In this paper, I defend the view that within a rights-based ethical framework, the moral status of future generations is best understood as that of present rightsholders. I argue that in this way it can be justified that we have obligations towards future generations. This justification in turn is of great relevance for many issues in moral theory and applied ethics. In the first part of the paper, I argue that the fact that future persons will have (...) class='Hi'>rights in the future cannot fully account for present obligations. The missing link in this argument cannot be provided by approaches that infer those obligations mediately. In the second part of the paper, I argue that existing is not a necessary condition for being a rightsholder. First, our own future selves should be said to have rights even though they do not exist at present. Second, even at present, uncertainty challenges the relationship between rightsholders and obligation bearers: often enough, obligations depend on presuppositions or suspicions about other persons’ existence. In light of these cases, we should conceive of rightsholders as place holders, that is, sets of (actual) individuals whose existence or identity can be unknown or indetermined, with specific properties. Therefore, future generations can coherently be said to have rights now that correspond to our present obligations towards them. (shrink)

In an important recent article, "Contemporary Property Rights, Lockean Provisos, and the Interests of Future Generations, "Clark Wolf argues that sometimes the interests of future generations should take precedence over the claims of current property rights holders. Wolfs arguments concentrate on the genesis and nature of defensible property rights in various natural resources, and on the conditions under which morally unacceptable harm is caused to others. In this paper I explore two central sets of issues. First, (...) I investigate how the argument holds up when labor is involved in discovering, developing, or preparing natural resources for appropriation. I consider some persuasive reasons why one might think Wolfs arguments lose force in such cases. I also indicate how to accommodate these concerns without diminishing the force of Wolf s main arguments. Second, I show how either the examples Wolf uses do not support the conclusion he is pressing, or the argument has extremely far-reaching implications. I argue that either of these conclusions is problematic for Wolfs argument as thus far developed. (shrink)

It is widely recognised that we hold certain moral obligations to future generations. Robert Elliot argues that we can base these obligations on the rights of future people. I accept his argument that future people are moral agents who possess rights. However, I argue that the main question for political and moral philosophers is whether it is possible to find the balance between the obligations to, and the rights of, contemporaries, and the obligations to, and the (...) class='Hi'>rights of, future people. By analysing the notions of 'human rights' and 'welfare rights' of future people, I argue that this question can be tackled only in terms of welfare rights. But the latter make sense only in the context of community of provision. This implies that we must first examine the 'trans-generational' community that includes contemporaries and future generations. Thus a theory of justice between generations cannot be purely 'rights-based'. However, by describing the 'trans-generational community' I argue that it can serve as the moral grounds for our obligations to future generations. (shrink)

In this article, I investigate to what extent future generations that belong to language minorities are entitled to group rights that protect their linguistic identity. In particular, I assess whether these future generations are entitled to assistance rights, symbolic claims, self-government rights and exemptions from the law. To address this I outline three arguments supporting group rights for current generations and raise the question of whether these arguments, which are true for current generations, will also be (...) true for future generations. The answer defends the entitlement of future generations to group rights against two counterarguments. The first is that future generations have no interest in preserving their language and therefore there is no normative justification for group rights. The second is that there is a duty to eliminate group rights in order to avoid malign consequences of these rights for future generations. (shrink)

Exploring the peculiar nature of future generations and concluding that types of future people is the most promising object on which to project our concern for future generations the article poses two main questions: “Can future people have rights?” and, if so, “Do they in fact have any rights?” The article first explains why the non-existence of future people raises doubts whether future generations can have rights. Within the philosophical literature, the leading approach explaining how future (...) people can, nevertheless, have rights argues that they have rights as tokens of types of people. After presenting this account of the rights of future people and couching it in a jurisprudential context, this Article points out a possible deficiency in the approach’s metaphysical underpinnings. Assuming that future people can have rights the article goes on to explain that there is reason to doubt whether any such rights actually exist, which derive from the doubt whether future people will be harmed by most actions and choices in their prenatal past. According to what has come to be known as the “nonidentity argument,” actions and choices that are necessary parts of the causal chain leading up to the existence of a person cannot harm that person - had the act or choice not occurred that person would have never existed, and one is better off existing than not. Under the two prevalent theories of rights, the Will Theory and the Interest Theory, the nonidentity argument seemingly entails that future people have no rights. After exploring how this is the case, the conception of harm underlying the nonidentity argument is analyzed. Two types of interests future people may have in prenatal identity-determinative events (constitutive interests and threshold interests) are explored as possible sources of certain rights future people may have - the nonidentity argument notwithstanding. The article then elaborates and assesses the merits of these approaches. (shrink)

In Homo Deus, Yuval Noah Harari argues that technological advances of the twenty-first century will usher in a significant shift in how humans make important life decisions. Instead of turning to the Bible or the Quran, to the heart or to our therapists, parents, and mentors, people will turn to Big Data recommendation algorithms to make these choices for them. Much as we rely on Spotify to recommend music to us, we will soon rely on algorithms to decide our (...) careers, spouses, and commitments. Harari also predicts that next, the state will take away individuals’ rights to make their own choices about their lives. If Google knows where your children would flourish best in school, why should the state allow a fallible human parent to decide? Liberalism—which, as Harari uses this term, refers to a state of society in which human freedom to choose is respected and championed—will collapse. In this paper, I argue that Harari’s conception of the future implications of recommendation algorithms is deeply flawed, for two reasons. First, users will not rely on algorithms to make decisions for them because they have no reason to trust algorithms, which are developed by companies with their own incentives, such as profit. Second, for most of our life decisions, algorithms will not be able to be developed, because the factors relevant to the decisions we face are unique to our situation. I present an alternative depiction of the future: instead of relying on algorithms to make decisions for us, humans will use algorithms to enhance our decision-making by helping us consider the most relevant choices first and notice information we might not otherwise. Finally, I will also argue that even if computers could make many of our decisions for us, liberalism as a political system would emerge unscathed. (shrink)

Globalization theories posit organizational convergence, suggesting that Codes of Ethics will become commonplace and include greater consideration of global issues. This study explores the degree to which the Codes of Ethics of 157 corporations on the Global 500 and/or Fortune 500 lists include the "third generation" of corporate social responsibility. Unlike first generation ethics, which focus on the legal context of corporate behavior, and second generation ethics, which locate responsibility to groups directly associated with the corporation, (...) third generation ethics transcend both the profit motive and the immediate corporate environment. Third generation ethics are grounded in responsibilities to the larger interconnected environment. The results of the study suggest convergence, insofar as Codes of Ethics are becoming standard communication features of corporations across region and industrial sector but still manifest a primary concern with profits and those behaviors which are mandated by law. Only corporations headquartered in the European Union demonstrate a significant degree of global consciousness and reflexivity. However, there is some evidence that third generation ethics and thinking are becoming part of the corporate landscape. More then three quarters of the corporations made at least some reference to third generation ethics. (shrink)

The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and third-generation human rights, i. e. the rights that over the course of the first half of the 19 th century were not - with some exceptions - anchored in positive law. It takes form of sort of intellectual exercise in which, based on Tocqueville`s work, his potential stance towards chosen human rights is reconstructed. The paper briefly presents modern standards (...) referring to second- and third-generation human rights, and confronts these with legal provisions provided by the French constitutions during and prior to Tocqueville`s life. The following parts of the paper show general Tocqueville`s stance towards the concept of human rights and attempt to answer the question issued in the title of the article. (shrink)

In this article I argue that governments are justified in addressing the potential for human induced climate damages on the basis of future generations' rights to bodily integrity and personal property. First, although future generations' entitlements to property originate in our present entitlements, the principle of self-ownership requires us to take 'reasonable care' of the products of future labour. Second, while Parfit's non-identity problem has as yet no satisfactory solution, the present absence of an equilibrium between theory and (...) intuitions justifies a precautionary approach, i.e. treating climate damage as a wrongful harm. In addition, a supplementary consideration is described as arising from transcendental needs. (shrink)

The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy. This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other (...) new technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies. (shrink)

En el contexto de la pregunta por el destino de la Teoría Crítica, la discusión entre Axel Honneth y Jürgen Habermas sobre el cambio en el paradigma de la Filosofía Política y Social con la tesis "de la comunicación al reconocimiento" gira aquí en torno a una reconstrucción crítica de la filosofía de Immanuel Kant, un Kant ´moderado´ en un modelo ´explicativo´ o ´hermenéutico´, y así ´irrebasable´ del progreso moral, rompiendo su sistema, y un Kant ´destrascendentalizado´, apto para fundamentar la (...) necesidad de un diálogo entre la razón y la fe. ¿Por qué Kant y no Georg Hegel, central este último para los dos filósofos alemanes en su superación de las aporías de la primera generación de la Teoría Crítica? Pero ¿dónde queda Karl Marx, tan importante para los fundadores de la Escuela de Frankfurt? Y ¿no había exigido Habermas en 2009 con motivo del aniversario de su discípulo, que Honneth, después de su viaje de Marx a Hegel, hiciera el necesario regreso? De tal manera que en esta vuelta, Honneth trajera en su equipaje lo rescatado del Idealismo Alemán. Así la historia de la Teoría Crítica queda inconclusa. In the context of the question for the fate of the Critical Theory, the debate between Axel Honneth and Jürgen Habermas on the change in the paradigm of Social and Political Philosophy with the thesis "from communication to recognition" here revolves around a critical reconstruction of Immanuel Kant’s philosophy, a ‘moderated’ Kant in an ‘explanatory’ or ‘hermeneutic’ model, and so ‘unsurpassable’ moral progress, breaking his system, and a ‘distranscended’ Kant, suitable to substantiate the need for a dialogue between reason and faith. Why Kant and not Georg Hegel, the latter being central for the two German philosophers in their overcoming of the aporias of the first generation of the Critical Theory? But where it remains Karl Marx, so important to the founders of the Frankfurt School? And in 2009, on the occasion of the anniversary of his disciple, had not Habermas demanded that Honneth, after his journey from Marx to Hegel, made the necessary back? In such a way that in this return, Honneth brought the salvage of German Idealism in his luggage. This way the history of the Critical Theory remains incomplete. (shrink)

Executive summary In this discussion paper, it is shown that the current housing affordability crisis in Germany is a problem of intergenerational injustice since it affects young Germans disproportionately negatively. To address these injustices, the following policy measures are suggested. 1. Policies to assure affordable rents a. Rent controls : Well-designed rent controls help keep rentprice increases in re-lettings in check, while still allowing landlords to pass renovation costs on to their renters and to increase their rents by a small (...) percentage annually. This would especially benefit young individuals, since the young move more often than baby boomers and are therefore disproportionately negatively affected by price increases in re-lettings. b. Strengthening social housing : Local, state, and national governments must invest in the provision of social housing to provide below-market-priced housing for the most vulnerable households. This measure is especially important in large cities, where rents have risen steeply over the past decade, threatening to displace many poor households. 2. Measures to facilitate first-time homeownership for young Germans. Supporting young adults in becoming first-time homeowners is another important area in which public policy can help mitigate the negative effects of the housing crisis for young Germans. This can be achieved via: a. First-time home buyer programmes : First-time home buyer programmes support individuals who are buying their first home through grants or other financial stimuli, such as a first-time home buyer tax credit. Several countries, such as Australia or Canada, already have such programmes in place, helping young individuals to become homeowners. Such measures could also be adopted in Germany. b. Access to credit for first-time buyers : Young people often face credit constraints when buying their first home since they do not yet own a home they could use as collateral. Governmental programmes, such as the first-time homebuyers plan in Canada, can help young individuals to obtain resources for the down payment on a mortgage, thereby improving their chances to be able to obtain a mortgage at a reasonable interest rate. 3. Measures to increase housing supply. To address issues of housing affordability and intergenerational justice, public policy should aim to increase the housing stock. It should also provide for the needs of young generations, especially in urban areas. Concrete measures to achieve these goals include: a. Densification policies : Densification policies consist of relaxing zoning restrictions. This allows landowners to build more densely and taller, thereby increasing the overall housing supply. Relaxing zoning restrictions allows the housing supply to respond to an increased demand and can therefore prevent house prices from rising. Therefore, densification policies have become a widespread tool to address housing unaffordability and could be used more extensively in German cities. b. Using existing housing stock more efficiently : Another factor that hinders young people from finding adequate homes is that houses that could be occupied by a young family or multiple students are often occupied by an old couple or individual who continue living in the homes where they raised their children, even after the children have moved out. Online platforms, such as Tauschbörse, that connect young individuals currently living in a smaller property with older people currently living in a larger property can help in using the existing housing stock more efficiently. Since the current German housing crisis is a predominantly urban phenomenon, Germany’s large cities should be the primary focus of these policies. Yet, because of architectural and socio-economic differences between and within cities, there exists no one-sizefits-all solution. Nevertheless, the above measures can serve as a starting point for developing comprehensive measures to fight intergenerational injustice in the German housing market. (shrink)

Due to the significant and often careless human impact on the natural environment, there are serious problems facing the people of today and of future generations. To date, ethical, aesthetic, religious, and economic arguments for the conservation and protection of the natural environment have made relatively little headway. Another approach, one capable of garnering attention and motivating action, would be welcome. There is another approach, one that I will call a rights approach. Speaking generally, this approach is an attempt (...) to address environmental issues via the language and theory of legal and moral rights. Ultimately, it is our duties to our fellow humans that explain why we have duties regarding the natural environment. There are three main contenders among theories that can be called rights approaches to environmental issues. The first identifies the (alleged) human right to a healthful environment as the source of our obligations to conserve and protect nature. The second approach has it that our duties to nature arise from the rights of the constituents of nature themselves, its flora and fauna. The third approach to addressing environmental problems via rights is, I argue, the best path to environmental conservation and protection. This approach—which grounds duties toward nature on the human right to health—has the benefits of being a straightforward, uncontroversial, and simple approach to issues and problems that desperately need to be resolved. (shrink)

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights (...) distributed on its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly. (shrink)

Jane Grant's book explores the need to redefine the social compact in twenty-first century America. It proposes a new compact that would honor the expansion of civil, political, and social rights in America, and would integrate these rights within a new civic procedural ethos, clarifying our obligations to each other, future generations, other nations, and other species.

What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should (...) requirements of beneficence – requirements to benefit other people – be seen as generated by people’s rights to receiving aid? Secondly, what is the relationship between requirements of beneficence that apply to us collectively and requirements of beneficence that apply to each of us individually? According to Liam Murphy, our obligations to help distant strangers are fundamentally collective obligations, and any individual obligations we bear are consequently obligations to discharge our “fair share” of these collective obligations. I shall argue that, on the contrary, there are large-scale collective obligations of beneficence that derive from more fundamental individual obligations. My third issue concerns the moral significance of citizenship. What morally relevant difference is there between strangers who are compatriots and those who are not? (shrink)

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy (...) considerations. If we view rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion. (shrink)

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be (...) granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold (...) for when a risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (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)

This work reviews the progress of children's rights 25 years since the adoption of the UN Convention on the Rights of the Child. It studies the progress of that human rights instrument as part of an ongoing process. It examines how recent past, present and future generations will benefit or suffer as part of the process in which outcomes cannot be predicted. It does not project into the future. Its emphasis is on a review of the period (...) after 1989 and it comments on what has happened and offering guidance on how children's rights might progress. The book presents a realistic but not always critical review of two and a half decades of intensive activity in the field of children's rights worldwide. It includes both failures and examples of good practice and positive experiences. It offers a review of progress and lack of progress in child rights and welfare in the twelve countries used as case studies in its predecessor, The Next Generation. Finally, the volume considers the impact of current geopolitical and economic realities on children's rights in the early years of the twenty-first century. The book is a tribute to Judith Ennew and pays homage to all of the people who have contributed so much to children's rights over the years and wishes to encourage others to take up the cause. (shrink)

For political realists, legitimacy is a central requirement for the desirability of political institutions. Their detractors contend that it is either descriptive, and thus devoid of critical potential, or it relies on some moralist value that realists reject. We defend a functionalist reading of realist legitimacy: descriptive legitimacy, that is, the capacity of a political institution to generate beliefs in its right to rule as opposed to commanding through coercion alone, is desirable in virtue of its functional role. First, (...) descriptive legitimacy plays an evaluative role: Institutions can fail to convince citizens that they have a right to rule and can be ranked by how well they do so. Second, descriptive legitimacy plays a normative role, because if an institution fails to convince subjects of its right to rule, this gives them a reason not to comply with its directives, even if it satisfies philosophers’ standards for possessing such right. (shrink)

In their recent article, Brown et al analyse several ethical aspects around immunity passports and put forward some recommendations for implementing them. Although they offer a comprehensive perspective, they overlook two essential aspects. First, while the authors consider the possibility that immunological passports may appear to discriminate against those who do not possess them, the opposite viewpoint of immune people is underdeveloped. We argue that if a person has been tested positive for and recovered from COVID-19, becoming immune to (...) it, she cannot be considered a hazard to public health and, therefore, the curtailment of her fundamental rights is not legitimate. Second, they omit that vaccine distribution will create similar problems related to immunity-based licenses. Vaccine certificates will de facto generate a sort of immunity passport. In the next phases of the pandemic, different immunity statuses will be at stake, because the need to identify who can spread COVID-19 is unavoidable. If a person does not pose a threat to public health because she cannot spread the infection, then her right to freedom of movement should be respected, regardless of how she acquired that immunity. (shrink)

This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested (...) character. In addition to exploring some illustrative issues arising under each rubric, the article also emphasizes a number of more general themes. These include: the multiplicity of interacting levels on which ethical questions about RAIs arise, the need to recognise that RAIs potentially implicate the full gamut of human values (rather than exclusively or primarily some readily identifiable sub-set of ethical or legal principles), and the need for practically salient ethical reflection on RAIs to be informed by a realistic appreciation of their existing and foreseeable capacities. -/- . (shrink)

Do people who cause themselves to be ill (e.g. by smoking) forfeit some of their rights to healthcare? This paper examines one argument for the view that they do, the restoration argument. It goes as follows. Smokers need more health‐resources than non‐smokers. Given limited budgets, we must choose between treating everyone equally (according to need) or reducing smokers' entitlements. If we choose the former, non‐smokers will be harmed by others' smoking, because there will be less resources available for them (...) than if no‐one smoked. This is unfair: why should non‐smokers suffer because of others' unhealthy lifestyle choices? We should therefore choose the latter and reduce smokers' entitlements. This paper criticises the restoration argument on the following grounds. In order to avoid generating unpalatable conclusions elsewhere, it must be combined with a principle according to which activities which are sufficiently ‘socially valuable’ (e.g. parenting) are immune from restoration claims. This however means that what was supposed to be one of the argument's most attractive features, its compatibility with ‘liberal neutrality’ with respect to the value of different lifestyles, doesn't really exist. Hence, the restoration argument is nowhere near as attractive as it at first appears to be. (shrink)

When Professor Georges Gurvitch, the highly esteemed occupant of the chair of philosophy at the University of Strausbourg before World War ll and the author of a series of brilliant studies in the pluralist philosophy of law, referred to Pierre—Joseph Proudhon as the central figure in the development of modern social and judicial philosophy, the basis of his highly flattering judgment was the philosophy of law that serves as the basis of Proudhon’s mutualism, a socio-legal conceptualization that had not only (...) greatly infiuenced Gurvitch’s own thinking but which had exerted tremendous infiuence as well over the thought of such outstanding social theorists as Herzen, Tolstoi, and Kropotkinl To state, therefore, that Proudhon was not only the first to call himself an anarchist but also “the most important" anarchist thinker of the modern period} is to establish his right to be heard. We are not entitled to skip lightly over his conception of law and justice as past generations have done. After outlining Proudhon’s legal theory and his conception of natural right, this paper will attempt to demonstrate that Proudhon’s thinking on law is an outstanding contribution to modern political theory. It is not too much to say, in fact, that his philosophy of law and natural right stands as a highly suggestive antidote to the hopeless confusion in contemporary political theory, a confusion that stems not only from the cloudy conception of justice posited by the social contract theorists but from the defective conception of justice advanced by the advocates of state socialism as well. (shrink)

This volume is about the positive, ambivalent, null and negative effects in various historical periods by various religious denominations within Christianity, Islam and Hinduism on the attitudes towards human rights of the first, second and third generation.

The “right not to know” has generated significant discussion, especially regarding genetic information. In this paper, I argue that this purported right is better understood as a preference and that treating it as a substantive right has led to confusion. To support this claim, I present three critiques of the way the right not to know has been characterized. First, I demonstrate that the many conceptualizations of this right have hampered debate. Second, I show that the way autonomy is (...) conceptualized in this literature is also problematic. Third, I examine the notion of a right in more detail, to support my third critique: that the right to know and the right not to know genetic information are often erroneously treated as having equivalent status. On my understanding, the claim being made is better thought of as a preference, not a right, and a preference not to know certain information becomes only one of several considerations relevant to medical decision making. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I (...) shall spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an (...) individual faculty, and by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living. (shrink)

Ronald Reagan, in his inaugural address as the Governor of California on January 5th, 1967, poignantly stated the following on the fragility of freedom: -/- "Perhaps you and I have lived too long with this miracle to properly be appreciative. Freedom is a fragile thing and it’s never more than one generation away from extinction. It is not ours by way of inheritance; it must be fought for and defended constantly by each generation, for it comes only once (...) to a people. And those in world history who have known freedom and then lost it have never known it again." -/- These words ring as true today as they did when they were first uttered. And yet, over 55 years later, the majority of countries throughout the world and the majority of people living in them have been quick to relinquish their rights and freedoms under the pretext of “health safety.” Since March 2020, the world has been brought to its knees by what I would argue are unscientific and unethical mandates related to the COVID-19 crisis. These mandates have had a tremendously negative impact on the world economy and the lives of countless individuals. The ‘cure’ that has been offered. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if human rights are to (...) remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

Rather than attempt to adjudicate between these rivals in the “Asian values”/”Confucian values” debates, I wish to explore if Confucian values can contribute to the promotion of human rights. Instead of relying on prioritizing the communal over the individual which some defenders of ‘Asian values’ have done, which communal values are not that distinct from the more conservative Western communitarians’ emphasis, I inquire into the distinctive characteristics of Confucianism which can be used to justify the kind of human (...) class='Hi'>rights proclaimed by the Universal Declaration of Human Rights. More specifically, I reexamine the resources put forth by some Confucian commentators which are, in my view, relevant to someone’s being a rights bearer, such as, the role of the Confucian intellectual and the importance of education, and the potentiality for civic virtues in virtues like humaneness, acting with appropriateness, and ritual propriety. Examining these key philosophical concepts will enable us to get clear about Confucianism’s compatibility with pluralistic values and ascertain if the kind of liberalism, so frequently associated with the ills of Western individualism by Asian governments, is necessary for possessing human rights, especially the first generation civil and political rights. (shrink)

Within the framework of a new interdisciplinary scientific scientific field – epistemological urbanism – the authors develop the idea of the human right to their city and show the epistemological nature of this right, which is explained by the fact that it is conditioned by the processes of cognition and scientific communication. Three main provisions are substantiated. Firstly, the city is an intelligent system. “The right to your city” is a specific right to scientific and intellectual production and consumption. Such (...) a right is not realized in every locality designated as a city, but only where there are conditions for intellectual dynamics – where art, education and science are developing. Secondly, the intellectual system of the city has autonomy. Each city has its own intellectual resource. Realizing the right to their city, citizens are involved in the activity of the city's scientific and intellectual autonomy. In other words, a city where there are opportunities to realize the “right to the city” generates an autonomous scientific school or a set of scientific schools. Thirdly, cities how research centers form a scientific network. Not a scientific consortium with common ideas and goals, but a network based on the principles of proliferation. The authors insist on the decentralization of science not for the purpose of its enclavization, but for the purpose of developing the potential, multi-vector and intellectual self-realization of urban communities themselves. It is shown that the development of science as a whole can be ensured by the heterogeneity of science itself : integration and differentiation give rise to an integration scientific and communicative process. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...) society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, representation of future people is unnecessary. (...) The next part discusses theoretical proposals to represent future generations in existing institutions. An appendix provides an overview of past and present real-world experiments, including the Finnish Committee for the Future, the Israeli Knesset Commissioner for Future Generations (2001–2006) and the Hungarian Ombudsman for Future Generations. (shrink)

A universal issue of scholastic deliberation, human rights involves a sizeable international involvement in its global deliberation. This article discusses the two broad sets of theoretical perspectives that tend to dominate the empirical examination of both the issues of commitment and compliance: one based on rational actor assumptions and the other largely focused on socialization and the diffusion of norms. The article analyses the general substantive expectations of each of the theoretical perspectives and then discusses the evidence and insights (...) generated by the body of empirical analysis, firstly in regard to state commitment to human rights agreements and then in regard to compliance with these formal commitments. Finally, it discusses the limitations that have constrained this body of research and makes suggestions for future research. (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)

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time _before_ justice is the moment to put (...) evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it _was_. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect. (shrink)

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time _before_ justice is the moment to put (...) evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it _was_. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect. (shrink)

A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked populationWe live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of (...) human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist.Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one's body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future. (shrink)

This essay discusses human rights from the standpoint of five outlooks dominant in our time by imaging five stylist ideal-typical countries. First, three countries in which the principle of defending human rights is unknown: Utilitaria, Communitaria and Proletaria. Each rejects human rights for a distinct set of reasons: the first because they conflict with utilitarian calculation, the second because they abstract from correct ways of living, the third because they soften hearts and are superfluous in (...) a classless world. Accepting human rights means departing from each of these standpoints in a given respect. First, we restrain the pursuit of social advantage, however enlightened or benevolent that pursuit. Second, we accept and protect the abstraction or distance of persons from specific, concrete ways of life. Third, we hold that the conditions of human life will never surmount scarcity, conflict of interests, moral divergences and limited rationality to render human rights superfluous. Next, two further countries are imagined in which human rights might be said to be respected: Libertaria and Egalitaria. The first represents a context of market freedoms, property rights, equal opportunity and civil rights but generates basic inequalities of condition and the sanctification of self-interest. The second is committed to rendering civil rights of equal worth to all and maintaining decent minimum standards for all, while striving for growth and improvement. But is Egalitaria feasible and viable? The incentives needed for growth give rise to inequalities, and the ideal of equal individual treatment conflicts with the communitarian goal of treating cultural identities as equal. These difficulties lead some away from Egalitaria back to Libertaria or Communitaria, but the essay concludes by suggesting that there is an »egalitarian plateau« that should not be abandoned for any of the other four possibilities. (shrink)

Pierre Manent is one of France's leading political philosophers. This first English translation of his profound and strikingly original book La loi naturelle et les droits de l'homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims (...) to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty rightly understood. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and (especially) Christian notion of "liberty under law" and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the "state of nature," where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an "archic" understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics. (shrink)

In “Vindicating the Normativity of Rationality,” Nicholas Southwood proposes that rational requirements are best understood as demands of one’s “first-personal standpoint.” Southwood argues that this view can “explain the normativity or reason-giving force” of rationality by showing that they “are the kinds of thing that are, by their very nature, normative.” We argue that the proposal fails on three counts: First, we explain why demands of one’s first-personal standpoint cannot be both reason-giving and resemble requirements of rationality. (...) Second, the proposal runs headlong into the now familiar “bootstrapping” objection that helped illuminate the need to vindicate the normativity of rationality in the first place. Lastly, even if Southwood is right—the demands of rationality just are the demands or our first-personal standpoints—the explanation as to why our standpoints generate reasons will entail that we sometimes have no reason at all to be rational. (shrink)

In the last few decades, great progress has been made in both genetic and genomic research. The development of the Human Genome Project has increased our knowledge of the genetic basis of diseases and has given a tremendous momentum to the development of new technologies that make widespread genetic testing possible and has increased the availability of previously inaccessible genetic information. Two examples of this exponential evolution are the increasing implementation of next-generation sequencing technologies in the clinical context and (...) the expanding commercial offer of genetic tests directly-to-consumers.Firstly, the rapid development of next generation sequencing technologies has substantially reduced both the cost and the time required to sequence an entire human genome. These technologies are increasingly being used in the clinical setting with the goal of diagnosing conditions of presumed genetic origin that cannot be explained by targeted sequencing approaches. (shrink)

I set out to read the book of Joshua together with its most literal interpreters – those who enacted a version of the war for the Promised Land – and suggest that interpretations of the book are always bound up with current ideas about war and territorial rights. In particular, I analyze how David Ben-Gurion, the first Prime Minister of Israel, and his Bible study group parsed the book of Joshua and argue that their interpretations, like the book (...) of Joshua itself, represent projections of nationalist desire onto a varied, multifarious social setting. Joshua’s conquest and Israel’s founding narrative both involve military narratives generated in order to obscure the presence of non-nationals. In the next stage of the argument, I suggest that the story of the conquest itself attests to the very fluid social setting that it aims to overcome. Just as Ben-Gurion appealed to Joshua as precedent and the contemporary State of Israel looks to Ben-Gurion as a model, post-nationalists can locate a paradigm in the selfsame founding myths. (shrink)

This article offers a critical analysis of Blake’s ‘jurisdictional theory’ of the border control and, especially, its state-based methodology. It then draws on this analysis to discuss the merits of analysing global migration through the lens of ‘the right to exclude’. Blake’s theory demands serious attention in light of its promise to combine a normative account of exclusion with an uncontroversial descriptive account of the state. Despite its initial appeal, however, the theory is shown to face serious problems. First, (...) its central normative principle turns out to be able to yield an account of justified exclusion only at the cost of departing from the theory’s purported emphasis on the state. Second, and more importantly, its state-based methodology is shown to be unable to generate a convincing account of the legitimacy of border control, as opposed to the justice of exclusion. It is argued that this point is relevant for the analytical debate on immigration and borders more generally, in light of institutional phenomena that characterise the contemporary practice of border control. In this context, an excessive focus on the right to exclude can work to mask significant exercises of state power. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational (...) to such a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in a series (...) of political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)