal of explanation, namely identifying possible interventions that would have changed (...) the explanandum. (shrink)

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

In 1870 Jordan proved that the composition factors of two composition series of a group are the same. Almost 20 years later Hölder (1889) was able to extend this result by showing that the factor groups, which are quotient groups corresponding to the composition factors, are isomorphic. This result, nowadays called the Jordan-Hölder Theorem, is one of the fundamental theorems in the theory of groups. The fact that Jordan, who was working in the framework of substitution groups, was able to (...) prove only a part of this theorem is often used to emphasize the importance and even the necessity of the abstract conception of groups, which was employed by Hölder. However, as a little-known paper from 1873 reveals, Jordan had all the necessary ingredients to prove the Jordan-Hölder Theorem at his disposal (namely, composition series, quotient groups, and isomorphisms), and he also noted a connection between composition factors and corresponding quotient groups. Thus, I argue that the answer to the question posed in the title is “Yes.” It was not the lack of the abstract notion of groups which prevented Jordan from proving the Jordan-Hölder Theorem, but the fact that he did not ask the right research question that would have led him to this result. In addition, I suggest some reasons why this has been overlooked in the historiography of algebra, and I argue that, by hiding computational and cognitive complexities, abstraction has important pragmatic advantages. (shrink)

We study classes of right-angled Coxeter groups with respect to the strong submodel relation of a parabolic subgroup. We show that the class of all right-angled Coxeter groups is not smooth and establish some general combinatorial criteria for such classes to be abstract elementary classes (AECs), for them to be finitary, and for them to be tame. We further prove two combinatorial conditions ensuring the strong rigidity of a right-angled Coxeter group of arbitrary rank. The combination (...) of these results translates into a machinery to build concrete examples of AECs satisfying given model-theoretic properties. We exhibit the power of our method by constructing three concrete examples of finitary classes. We show that the first and third classes are nonhomogeneous and that the last two are tame, uncountably categorical, and axiomatizable by a single Lω1,ω-sentence. We also observe that the isomorphism relation of any countable complete first-order theory is κ-Borel reducible (in the sense of generalized descriptive set theory) to the isomorphism relation of the theory of right-angled Coxeter groups whose Coxeter graph is an infinite random graph. (shrink)

We agree that the default numerical representation is best accessed by probing automatic processing. The locus of this representation is apparently at the horizontal intraparietal sulcus (HIPS), the convergence zone of magnitude information. The parietal lobes are the right place to look for non-abstract representation of magnitude, yet the proof for that is still to be found.

Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as (...) it does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)

Abstract: In earlier work, I argued that individuals have a right to own firearms for personal defense, and that as a result, gun prohibition would be unjustified unless it at least produced benefits many times greater than its costs. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does (...) not violate the right of self-defense because it renders everyone overall safer. (4258 words). (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows (...) that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

Although Burke, Bentham, Hegel and Marx do not often agree, all criticized certain ethical theories, in particular theories of rights, for being too abstract. The complaint is still popular. It was common in Existentialist and in Wittgensteinian writing that stressed the importance of cases and examples rather than principles for the moral life; it has been prominent in recent Hegelian and Aristotelian flavoured writing, which stresses the importance of the virtues; it is reiterated in discussions that stress the distinctiveness (...) and particularity of moral vicissitudes and query the importance of ethical theory. Recent critics of abstraction are opposed not only to theories of rights, and the Kantian notions with which these are linked, but also to consequentialist ethical theories. The two ethical theories that are most influential in the English-speaking world now both stand accused of being too abstract. (shrink)

ABSTRACT This paper is concerned with the philosophical foundations of parental rights. Some commonly held accounts are rejected. The question of whether parental rights are property rights is examined. It is argued that there are useful analogies with property rights which help us to see that the ultimate justification of parental rights lies in the special value of parenthood in human life. It is further argued that the idea of generation is essential to our understanding of parenthood as having (...) special value and that parental rights properly belong, in the first instance, to natural parents. (shrink)

Abstract: The concepts of virtue and right action are closely connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This essay outlines a rival explanation, based (...) on the "higher-level" account of virtue defended in the author's Virtue, Vice, and Value . On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either's causing the other but on their being joint effects of a single common cause. (shrink)

. What is a logic? Which properties are preserved by maps between logics? What is the right notion for equivalence of logics? In order to give satisfactory answers we generalize and further develop the topological approach of [4] and present the foundations of a general theory of abstract logics which is based on the abstract concept of a theory. Each abstract logic determines a topology on the set of theories. We develop a theory of logic maps (...) and show in what way they induce (continuous, open) functions on the corresponding topological spaces. We also establish connections to well-known notions such as translations of logics and the satisfaction axiom of institutions [5]. Logic homomorphisms are maps that behave in some sense like continuous functions and preserve more topological structure than logic maps in general. We introduce the notion of a logic isomorphism as a (not necessarily bijective) function on the sets of formulas that induces a homeomorphism between the respective topological spaces and gives rise to an equivalence relation on abstract logics. Therefore, we propose logic isomorphisms as an adequate and precise notion for equivalence of logics. Finally, we compare this concept with another recent proposal presented in [2]. (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the power and (...) authority of employers and meaningful work for employees. These costs and benefits cannot be determined in advance because they are largely empirical, but there are still good reasons for expanding worker participation all-things-considered. First, I examine the parallel case for extending democratic rights to the workplace based on several similarities between politics and work organization. In addition, I consider the objections from voluntariness and efficiency. Although both objections raise interesting problems I believe that a properly formulated conception of democratic workplaces can answer them. In the final section, I sketch a minimal conception of these rights at the level of the firm that does not require a large-scale transformation of the market economy. (shrink)

ABSTRACT There is a growing acceptance of user rights models with regard to dependent populations such as nursing home residents, but classic theories of rights presuppose levels of human rationality and human agency often lacking in the case of highly dependent populations. While user rights models have strong advantages at a rhetorical level, the reduced capacity for dependent groups to assert their rights constitutes a significant structural limitation. Policies, practices and regulatory strategies developed on the assumption that very dependent (...) groups can indeed assert such rights thus proceed on a premise which is fatally flawed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Abstract General Ideas in Hume George S. Pappas Hume followed Berkeley in rejecting abstract general ideas; that is, both of these philosophers rejected the view that one could engage in the operation or activity ofabstraction — a kind ofmental separation ofentities that are inseparable in reality —as well as the view that the alleged products of such an activity — ideas which are intrinsically general — (...) really exist. What has not been clear to commentators on either of these two philosophers has been why they each were so opposed to abstraction and abstract general ideas. The provision of an answer to this question is the main thrust of this paper. The nature of the question should be clarified at the outset. I am notasking the psychological question, whatwere BerkeleyandHume's actual intentions when they were moved to reject abstraction and abstract general ideas. Though I regard this question as one of great interest and importance, I am presently aiming to answer a somewhat different one, viz., what role, what philosophical role, does the rejection of abstraction and abstract general ideas play in the philosophies ofBerkeley and Hume? The answer to this latter question is apt to have some bearing on the right way to answer the first question; but, for present purposes, it is important to keep the two questions distinct. The maincontentionofthe paperis thattherejectionofabstraction and abstract general ideas lies at the very heart of the philosophy of Berkeley, and that pretty much the same may be said for Hume. Berkeley's defense ofa kind ofidealism stands or falls with the success ofhis attack on abstract general ideas, and Hume's critique ofinfinite divisibility in matters pertaining to space and time, along with his destructive critique ofvarious metaphysical notions, crucially depends on the successful denial of abstract general ideas. I. Berkeleyan Idealism Berkeley's most extended treatment of abstract ideas comes in the introduction to the Principles ofHuman Knowledge, first published in 1710. However, since he does not take up the topic in any systematic way later in the same book, nor in the Three Dialogues Between Hylas and Phihnous (1713), it has seemed to many commentators that Berkeley's attack on abstract ideas is a local matter, one having only to do with issues concerning language use and a somewhat isolated criticism of Locke. That this is the wrong way to look at things is Volume XV Number 2 339 GEORGE S. PAPPAS perhaps best indicated by a couple of passages from the Principles. In section 5 ofthat work Berkeley says: If we thoroughly examine this tenet it will, perhaps, be found at bottom to depend on the doctrine of abstract ideas. For can there be a nicer strain of abstraction than to distinguish the existence of sensible objects from there being perceived, so as to conceive them existing unperceived? The tenet Berkeley is here referring to is to the effect that sensible objects such as trees and chairs exist independently ofperception. This allusion is made clear when we notice that in the immediately preceding passage Berkeley says: It is indeed an opinion strangely prevailing among men that houses, mountains, rivers, and in a word all sensible objects, have an existence, natural or real, distinct from their being perceived by the understanding. But, with how great an assurance and acquiescence soever this Principle may be entertained... whoever shall find in his heart to call it in question may... perceive it to involve a manifest contradiction. For, what are the aforementioned objects but the things we perceive by sense? and what do we perceive besides our own ideas or sensations? and is it not plainly repugnant that any one of these, or any combination of them, should exist unperceived? (Principles 4) The claim that sensible objects exist independently ofall perception is the very denial of Berkeley's esse is percipi thesis regarding such objects. For the latter thesis holds that each sensible object is such that it exists if and only if it is perceived. So, in the first-quoted passage from Principles 5, Berkeley is saying that the denial of esse is percipi 'depends on' the doctrine of abstract ideas. Surely, the esse is percipi thesis is part ofthe core ofBerkeley's... (shrink)

This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the (...) last part of the paper, I argue that full-fledged tolerance in the international order – that is tolerance-as-non-intervention and tolerance-as-respect – should be attached to (1) compliance with jus cogens norms and to; (2a) a political community recognizably organized as a community of inquiry that is; (2b) committed to the specification and incorporation or expression of the idea of human rights within its local legal system. (shrink)

ABSTRACT In recent issues of the Journal of Religious Ethics (2006, 2007), David Little has defended the contemporary regime of international human rights against what he thinks of as the relativizing influences of the genealogical “just‐so” story told by Jeffrey Stout in his Democracy and Tradition (2004). I argue that Stout is correct about just‐so stories, and that Little does not go far enough in his reclamation of liberalism against Stout's “new traditionalists.” The main weaknesses of Little's approach are (...) his insistence on the idea that human rights are to be thought of as natural rights, and that these in turn are to be thought of as self‐evident and self‐justifying. I argue that they are neither: they come to us via a Stoutian just‐so story, and that as part of a broader reclamation of liberalism, they can continue to serve as the basis for the kind of international liberal constitutionalism that Little advocates. (shrink)

The conception of property at the basis of Hegel’s conception of abstract right seems committed to a problematic form of “possessive individualism.” It seems to conceive of right as the expression of human mastery over nature and as based upon an irreducible opposition of person and nature, rightful will, and rightless thing. However, this chapter argues that Hegel starts with a form of possessive individualism only to show that it undermines itself. This is evident in the way (...) Hegel unfolds the nature of property as it applies to external things as well as in the way he explains our self-ownership of our own bodies and lives. Hegel develops the idea of property to a point where it reaches a critical limit and encounters the “true right” that life possesses against the “formal” and “abstract right” of property. Ultimately, Hegel’s account suggests that nature should precisely not be treated as a rightless object at our arbitrary disposal but acknowledged as the inorganic body of right. (shrink)

ABSTRACT Argument about Rights can be either purely formal or substantial—meant to affect conduct. These two functions, which need different kinds of support, often become confused. The source of much confusion is the idea that rights‐language is an all‐purpose ‘moral theory’ which is in competition with others such as Utilitarianism. Since these are not really rivals but complementary aspects of moral thinking—parts of it, both of which need to be used along with many others—attempts to establish one of them (...) as sole ruler are doomed to incoherence. The ambition to deploy an all‐purpose thought‐system is distinct from the moral motivation to change the world, and the two aims inevitably interfere with one another. Among these ‘moral theories’, however, the language of rights is specially ill‐suited for all‐purpose use. This becomes plain when philosophers, taking its adequacy for granted, conduct moral argument in terms of it alone, as if it were obviously appropriate, without background discussion. Rights‐language is of particularly limited use because it is simply the most competitive and litigious of such thought‐systems. Its win‐or‐lose formula allows no more scope for doing justice to defeated claims than a lawcourt does. For the serious conflicts of value that underlie large moral problems, this is disastrous. (shrink)

Abstract: Michael Walzer and David Miller defend the authority of democratic states to determine who will be allowed entry and membership. In support of this view they have claimed that the domestic solidarity necessary for social justice is threatened by the unregulated influx of outsiders. This empirical thesis proves to be false when applied to the United States, where heavy Latino and Latina immigration is more likely to increase civic solidarity than to diminish it. Seen in this light, the (...) positions of Jürgen Habermas and Carol Gould, giving human rights priority over democratic sovereignty in decisions about membership, cannot be criticized as utopian. Liberal philosophers can also defend open borders as a way to give oppressed peoples representation inside powerful countries where state decisions often threaten access to essential resources and basic freedoms in their home countries. (shrink)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals (...) and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

abstract In 2002 Diane Pretty went to the European Court of Human Rights to gain a ruling about assisted suicide. In the course of this she argued that the right to life implied a right to die. This paper will consider, from an ethical rather than a legal point of view, how the right to life might imply (or not) a right to die, and whether this includes either a right that others shall help (...) us die, or a right against non‐interference if others are willing to help us. It does this by comparing the right to life to conceptions of property rights. This is not because I think human life is property, but because some of our ways of talking and thinking about our control over our own lives seem to be similar to our thoughts about our control over our own property. The right to life has traditionally been taken as a negative right, that is a right that others not deprive us of life. Pretty's argument, however, seems to be moving towards a positive right, not just to remain alive, but to be enabled in doing what we want to with our lives, and thus disposing of them if we so choose. The comparison with property rights suggests that the right to die only applies if our lives are ours absolutely, and may itself be modified by the suggestion that suicide harms all of us by devaluing human life in general. (shrink)

ABSTRACT The principle of informed refusal poses a specific problem when it is invoked by a pregnant woman who, in spite of having accepted her pregnancy, refuses the diagnostic and/or therapeutic measures that would ensure the well‐being of her endangered fetus. Guidelines issued by professional bodies in the developed world are conflicting: either they allow autonomy and informed consent to be overruled to the benefit of the fetus, or they recommend the full respect of these principles. A number of (...) medical ethicists advocate the overruling of alleged irrational or unreasonable refusal for the benefit of the fetus. The present essay supports the view of fetal rights to health and to life based on the principle that an ‘accepted’ fetus is a ‘third person’. In developing countries, however, the implementation of the latter principle is likely to be in conflict with a ‘communitarian’ perception of the individual – in this case, the pregnant woman. Within the scope of the limitations to the right to autonomy of J.S. Mill's ‘harm principle’, the South African Patients’ Charter makes provision for informed refusal. The fact that, in practice, it is not implemented illustrates the well‐known difficulty of applying Western bioethical principles in real life in the developing world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Rights and Women's RightsAngela KnobelMainstream feminists insist, with a degree of unanimity that is sometimes surprising, that access to abortion is an essential precondition of female equality. That feminism, which is in other respects so flexible, inclusive, and uncategorizable, should be so unyielding with respect to this particular issue seems surprising to many. It is especially surprising to those who, while sympathetic to other feminist goals, also (...) oppose abortion.1 Why is access to abortion so important? Why must one's views about the equality of women stand or fall on one's views about the value of unborn human life? If feminism has to have a flagship issue, why must that issue be abortion? In this paper, I will propose that Pierre Manent's Natural Law and Human Rights offers a possible answer to this question. I will argue that, to the extent that mainstream feminism assumes the truth of what Manent calls the "philosophy of human rights," it cannot not advocate abortion access. Similarly, I will argue that pro-life feminist attempts to defend the contrary position—namely, that abortion is antithetical to feminism—invariably assume the natural law that the philosophy of human rights rejects. My argument, if correct, suggests the pivot point in discussions of abortion and feminism occurs much further back than many acknowledge: in our very understanding of ourselves and our place in the world.In what follows I will first briefly summarize Manent's account of what he calls the "philosophy of human rights." With this background in place, [End Page 275] I will consider the mainstream feminist claim that access to abortion is a necessary precondition of female equality. When "equality" is understood through the lens of the philosophy of human rights, I argue, the mainstream feminist insistence on access to abortion becomes coherent: a feminism that assumes the truth of the philosophy of human rights cannot not insist on access to abortion. The pro-life feminist reply that abortion harms and oppresses women, by contrast, is coherent only to the extent one assumes the framework of natural law.2Natural Law or Human Rights?To believe in natural law is to believe that nature itself sets the standard for human life. What the "law" commands is simply action necessary for the realization of the potential implicit in our nature. Under such a framework, Manent notes, "natural inclinations and natural differences, if they exist, constitute a kind of language of nature."3 The fact that human beings are naturally rational or naturally social, or that biological males are (typically) attracted to biological women, helps provide insight into nature's "law": "Natural law issued commands in the name of a teaching implicit in human nature, in a tendency of human nature to society and to knowledge, or in a natural difference among ages, sexes, and capacities, a tendency or difference that reason once made explicit and on the basis of which it founded its commandments and recommendations."4 Nature's laws can be and frequently are violated: cultures or individuals can choose to live up to nature's laws or not. For this reason, Manent says that, under the traditional framework of natural law, human beings are "free under the law."5 Natural law is something we freely choose to follow or freely choose to reject, but because it stems from our human nature, it does not cease to bind even those who reject it.The philosophy of human rights, by contrast, accepts the notion of freedom but rejects the notion of any overarching "law" against which our free choices are to be measured. While the philosophy of natural law is rooted in the language of nature, and thus sees human beings as free "under the law" of nature, the philosophy of human rights puts freedom prior to [End Page 276] law and recognizes law only as a means of preserving freedom.6 While the philosophy of natural law understands individual human beings in terms of their human nature, and thus in terms of their natural inclinations and natural differences, the philosophy of human rights rejects the language of "nature" in favor of an "impoverished common denominator," namely equality... (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

Libertarianism—and classical liberalism generally—entails (or presupposes) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that currently appear to be libertarian (self-ownership, property acquired by use of natural resources, property acquired by consensual exchange, etc.); the other list is all those that currently appear not to be libertarian (aggressively imposed slavery, property acquired by theft or fraud, property acquired by coerced transfers due to welfare claims, etc.). What determines into which list a (...) property-right is to be assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right somehow fits what liberty is in a more abstract sense than property. It greatly clarifies matters to have an explicit theory of this entailed conception of abstract liberty and how it relates to its practical application and to morality. (shrink)

§1. Introduction. After the pioneering work of Mostowski [29] and Lindström [23] it was Jon Barwise's papers [2] and [3] that brought abstract model theory and generalized quantifiers to the attention of logicians in the early seventies. These papers were greeted with enthusiasm at the prospect that model theory could be developed by introducing a multitude of extensions of first order logic, and by proving abstract results about relationships holding between properties of these logics. Examples of such properties (...) areκ-compactness.Any set of sentences of cardinality ≤ κ, every finite subset of which has a model, has itself a model.Löwenheim-Skolem Theorem down toκ.If a sentence of the logic has a model, it has a model of cardinality at most κ.Interpolation Property.If ϕ and ψ are sentences such that ⊨ ϕ → Ψ, then there is θ such that ⊨ ϕ → θ, ⊨ θ → Ψ and the vocabulary of θ is the intersection of the vocabularies of ϕ and Ψ.Lindstrom's famous theorem characterized first order logic as the maximal ℵ0-compact logic with Downward Löwenheim-Skolem Theorem down to ℵ0. With his new concept of absolute logics Barwise was able to get similar characterizations of infinitary languagesLκω. But hopes were quickly frustrated by difficulties arising left and right, and other areas of model theory came into focus, mainly stability theory. No new characterizations of logics comparable to the early characterization of first order logic given by Lindström and of infinitary logic by Barwise emerged. What was first called soft model theory turned out to be as hard as hard model theory. (shrink)

ABSTRACT Public health authorities sometimes have to make decisions about the use of preventive medical measures—e.g. vaccination programmes—which could, if realised, save millions of lives, but could also kill a certain (small) number of those subjected to the measures. According to a rough‐and‐ready utilitarian calculation, such measures should be taken, but there are also possible objections to this view. A liberal objection to the use of mandatory preventive measures which might harm human beings is that people have a (...) class='Hi'>right to decide for themselves whether or not they want to participate in the programme. A further objection is based on the claims that first, the authorities are directly killing those who die because of, say, vaccination programmes, and second, directly killing human beings is forbidden (since every human being has a right to live). The latter objection is discussed at length in the present paper. The validity of three doctrines, the doctrines of the double effect, of acts and omissions, and of killing and letting die, are considered with reference to the use of preventive measures, and found inapplicable. The objection is, however, refuted by comparing some hypothetical examples, and the initial utilitarian calculation is reinforced. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Right HeartIngrid GouldI remarked to a friend, “We haven’t spoken since my arrest!” Alarm and confusion clouded his face, given my half-century of squeaky-clean living. “Cardiac arrest,” I clarified. “The fire department rebooted me.”An electrophysiologist diagnosed Arrhythmogenic Right Ventricular Dysplasia, prescribed medication, and implanted a defibrillator. For the next three-and-a-half years, he helped me live with a disease I didn’t know existed until he told (...) me I had it.The disease progressed—an ironic, disease-centric term since its advancement was to my detriment— prompting my cardiologist to recommend seeing someone who specialized in heart failure. I resisted the very idea of heart failure, a terrible term for a struggling organ, but took her advice and scheduled an appointment.The new cardiologist urged transplant testing, a lengthy process. I agreed, figuring that by the time I needed a new heart in 15–20 years, they’d be rolling off 3D printers.To record occasional transplant musings and inchoate fears and perhaps, over time, untangle them, I began journaling. I chronicled my passage through the echocardiogram, heart catheterization, 31 tubes of bloodwork, interviews with different clinical specialties, a pulmonary function test in a machine reminiscent of Star Trek’s Transporter, and more. Testing had barely begun when my medication stopped working—a Halloween shock.I began a harsher medication, underwent an ablation, and spent six weeks in a wearable defibrillator, a vest with abundant wires, and a purse-sized battery pack that made me resemble a character in [End Page 123] the Jetsons. This attire did not bring holiday comfort or joy to the TSA1 when I flew to visit my sister. As my R-waves faded to a whisper, I swapped the vest for a second implanted defibrillator, substantially more sensitive than the first.In early 2018, we learned I had qualified for transplant listing, though I wished to get as much mileage as possible from the original engine. My cardiologist warned, “There is no Plan B—no machine, device, or medication for the long-term. You will need a transplant.” He explained that since most cardiac patients have left-heart problems, companies develop products for the left side of the heart. My problem was on the right—a tiny market. He also cautioned that a patient needs to be sick enough to warrant transplant and well enough to remain a candidate, survive the surgery, and recover.Although clinically I was ready, I was not personally ready. I felt too good to trade an excellent quality of life for the promised miserable post-transplant year. The cardiologist wisely asked if I wanted to speak with another patient. When I requested someone beyond the dreaded first year, he put me in touch with two women who had received new hearts a few years earlier and befriended each other. They soon became my invaluable mentors and cherished friends. I will never forget seeing them stride into our first meeting and thinking, “They are beautiful! They look totally normal!”By May, climbing four flights of stairs took as much effort as five used to take. Tests confirmed further deterioration and suggested I had 7–13 months of declining health before my heart would give out completely. We chose a date for hospital admission, and I started telling people outside my immediate family. Most were flabbergasted, believing heart transplants were the last hope of the desperately ill. I did not look moribund, though, apparently, I was.The eight months after my first transplant appointment let me prepare psychologically to bid farewell to my heart—the metaphor for kindness, love, and bravery in our culture—and to welcome a new organ from a generous person less medically fortunate than I.In the hospital, I met others awaiting their hearts. A sudden intimacy arises when mortal choices catapult people into a medical realm suggestive of science fiction. Add the emotional intensity that accompanies knowing your extended life comes courtesy of a person who breathes no more on this earth and you wonder how an organ recipient integrates sorrow and gratitude.Two weeks after I was hospitalized, my cardiologist informed me the wait was over... (shrink)

It has been argued that if non-human animals had rights we should be obliged to defend them against predators. I contend that this either does not follow, follows in the abstract but not in practice, or is not absurd. We should defend non-humans against large or unusual dangers, when we can, but should not claim so much authority as to regulate all the relationships of wild things. Some non-human animals are members of our society, and the rhetoric of 'the (...) land as a community' is an attempt, paralleling that of humanism, to create the moral ideal of Earth's Household. But wild animals should be considered as Nozick's 'independents' and have correspondingly fewer claims on our assistance than members of our society. They still have some claims, often strong ones. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Rights and the Ethics of Globalization by Daniel E. Lee and Elizabeth J. LeeGuenther "Gene" HaasHuman Rights and the Ethics of Globalization Daniel E. Lee and Elizabeth J. Lee Cambridge: Cambridge University Press, 2010. 264 pp. $27.99While there have been numerous books written on the nature of rights in a world of globalization, this book fills a gap by presenting a thoughtful and balanced discussion that (...) is firmly grounded in ethical theory yet takes into account the concerns of both nongovernmental organizations (NGOs) and the realities of the business world. The authors acknowledge that there can be naive troublemakers in NGOs and greedy people in business as well as socially concerned people in both groups.The book is divided into three parts. Part 1 deals with the philosophical foundations for addressing ethical issues in business within the context of globalization. Here the authors advocate for a limited, carefully defined notion of rights, properly noting that not everything of ethical significance falls under the notion of rights. The important distinction they make is between negative rights (the rights to life and freedom), which oblige us never to harm others, and positive rights (rights of entitlement, such as education, medical care, housing), which depend upon the various types of relationships, voluntary or involuntary, in which people find themselves. The former apply universally to neighbors near and far; the latter, because they are defined by relationships, apply primarily to neighbors near to us. With globalization distant neighbors often become near neighbors—for example, when a company builds a production facility in another country. In view of this, the authors argue that the Enlightenment’s individualistic understanding of rights is incomplete. A fuller version of rights (rooted in Aristotle) situates all humans in social communities where mutual charitable treatment is better suited to promoting human flourishing. With this in mind, the authors use the second form of Kant’s categorical imperative (“Always treat others as ends”) to map out some helpful practical guidelines for multinational corporations that are conducive to human well-being. Such guidelines seek to take into consideration all the constituencies that these organizations are called to serve—including shareholders, customers, employees, suppliers, and communities of location.In part 2 the authors draw on these philosophical foundations and practical guidelines to discuss ethical issues related to business practices in four different [End Page 198] countries: respect for human rights in China given the widespread practice of outsourcing; the condition of workers in Liberia where Firestone is the largest employer; free trade and fair trade issues related to coffee growers in Ethiopia; and the question of whether low-wage factories (maquiladoras) in Mexico exploit workers or provide economic opportunity for them. The authors provide a fair evaluation of each situation rooting their discussion in the nature of each respective business and the conditions over which it has direct control.Part 3 deals with the possibilities and challenges of dealing with multinational corporations that do not respect human rights. Although many argue for sanctions and treaty provisions, the authors argue that these approaches have their limitations. As an alternative, they recommend the Alien Tort Claims Act as the most promising means of enforcing human rights standards among American multinational corporations with overseas operations.This is an insightful and balanced book on human rights and social ethics precisely because it has a positive view of markets and is optimistic about achieving greater social responsibility in the business world. It will be helpful to all committed to promoting ethical business practices in a growing global economy—not only in the church and academy but also in the legal community and business world and in NGOs.Guenther HaasRedeemer University CollegeCopyright © 2013 Society of Christian Ethics... (shrink)

The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within (...) Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s _Philosophy of Right_ and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society. (shrink)

§1. Introduction. After the pioneering work of Mostowski [29] and Lindström [23] it was Jon Barwise's papers [2] and [3] that brought abstract model theory and generalized quantifiers to the attention of logicians in the early seventies. These papers were greeted with enthusiasm at the prospect that model theory could be developed by introducing a multitude of extensions of first order logic, and by proving abstract results about relationships holding between properties of these logics. Examples of such properties (...) areκ-compactness.Any set of sentences of cardinality ≤ κ, every finite subset of which has a model, has itself a model.Löwenheim-Skolem Theorem down toκ.If a sentence of the logic has a model, it has a model of cardinality at most κ.Interpolation Property.If ϕ and ψ are sentences such that ⊨ ϕ → Ψ, then there is θ such that ⊨ ϕ → θ, ⊨ θ → Ψ and the vocabulary of θ is the intersection of the vocabularies of ϕ and Ψ.Lindstrom's famous theorem characterized first order logic as the maximal ℵ0-compact logic with Downward Löwenheim-Skolem Theorem down to ℵ0. With his new concept of absolute logics Barwise was able to get similar characterizations of infinitary languagesLκω. But hopes were quickly frustrated by difficulties arising left and right, and other areas of model theory came into focus, mainly stability theory. No new characterizations of logics comparable to the early characterization of first order logic given by Lindström and of infinitary logic by Barwise emerged. What was first called soft model theory turned out to be as hard as hard model theory. (shrink)

ABSTRACT:Central to the United Nations Framework setting out the human rights responsibilities of corporations proposed by John Ruggie is the principle that corporations have a responsibility to respect human rights in their operations whether or not doing so is required by law and whether or not human rights laws are actively enforced. Ruggie proposes that corporations should respect this principle in their strategic management and day-to-day operations for reasons of corporate (enlightened) self-interest. This paper identifies this as a serious (...) weakness and argues that identifying the responsibility to respect human rights as an explicitly ethical obligation to be respected for that reason would provide a much stronger justificatory foundation for respecting the principle seen from a corporate perspective, given that corporations are accountable to their shareholders for their deployment of the firm’s financial resources. (shrink)

ABSTRACT L. J. MacFarlane has contended that the right to strike is a keystone of democratic society. The right to strike is a right to free expression, association, assembly and power. And the right to strike is dependent upon the right to employment. MacFarlane denies that the right to employment is a universal right. I argue that unless the right to work is indeed universal MacFarlane's main contention is false. Forced unemployment (...) is, amongst other things, the denial of full citizen status, for the range of liberties that constitutes the right to strike is essential to full participation in democracy. It is only when the traditional liberty‐rights of free expression and striking are seen as being based upon such recipient rights as rights to media space and time and upon the right to work, that they can play their proper democratic role. This conception of those rights is missing from the work of Rawls and Nozick as well as from MacFarlane. (shrink)

Abstraction principles and grounding can be combined in a natural way Modality: metaphysics, logic, and epistemology, Oxford University Press, Oxford, pp 109–136, 2010; Schwartzkopff in Grazer philosophische studien 82:353–373, 2011). However, some ground-theoretic abstraction principles entail that there are circles of partial ground :775–801, 2017). I call this problem auto-abstraction. In this paper I sketch a solution. Sections 1 and 2 are introductory. In Sect. 3 I start comparing different solutions to the problem. In Sect. 4 I contend that the (...) thesis that the right-hand side of an abstraction principle is prior to its left-hand side motivates an independence constraint, and that this constraint leads to predicative restrictions on the acceptable instances of ground-theoretic abstraction principles. In Sect. 5 I argue that auto-abstraction is acceptable unless the left-hand side is essentially grounded by the right-hand side. In Sect. 6 I highlight several parallelisms between auto-abstraction and the puzzles of ground. I finally compare my solution with the strategies listed in Sect. 3. (shrink)

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of (...) international relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

The notion of being-at-home-in-otherness is the distinctive way of thinking of freedom that Hegel develops in his social and political thought. When I am at one with myself in social and political structures they are not external powers to which I am subjected but are rather constitutive of my self-relation, that is my self-conception is mediated andexpandedthrough those objective structures. How successfully Hegel may achieve being-at-home-in-otherness with regard to these objective structures of right in thePhilosophy of Rightis arguable. What (...) is at issue in this paper is however to argue that there is a blind spot in the text with regard to nature. In Ethical Life the rational subject's passions and inclinations are brought into the subject such that she is ‘with herself’ in them; with regard to external nature no such reconciliation is achieved or even attempted. In Abstract Right external nature is effectively dominated by and subsumed into the will and it is never something in which one is with oneself. It remains outside the model of freedom that Hegel develops in thePhilosophy of Right. There is something troubling about this formulation, since it excludes nature from freedom, but also something accurate, as it reflects the unresolved attitude of moderns to the natural world. (shrink)

Abstract In his 2009 article "Right and Coercion," Marcus Willaschek argues that the Categorical Imperative and the Universal Principle of Right are conceptually independent of one another because (1) the concept of right and the authorization to use coercion are analytically connected in Kant's "Doctrine of Right", but (2) the authorization to coerce cannot be derived from the Categorical Imperative. Given that the principle of right just is a principle of authorized coercion, the fact (...) that the authorization to coerce cannot be derived from the Categorical Imperative implies that the Principle of Right cannot be derived from the Categorical Imperative. Against this claim, I first argue that a satisfactory deduction of the concept of right can be constructed out of the Categorical Imperative, the fact that we are embodied, and the fact that we act from motives other than duty. I then argue that the insufficiency of the Categorical Imperative, by itself, to generate the Principle of Right does not prevent us from interpreting the Principle of Right as a specification of the Categorical Imperative. I develop this point by means of an analogy with Kant's discussion of the moral law and the Categorical Imperative in the Groundwork. (shrink)