Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. (...) Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Most codes of research ethics and the practice of Institutional Review Boards (IRBs) allow human subjects to withdraw from research at any time. Consent forms invariably make a statement to this effect. So understood, a subject's right to withdraw from research is inalienable; she cannot, through her consent, surrender this right. Recently critics have argued that in selected circumstances the right to withdraw from research is alienable; subjects have the moral authority, through their consent, to obligate themselves not to (...) withdraw. Two kinds of cases have been cited to support this. In one case, there will be great benefits lost if subjects are permitted to withdraw before the completion of the protocol. In the other case, there will be harm to third parties if subjects withdraw from the experiment. In this paper, I defend the inalienability of the right to withdraw from research. I argue, first, that securing the desired benefits and avoiding the feared harms can be achieved without allowing waiver. Second, I show that permitting waiver in these cases does not guarantee that the ends sought will be achieved. And third, I articulate positive reasons for conceiving subjects' right to withdraw from research as inalienable. (shrink)

From the time of Augustine to the late thirteenth century, leading Christian thinkers agreed that freedom requires the ability to make good choices, but not the ability to make bad ones. If freedom required the ability to sin, they reasoned, neither God nor the angels nor the blessed in heaven could be free. This essay examines the work of Peter Olivi, the first medieval philosopher known to reject the asymmetrical conception of freedom. Olivi argues that the ability to sin is (...) essential to creaturely freedom and remains even in heaven. While Anselm is the nominal target of Olivi’s arguments on this topic, they form part of a wider critique directed even more at Aquinas and his followers. Olivi faults them for misunderstanding the nature of the created will and for failing to provide a foundation for a particular kind of moral responsibility: personal merit. (shrink)

McConnell presents the unusual and distinctive argument that inalienable rights differ from other types of rights in that, rather than restraining the behaviour of others, inalienable rights seem to put limits on the possessors themselves, because even the possessor's consent does not justify others in encroaching on them. He offers a full account of what it means for a right to be inalienable, distinguishing them from other kinds of rights in the contexts of moral and political issues (...) in medicine and law: for example, the right to life, the right of conscience, and, in particular, the right of informed consent. McConnell's book is intended as a distinctive conception and persuasive defence of inalienable rights, which ties into current discussions of informed consent. It should appeal to applied ethicists and philosophers of law among others. (shrink)

The aims of this book are to “explain the concept of an inalienable right,” “show why it is morally justifiable to ascribe inalienability to some legal rights,” and “examine in more detail some selected rights”. Inalienability of rights is said to be particularly pertinent in bioethics since, for example, if the right to life is inalienable, it would seem that euthanasia and assisted suicide would be impermissible. I will limit my comments to McConnell’s discussions of the first two (...) aims and his discussions on euthanasia and assisted suicide. Given the highly contentious nature of the debate over euthanasia and assisted suicide, the possibility of illuminating that debate through a study of inalienable rights is quite attractive. (shrink)

This essay advances and defends two claims: (a) that rights cannot be inalienable and (b) that even if they could be, this would not be morally justifiable.

This book explains what inalienable rights are and how they restrict the behavior of their possessors. McConnell develops compelling arguments to support the inalienability of the right to life, the right of conscience, and a competent person's right not to have medical treatment administered without consent. Yet, surprisingly, he argues that the inalienability of the right to life does not entail that voluntary euthanasia or assisted suicide are wrong. This distinctive defense of inalienable rights will appeal to medical (...) ethicists and other applied ethicists, political theorists, and philosophers of law. (shrink)

Consent forms given to potential subjects in research protocols typically contain a sentence like this: “You have a right to withdraw from this study at any time without penalty.” If you have ever served on an institutional review board or a research ethics committee, you have no doubt read such a sentence often. Moreover, codes of ethics governing medical research endorse such a right. For example, paragraph 24 of the Declaration of Helsinki says, “The subject should be informed of the (...) right… to withdraw consent to participate at any time without reprisal.” Similarly, section C of the Belmont Report says that subjects must be informed that they have the right “to withdraw at any time from the research.” And in section 46.116 of the Common Rule, it says that one of the elements of informed consent must include a statement that “the subject may discontinue participation at any time without penalty or loss of benefit to which the subject is otherwise entitled.”. (shrink)

Recent criticism of inalienable-Rights doctrine is shown to be based upon the erroneous assumption that, In calling certain rights inalienable, Eighteenth-Century constitution-Writers implied that they are unconditional. S.M. Brown, Jr., D.G. Ritchie, And e.F. Carritt all reject the doctrine because the exercise or enjoyment of these rights can sometimes be justifiably denied. Provisions of bills of rights and other writings are cited to establish that their authors did not consider these rights unlimited. What they meant in declaring them (...) inalienable is that no man can voluntarily relinquish them. Consequently, The distinction frankena proposes is not needed to save traditional theory from the adverse verdict of its critics. (shrink)

The feminist literature against the commodification of embryos in human embryo research includes an argument to the effect that embryos are “intimately connected” to persons, or morally inalienable from them. We explore why embryos might be inalienable to persons and why feminists might find this view appealing. But, ultimately, as feminists, we reject this view because it is inconsistent with full respect for women's reproductive autonomy and with a feminist conception of persons as relational, embodied beings. Overall, feminists (...) should avoid claims about embryos’ being inalienable to persons in arguments for or against the commodification of human embryos. (shrink)

Drawing on the work of Giorgio Agamben, this article offers a philosophical interpretation of Hong Kong’s recent Umbrella Movement and the city’s political identity since its 1997 handover to China. With the constitutional principle of ‘one country, two systems’ it has held since 1997, Hong Kong has existed as an ‘inalienable alien’ part of China not dissimilar to that of Agamben’s political ontology of the homo sacer’s ‘inclusive exclusion’ in the polis. In addition to highlighting how Agamben’s politico-ontological notions (...) such as ‘exception’ and ‘inclusive exclusion’ can illuminate the events of the Umbrella Movement, this article focuses particularly on the figure of the student, which many have seen as the symbolic face of the protest campaign. Considering how the student may also be regarded as a figure of ‘exception’, this article argues that the ‘exceptional’ role of the student highlights the unique sociopolitical as well as pedagogical aspects of the Umbrella Movement. Finally, comparing Hong Kong’s 2014 protests to Agamben’s philosophical account of the 1989 Tiananmen protests, this article concludes by suggesting that the Umbrella Movement is not simply a one-off event but fundamentally a manifestation of Hong Kong’s continuing political existence since 1997. (shrink)

There is a particular moral theory in which human rights are conceived as indestructible rights. Using Dworkin’s words we could say this is a good way of taking rights seriously. However, we may also ask whether there is another way of taking rights as seriously as Dworkin says without being a supporter of that theory. From this point of view, perhaps human rights cannot be considered neither as absolute ; nor universally valid ; and not even inalienable. Can this (...) proposal be seen as another way of taking rights seriously? (shrink)

In this paper I argue, against the current consensus, that the right to withdraw from research is sometimes alienable. In other words, research subjects are sometimes morally permitted to waive their right to withdraw. The argument proceeds in three major steps. In the first step, I argue that rights typically should be presumed alienable, both because that is not illegitimately coercive and because the general paternalistic motivation for keeping them inalienable is untenable. In the second step of the argument, (...) I consider three special characteristics of the right to withdraw, first that its waiver might be exploitative, second that research involves intimate bodily access, and third that it is irreversible. I argue that none of these characteristics justify an inalienable right to withdraw. In the third step, I examine four considerations often taken to justify various other allegedly inalienable rights: concerns about treating yourself merely as a means as might be the case in suicide, concerns about revoking all your future freedoms in slavery contracts, the resolution of coordination problems, and public interest. I argue that the motivations involved in these four types of situations do not apply to the right to withdraw from research. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is (...) offered that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

In the present research paper an attempt has been made to unravel the mysterious connection feminine life and mother Earth. The tantra pattern of “eco-feminist consciousness” is the earliest and the most archaic in the Indian tradition. It is intrinsically tied up with land related activities. Land culture, material culture and body culture are 3 important dimensions of tantric life. The tantra model of Earth-Woman identity based on the fertility motif represents a materialist and maternalist world view. Epistemologically, pre-vedic people (...) sought the significance of knowledge, not in the realization of any illusory absolute but in the day today activities of life, like agriculture. Connected to this they had further fundamental insight that microcosm and macrocosm are identical – the truth revealed bymodern science today. Elements of tantric world view gradually found a place in Brahmanical world view. The later world view is not sympathetic to the cult of mother Goddess possibly because it leads to social supremacy of female. Tantric eco-feminism suggests a positive, radical change in our attitudes towards the feminine and nature. (shrink)

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

In the United Nations' Universal Declaration of Human Rights a quite large number of things are said to be ‘human rights’ and though in that Declaration the term ‘inalienable’ is not used to describe the rights in question it has been so used by commentators—at least with respect to some of the rights enumerated. I shall forgo asking the prior question as to whether any such thing as a human right exists and ask simply whether any such thing as (...) an inalienable right exists. My intention will be to show that it does not. (shrink)

The central purpose of the paper is to elucidate the inalienable rights thesis, I.E. That there is at least one inalienable right. Various senses of 'natural right' and 'inalienable' are analyzed so as to further clarify what is or could be the meaning and the truth of that thesis. A widespread confusion between the meaning of the terms 'inalienable natural right' and 'indefeasible natural right' is dispelled. It is concluded that present thinking about inalienable natural (...) rights does not reveal precisely why and in what sense there is such a right. A successful defense of the inalienable rights thesis is suggested. (shrink)

In the United Nations' Universal Declaration of Human Rights a quite large number of things are said to be ‘human rights’ and though in that Declaration the term ‘inalienable’ is not used to describe the rights in question it has been so used by commentators—at least with respect to some of the rights enumerated. I shall forgo asking the prior question as to whether any such thing as a human right exists and ask simply whether any such thing as (...) an inalienable right exists. My intention will be to show that it does not. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Declaration of Independence:Inalienable Rights, the Creator, and the Political OrderChristopher KaczorPierre Manent puts his finger on numerous problems that arise from an emphasis on human rights that is detached from any consideration of human nature, the Creator, or the traditions that inform human practice. In his book Natural Law and Human Rights: Towards a Recovery of Practical Wisdom, Manent writes: "Let us dwell a moment on the (...) proposition in which so much passion is invested today: man is the being who possesses rights. It resonates as our self-definition and our perspective on humanity, one that we take to have fortunately replaced other definitions and perspectives, such as that man is God's creature or that man is a political animal."1 Contemporary political discourse has arrived, so he thinks, at an impasse of contradiction, incoherence, and self-defeating beliefs.Manent finds a vital help for thinking through these issues in Thomas Aquinas,2 but perhaps also a useful resource is the work of Thomas Jefferson. In Natural Law and Human Rights, Manent cites the first article of the 1789 Declaration of the Rights of Man and of the Citizen: "Human beings are born and remain free and equal in rights."3 But Manent does not cite the Declaration of Independence drafted by Jefferson. The 1776 Declaration provides a way of addressing many of Manent's concerns about human rights, human nature, and equality because it combines an appeal to the Creator [End Page 249] with the establishment of rights grounded in human nature and defended by limited government. In order to approach some of the important political, religious, and philosophical questions raised in Natural Law and Human Rights, we can reconsider the famous "American proposition": "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." What exactly does this famous American proposition mean? Can it help us to address some of the concerns about incoherent political discourse that Manent highlights?We Hold These Truths to Be Self-EvidentWhat does "we hold these truths to be self-evident" mean? The interpretation of this phrase has generated no small amount of speculation.4 As Manent notes, appeals to self-evidence arise also today in disputes about same-sex marriage.5 Even if we cannot perfectly trace the remote or proximate historical origins of the phrase in 1776, we might still examine some possible meanings.For John Locke, a self-evident truth is akin to what later philosophers called an analytically true proposition.6 Such propositions are true in virtue of the agreement of the ideas that make up the proposition. "A bachelor is an unmarried man of marriageable age" is self-evidently true, since the idea of "bachelor" agrees with the idea "an unmarried man of marriageable age." It does not seem plausible that the self-evident truths of the Declaration of Independence were meant in this sense. The assertions of the Declaration are not true simply by agreement of ideas or by definition in a way that is obvious to anyone who is a native speaker.Thomas Reid suggests a different sense of self-evidence. On his view, [End Page 250] self-evidence does not mean obviousness to everyone, but rather clear to those with the requisite education and maturity: "Moral truths... are self-evident to every man whose understanding and moral faculty are ripe."7 If a person is conscious of no moral obligation whatsoever, then reasoning with such a person will not bring the person to understand his or her obligations. Just as mathematical calculations cannot begin without acceptance of basic axioms of mathematics, so too ethical reflection presupposes but does not establish its first principles. As Reid says, "the man who does not by the light of his own mind, perceive some things in conduct to be right, and others to be wrong, is as incapable of reasoning about morals as a blind man is about colours."8 Just as there are people who cannot see colors, so too there are people lacking the requisite moral... (shrink)

A copiously documented, scholarly, and detailed history of the elaboration of the concept of the inalienability of sovereignty and the uses to which it was put in the late Middle Ages, when national monarchies were first emerging.--R. G. S.

Some have argued that Locke's failure to condemn contemporary slavery is best viewed as a personal moral lapse which does not reflect on his political theory. I argue to the contrary.

Oceanic languages typically make a grammatical contrast between expres- sions of alienable and inalienable possession. Moreover, further distinctions are made in the alienable category but not in the inalienable category. The present research tests the hypothesis that there is a good motivation for such a development in the former case. As English does not have a grammaticalized distinction between alienable and inalienable possession, it provides a good testing ground. Three studies were conducted. In Study 1, participants were (...) asked to write down the first interpretation that came to mind for possessive phrases, some of which contained inherently relational possessums, while o thers contained possessums that are not inherently relational. Phrases with non-relational possessums elicited a broader range of interpretations and a lower consistency of a given interpretation across possessor modifiers than those with relational possessums. Study 2 demonstrated that users assign a default interpretation to a possessive phrase containing a relational possessum even when another reading is plausible. Study 3, a corpus-based analysis of possessive phrase use, showed that phrases with relational possessums have a narrower range of interpretations than those with other possessums. Taken together, the findings strongly suggest that grammatical distinctions between different types of alienable possession are motivated. (shrink)

This paper has two purposes. One is primarily (but not exclusively) conceptual and the other is normative. The first aim is to say what inalienable rights are. To explain this, inalienable rights are contrasted with the notions of forfeitable rights and absolute rights. A recent novel analysis of inalienable rights by Feinberg is explained and criticized. The first task is concluded by discussing what duties inalienable rights imply. The second aim is to see what moral principles, (...) if any, justify designating some rights as inalienable. The claim of Nozick and others that inalienable rights must be paternalistically grounded is examined and rejected. After a brief critical discussion of the Lockean and Hobbesean accounts of the basis of inalienable rights, it is argued that the harm principle can serve as an adequate ground for categorizing at least the right to life (and perhaps other rights) as inalienable. (shrink)