Broadly speaking, two views of modernity are prevalent in contemporary debates. According to the first view, i.e. “modernization theory,” there is one single form of modernity, which is tantamount to liberal, capitalist modernity. The West has already and fully achieved modernity; non-Western societies have lagged behind and must simply catch up with the West. In contrast, according to the second view, “post-colonial theory,” there is no such thing as modernity. What the West erroneously calls “modernity” is nothing but a highly (...) parochial way of thought, and of economic and political organization, that developed by accident first in the West and then by the exercise of military violence or economic power was subsequently “universalized.” In this chapter, I argue that Hegel, read properly, provides a third conception of modernity, one which, contrary to the modernization theory, respects differences between societies, and yet, contrary to post-colonial theory, does not engage in dividing the human species into fundamentally different or incommensurate groups. I argue that Hegel’s theory of modernity must be sought at the conjunction of the Science of Logic (specifically the logic of the Concept) and the Philosophy of Right. I then elaborate on Hegel’s theory of modernity, thus construed. (shrink)

ABSTRACTWe trace Susan Moller Okin’s reception of Mary Wollstonecraft with respect to the relationship between religion and feminist liberalism, by way of manuscripts housed at Somerville College, Oxford and Harvard University. These unpublished documents – dated from 1967 to 1998 – include her Somerville advising file, with papers dated from 1967 to 1979; her 1970 Oxford B.Phil. thesis on the feminist political theory of Wollstonecraft, William Thompson, and J.S. Mill; her teaching notes on Wollstonecraft originating in 1978, for her course (...) ‘Gender and Political Theory’ held at Brandeis and Stanford in the 1980s and 1990s; and her correspondence with John Rawls, dated from 1985 to 1998. A consistently secular feminist liberal, Okin had a blind spot with regard to religion, which led her to misinterpret Wollstonecraft’s theology as contradictory to her consequentialist arguments for women’s rights. Wollstonecraft virtually disappeared from Okin’s published corpus, overshadowed by the secular utilitarian feminist liberal J.S. Mill. Wollstonecraft nevertheless remained a deep philosophical source for both the method and the principle behind Okin’s distinctive brand of feminist liberalism. Okin’s reception of Wollstonecraft suggests that the fissures caused by religious conflict in modern politics have not only generated multiple liberalisms, as Rawls argued, but also multiple feminist liberalisms. (shrink)

This paper explores concepts of multiple and nested identities and how these relate to citizenship and rights, and the implications of identities and rights for active citizenship education. Various theoretical conceptions of identity are analysed, and in particular ideas concerning multiple identities that are used contingently, and about identities that do not necessarily include feeling a strong affinity with others in the group. The argument then moves to the relationship between identity and citizenship, and particularly citizenship (...) and rights. Citizenship is treated non-legalistically, as one of the locations of belonging. The paper draws on three successive categorisations of citizenship rights: by T.H. Marshall in the 1950s, Karel Vasak in the late 1970s and John Urry in the 1990s, and is illustrated in part by the development of European citizenship in parallel to national identity. This is then linked to how contemporary citizenship education might use the exploration of contested rights as a way of developing practical enactive skills of citizenship. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement (...) constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Food security, health, decent livelihoods, gender equity, safe working conditions, cultural identity and participation in cultural life are basic human rights that can be achieved at least in part through the food system. But current trends in the US prevent full realization of these economic, social, and cultural rights (ESCR) for residents, farmers, and wageworkers in the food system. Supply chains that strive to meet the goals of social justice, economic equity, and environmental quality better than the dominant (...) globalized food value networks are gaining popularity in the US. However, achieving important human rights has become conflated with other goals of food system reform over the past decade, such as being “community-based,” local, and sustainable. This conflation confuses means, ends, and complementary goals; and it may lead activists trying to help communities to regain control of their food system choices into less productive strategies. This paper introduces a new concept, rights-based food systems (RBFS), and explores its connection with localization and sustainability. The core criteria of RBFS are democratic participation in food system choices affecting more than one sector; fair, transparent access by producers to all necessary resources for food production and marketing; multiple independent buyers; absence of human exploitation; absence of resource exploitation; and no impingement on the ability of people in other locales to meet this set of criteria. Localization and a community base can help achieve RBFS by facilitating food democracy and reducing environmental exploitation, primarily by lowering environmental costs due to long-distance transportation. Sustainability per se is an empty goal for food system reform, unless what will be sustained and for whom are specified. The RBFS concept helps to clarify what is worth sustaining and who is most susceptible to neglect in attempts to reform food systems. Localization can be a means toward sustainability if local food systems are also RBFS. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Multiple Personality and Moral ResponsibilityStephen E. Braude (bio)AbstractThe philosophical literature on multiple personality has focused primarily on problems about personal identity and psychological explanation. But multiple personality and other dissociative phenomena raise equally important and even more urgent questions about moral responsibility, in particular: In what respect(s) and to what extent should a multiple be held responsible for the actions of his/her alternate personalities? Cases (...) of dreaming help illustrate why attributions of responsibility in cases of dissociation do not turn on putative changes in identity, as some have supposed. Instead, it is argued that traditional criteria of rationality and behavioral control apply also to cases of dissociation. It is noted, however, that one can distinguish different kinds of responsibility in cases of dissociation, and that one is responsible for one’s dreams in a different sense from that in which one is responsible for actions one can control and evaluate. It is also argued that in cases of multiple personality it is important to distinguish control over switching of personalities from an alter’s control over its own behavior. Moreover, the author considers reasons for thinking that amnesia is less relevant to attributions of responsibility than many have supposed.Keywordsdissociation, dreaming, rationality, amnesiaIntroductionThe philosophical literature on MPD/DID 1 has focused primarily on problems about personhood, personal identity, and the nature of psychological explanation. Presumably, that is because multiples appear to be (or to harbor) more than one person or more than one distinct moral or prudential agent. But philosophers have had almost nothing to say about problems of responsibility in these cases—in particular, the question: In what respect(s) and to what extent should a multiple be held responsible for the actions of his/her alternate personalities (or alters)?Unlike questions about personhood and identity, this question is not simply an abstract matter that we may ponder at our leisure. Clinicians treating multiples must decide whether it is appropriate—or even just therapeutically beneficial—to hold their patients (or specific alters) responsible for behaviors which they seem unable to control or remember. Similarly, and with increasing frequency, our courts must decide whether a defendant claiming to be a multiple may be held guilty for the actions of one or more alters. In fact, the legal issues can be quite dramatic, and even bizarre. Consider: What sort of individual is standing trial? An alter or the multiple as a whole? Should courts accept the claim that the subject being questioned on the stand is not the same as the subject who committed the crime? If so, other questions come immediately to mind. For example, would it be appropriate for each alter of a criminal defendant to have separate legal council?Undoubtedly, some will have trouble taking that last question seriously. But no matter how [End Page 37] clear its solution may appear to one’s moral or legal intuitions, those intuitions are seldom as straightforward as they seem. Indeed, one cannot explain or defend them without taking a stand, at least provisionally, on a wide range of thorny philosophical problems. Moreover, the aforementioned questions are merely the tip of the iceberg, and our answers to them have implications extending beyond the courtroom. For example, with regard to forensic contexts Slovenko (1991) asks,Should a search or arrest warrant be issued for each personality? Must a Miranda warning be given to each personality of a suspect with MPD? May the other personalities exclude evidence on the ground that they were not properly read their rights at the time of the arrest? Would each one of the personalities have to waive his or her rights, or would one waiver be sufficient? Does the doctrine of double jeopardy bar the trial of a personality when another has been put to trial? Must each personality testifying at trial be sworn in and administered the oath?(22, 25)These questions have obvious analogues in clinical situations, and also in personal contexts, say, between friends or members of a family, one of whom is a multiple. For example, to what extent should a DID patient be held responsible for the sociopathic (or simply counter-therapeutic) behavior of... (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] fish propel their bodies under water in order to travel from one place to another, are they doing the same kind of thing that we do when we swim? If swimming is to be identified with exactly the kind of thing that we do when we swim, we should seriously consider the following question: Do fish swim? (...) Believe it or not, how you think about these questions is relevant to what you will make of this book’s central arguments against the multiple realization thesis in philosophy of mind. As Polger and Shapiro report, the conventional wisdom in philosophy of mind is that psychological kinds are multiply realized by different physical kinds; therefore, we shouldn’t expect to... (shrink)

Conflicts between labor unions and nongovernmental organizations often impede private labor regulatory attempts to protect worker rights at supplier factories. Based on a study of a failed private regulatory attempt for Swedish garment retailers, we contribute to existing research into union–NGO relations by demonstrating how conflict arises because unions and NGOs act upon different institutional logics. We also contribute to the institutional logics perspective by challenging the current emphasis on either coexistence or conflict among multiple logics, and showing (...) the heterogeneity in how multiple logics manifest on a local level, how this could shift over time, and suggesting an empirically derived typology of manifestations of multiple logics. (shrink)

Must a theory of quantum gravity have some truth to it if it can recover general relativity in some limit of the theory? This paper answers this question in the negative by indicating that general relativity is multiply realizable in quantum gravity. The argument is inspired by spacetime functionalism—multiple realizability being a central tenet of functionalism—and proceeds via three case studies: induced gravity, thermodynamic gravity, and entanglement gravity. In these, general relativity in the form of the Einstein field equations (...) can be recovered from elements that are either manifestly multiply realizable or at least of the generic nature that is suggestive of functions. If general relativity, as argued here, can inherit this multiple realizability, then a theory of quantum gravity can recover general relativity while being completely wrong about the posited microstructure. As a consequence, the recovery of general relativity cannot serve as the ultimate arbiter that decides which theory of quantum gravity that is worthy of pursuit, even though it is of course not irrelevant either qua quantum gravity. Thus, the recovery of general relativity in string theory, for instance, does not guarantee that the stringy account of the world is on the right track; despite sentiments to the contrary among string theorists. (shrink)

Open Dialogue is an approach to working with mental health problems that emphasises promoting dialogue between multiple perspectives within an individual person and between all the people present, including the therapists. Therapists’ own perspectives are often introduced during conversations called reflections, which present a potential source of different perspectives. Using conversation analysis we analysed 14 hours of video-recorded Open Dialogue sessions with a focus on therapists’ reflections. We noticed that therapists did not display explicit agreement with each other’s reflections. (...) This absence of explicit agreement was displayed through a variety of verbal and non-verbal forms. Eliding agreement facilitated deference to the epistemic authority of the client, assertion of epistemic rights from second position, emphasis of a positive perspective or to voice multiple perspectives. Therapists avoided consensus and thus presented multiple perspectives to the family while also attending to issues of contingency. The implications of epistemic primacy and asymmetry connected to sequential structures in talk pose a challenge to the generation of collaborative reflective dialogues. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether (...) punishment is the sole means for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

This book critically investigates the notion of democracy without demos by unravelling the link that modern history has established between the concepts of democracy and the sovereignty of the people. This task is imposed on us by globalization. The individualization of the subject of rights is the result of the destruction of regimes of special rights of ancient societies by the centralizing action of a territorial power. This individualization, because it implies equality, has created a new form of (...) political subjectivity that has been the driving force of the democratization of democracies during the 19th and 20th centuries. Democracy and subjective rights discusses how asserting itself as the only guarantor of rights, the modern state has also nationalized citizenship. However, the author argues, the legal and judicial monopoly of the nation-state is weakened today by the multiplication and heterogeneity of the powers on which the rights of individuals depend. This situation forces us to denationalize citizenship without sacrificing, however, the specific form of political subjectivity that the individualization of rights has made possible. (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In (...) particular, a full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

The analysis of a dispute can focus on either interests, rights, or power. Commentators often frame the conflict over conscience in clinical practice as a dispute between a patient’s right to legally available medical treatment and a clinician’s right to refuse to provide interventions the clinician finds morally objectionable. Multiple sources of unresolvable moral disagreement make resolution in these terms unlikely. One should instead focus on the parties’ interests and the different ways in which the health care delivery (...) system can accommodate them. In the specific case of pharmacists refusing to dispense emergency contraception, alternative systems such as advanced prescription, pharmacist provision, and over-the-counter sales may better reconcile the client’s interest in preventing unintended pregnancy and the pharmacist’s interest in not contravening his or her conscience. Within such an analysis, the ethicist’s role becomes identifying and clarifying the parties’ morally relevant interests. (shrink)

This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, (...) parties and parliamentary law-making, neglecting the vital role rights play in political struggle outside and against the official institutions of democratic citizenship. In contrast to the political constitutionalist stress on the patient and reciprocal negotiation of rights within formal electoral processes, this paper locates the political nature of rights in their conflictual logic as ‘claims’ in multiple spheres that function to mobilise oppos... (shrink)

Abstract:This paper explores multiple encounters between activist-survivors of Japanese military sexual slavery (“comfort women” or halmonis, meaning “elderly women” or “grannies” in Korean) and solidarity activists. I mainly focus on the stories of two foundational figures in the ongoing justice campaign for the survivors, both of whom faced that forceful military act (between 1932 and 1945) as teenage girls in colonized Korea, although in dramatically different ways: Yun Chung-ok, a leading scholar and activist who, having managed to escape the (...) fate of many other peers, first spoke out about Japanese military sexual slavery, and Kim Bok-dong, a survivor and human rights activist. This paper will address the multiple encounters and dialogues of memories to resituate subjects, which led to overcoming personal trauma and reaching out to others and continues to drive the redress movement. Drawing on oral history interviews, feminist ethnography, and various documented resources including survivors’ testimonies, which have been archived for around twenty years as part of my own scholar-activist work, I juxtapose these women’s lives to show how a community of responsibility has been formed to decolonize androcentric history. The women involved in the movement for the resolution of the Japanese military sexual slavery issue reinterpreted their experiences as having been formed by imperialism, colonialism, and patriarchy. While caring for and healing with one another, they suggested the possibility of a new subject formation. Through mutually constructed identities, activist-survivors broke away from social stigma and became agents who led transformation of a postcolonial society. (shrink)

This paper explores multiple encounters between activist-survivors of Japanese military sexual slavery and solidarity activists. I mainly focus on the stories of two foundational figures in the ongoing justice campaign for the survivors, both of whom faced that forceful military act as teenage girls in colonized Korea, although in dramatically different ways: Yun Chung-ok, a leading scholar and activist who, having managed to escape the fate of many other peers, first spoke out about Japanese military sexual slavery, and Kim (...) Bok-dong, a survivor and human rights activist. This paper will address the multiple encounters and dialogues of memories to resituate subjects, which led to overcoming personal trauma and reaching out to others and continues to drive the redress movement. Drawing on oral history interviews, feminist ethnography, and various documented resources including survivors’ testimonies, which have been archived for around twenty years as part of my own scholar-activist work, I juxtapose these women’s lives to show how a community of responsibility has been formed to decolonize androcentric history. The women involved in the movement for the resolution of the Japanese military sexual slavery issue reinterpreted their experiences as having been formed by imperialism, colonialism, and patriarchy. While caring for and healing with one another, they suggested the possibility of a new subject formation. Through mutually constructed identities, activist-survivors broke away from social stigma and became agents who led transformation of a postcolonial society. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ (...) on the actions of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

Recently, debate about the distribution of scarce organs for transplantation has focused on whether patients should have the right to place themselves on waiting lists at several transplant centers, thereby gaining an advantage over other potential recipients. This article explores the social and ethical issues raised by multiple listing, contrasting policies adopted at the national level with those implemented in New York State. It concludes by examining the implications of the debate for broader questions about entitlement and access to (...) health care. (shrink)

This article explores pupils’ responses to addressed questions in two third-year primary school classes, organized as plenary interaction and based on the next-speaker selection. In this context, unaddressed pupils often produce responses of various kinds spontaneously, showing that the next-speaker selection per se does not exclude unaddressed pupils from participating. Analysis of the design and position of these responses show their orderly nature as mainly depending on the following dimensions: the position of the address term in the question and who (...) has primary access to answers. Pupils’ responses display a high level of awareness of the next-speaker selection rule operating in this setting, and more globally, of the turn-taking system. This competence enables pupils to understand and navigate the other-selection rule, often gaining their right to speakership. In line with prior studies on multiparty interactions, the article shows that teachers’ questions pose multiple constraints on responses. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of what is best for an agent to do in light of the actual circumstances in which she acts and what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who may be (...) uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. (shrink)

In this paper I bring together self-defense theory and animal rights theory. The extension of self-defense theory to animals poses a serious problem for proponents of animal rights. If, in line with orthodox self-defense theory, a person is a legitimate target for third-party self-defensive violence if they are responsible for a morally unjustified harm without an acceptable excuse; and if, in line with animal rights theory, people that consume animal products are responsible for unjustified harm to animals, (...) then many millions, if not billions, of otherwise law abiding and decent people will be legitimate targets for third-party self-defense violence on behalf of animals. I call this problem: the multiple inappropriate targets problem for animal rights. (shrink)

Due to the lack of empirical measures of consumer rights in developing countries in particular, this research aimed to tackle this issue in the context of Jordan. The research adopted a triangulated methodology of initial inductive research work followed by a deductive research approach, implemented empirically. Data were collected from 660 consumers, using a mall intercept method. Multiple statistical techniques were employed for data analysis, using SPSS-23 and a structural equation model. Three key findings emerged from the current (...) research work. First, the results identified six fundamental consumer rights. These were: right to safety; right to be informed; right to be heard; right to choose; right to privacy; and right to redress. These rights were measured on 29 items, based on confirmatory factor analysis results. Second, the status of perceived consumer rights in the study area was not very satisfactory, reflecting a public discontent due to poor consumerism. Third, no significant differences were noticed in consumers’ perception regarding their rights due to their demographic factors. In view of the overall findings, the current authors made several recommendations to both marketing practitioners and public policy makers to improve the quality of consumer rights in the study area. The main contribution of the current research was the development and validation of a measuring scale of consumer rights based on 29 measuring items, structured in six categories. (shrink)

Does it count against a normative theory in political philosophy that it is in some important sense infeasible, that its prescriptions are unlikely to be complied with? Though a positive answer seems plausible, it has proved hard to defend against the claim that this is not how normative theories work - noncompliance shows a problem with the noncomplying agents, not with the normative theory. I think that this line of thought - this defense of Utopianism - wins the battle but (...) loses the war. It’s right about what does and what does not refute a normative theory. It’s wrong in misidentifying the problem. The right way to think about the feasibility worry is as essentially involving multiple agents, and how expected noncompliance by one agent may refute a normative claim addressed at another. Thus understood, feasibility problems may very well refute a theory in political philosophy. In this paper I develop this understanding of the feasibility worry, tie it to more general discussions in normative ethics, and in political philosophy. (shrink)

It is widely acknowledged that language rights are basic human rights. Given the critical role they play in society, multiple constitutions and statutes have been drafted and implemented to ensure...

Can human rights incorporate future people and their interests, considering all the risks and uncertainties by which these interests are surrounded? Given problems such as climate change, resource depletion and pollution, human rights cannot afford not to be able to do this if they are to remain relevant. On the other hand, taking future people on board may lead to (another) multiplication of human rights claims, and this is hardly good news either. Therefore, an adequate account of (...) how to incorporate the interests of future people into human rights is much needed. It should also tell us about the weight of protecting these interests compared with that of providing other human rights protections. This chapter aims to give the first outlines of such an account. I will call it sufficientarian, because it understands human rights as articulating a ‘threshold of enough’. (shrink)

Although justification and implementation of human rights are typically dealt with as separate issues, the lines between them become particularly opaque when dealing with contested rights claims, particularly those made by immigrant groups. The relevant lessons from Europe seem to indicate that in these sorts of cases, questions of justification can become embedded in deliberative practices that lead to their greater institutional entrenchment. The heterogeneity of deliberative practices out of diverse Member State administrative contexts can be turned into (...) an epistemic virtue when including additional perspectives that increase the likelihood of avoiding error and alleviating bias. With a focus on immigrant rights in the EU, I first give a stylized rendition of the shortcomings of three views—post-national rights theorists, liberal nationalists, and cosmopolitans. In contrast, experimentalists highlight the democratic potential of realizing rights on a pragmatic model of the Open Method of Coordination that better responds to regional problems not necessarily tied to a single site of sovereignty. Since immigrants in the EU are party to multiple overlapping political communities, the democratic justification of rights in contested cases can be directly tied to this novel institutional implementation, forging a modified social imaginary in the process for all affected actors. (shrink)

The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of (...) Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision—known as ‘domestic-plus’ services—the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas. (shrink)

The problem of methodological pluralism in psychology is addressed. The dominant paradigm, in which experimental methods are assigned top priority and quantification is preferred over qualitative methods, is no longer tenable in light of criticisms by philosophers of science and psychologists. The emergence of a panoply of alternative methods is reviewed and the problems of constructionism, eclecticism, and fragmentation are delineated. Solutions based on an indigenous epistemological foundation for psychology are sought in Continental philosophy. The commensurability of experimental, psychoanalytic, and (...) phenomenological psychologies is explored in an effort to secure unity among diverse methods. Educational requirements for a new kind of scientific research in the twenty-first century are discussed. 2012 APA, all rights reserved). (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity (...) of borders and jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

The Gathas, a corpus of seventeen poems in Old Avestan composed by the ancient Iranian poet-priest Zarathushtra (Zoroaster) ca. 1200 B.C.E., is the foundation document of Zoroastrian religion. Even though the dualistic axiology of the Gathas has been widely noted, it has proved very difficult to understand the meaning and genre of the corpus or the position of Zarathushtra’s ideas with regard to other religious philosophies. Relying on recent advances in translation and decryptions of Gathic poetry, I shall here develop (...) a philosophical interpretation of the Gathas, including, as shall be discussed here in detail, explication of the revelation he reports in the poem known as Yasna 30. I argue that, similarly to Marx, Henry, and Schutz, Zarathushtra connects social criticism with an original philosophy of (inter)subjectivity and existential reflection, placing his account in the context of a fully developed metaphysics which includes the human-divine sharing of mental properties. I show that in order to accommodate this complicated problematic, Zarathushtra uses the vehicle of multiple realities. Reflecting the spontaneity of life, the dynamics of various ontological modes in the text create a reference to subjectivity. A description of the dream in Yasna 30 is sufficiently within the limits of possibility for a dream experience, and thereby delivers three original phenomenological reductions. The reductions initiate a genetic account of the phenomenalization of invisible impulses which give rise to moral choices, and define the human-divine relationship. The opposing moral choices open into a reverse axiological intentionality in the sphere of intersubjectivity, and are said to plot life for the rightful and lifelessness for the wrongful. It can be concluded that Zarathushtra’s theism and views of the social world are “the first philosophy”, with a unique and original phenomenological ontology of intersubjectivity at its core. (shrink)

This response to Justice, Rights and Wrongs argues that Wolterstorff’s defence of rights attaching to human subjects withstands Oliver O’Donovan’s critique; that the concept of multiple rights is compatible with the affirmation of a larger moral order; that there is a problem with rights thought to be determined in advance of moral deliberation; that love should not only recognize rights (with Wolterstorff) but should react to their violation with retribution (against Wolterstorff); that a biblical (...) and theological case can be made for a Christian form of eudaimonism; and that Wolterstorff ’s attempt to ground human worth in the love of God rather than in some capacity or other does not work. (shrink)

ArgumentTemporal issues appear to be crucial to the relationship between life scientists and their field sites and to the making of science in the field. We elaborate on the notion of practices of time to describe the ways life scientists cope with multiple and potentially conflicting temporal aspects that influence how they become engaged and remain engaged in a field-site, such as pleasure, long-term security, scientific productivity, and timeliness. With this notion, we seek to bring enhanced visibility and coherence (...) to the extensive but rather scattered and limited treatments of temporal practices in field sciences that already exist. (shrink)

Comics comprise a hybrid art form descended from printmaking and mostly made using print technologies. But comics are an art form in their own right and do not belong to the art form of printmaking. We explore some features art comics and fine art prints do and do not have in common. Although most fine art prints and comics are multiple artworks, it is not obvious whether the multiple instances of comics and prints are artworks in their own (...) right. The comparison of comics and fine art prints provides a promising test for assessing how hybrid art forms develop more generally, and for assessing how they differ from closely related nonhybrid cousins. (shrink)

The field of left–right (LR) patterning—the study of molecular mechanisms that yield directed morphological asymmetries in otherwise symmetrical organisms—is in disarray. On one hand is the undeniably elegant hypothesis that rotary beating of inclined cilia is the primary symmetry‐breaking step: they create an asymmetric extracellular flow across the embryonic midline. On the other hand lurk many early symmetry‐breaking steps that, even in some vertebrates, precede the onset of ciliary flow. We highlight an intracellular model of LR patterning where gene expression (...) is initiated by physiological asymmetries that arise from subcellular asymmetries (e.g. motor‐protein function along oriented cytoskeletal tracks). A survey of symmetry breaking in eukaryotes ranging from protists to vertebrates suggests that intracellular cytoskeletal elements are ancient and primary LR cues. Evolutionarily, quirky effectors like ciliary motion were likely added later in vertebrates. In some species (like mice), developmentally earlier cues may have been abandoned entirely. Late‐developing asymmetries pose a challenge to the intracellular model, but early mid‐plane determination in many groups increases its plausibility. Multiple experimental tests are possible. BioEssays 29: 271–287, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Kant is often considered a key figure in a modern transition from social and political systems based on honour to those based on dignity, where “honour” is understood as a hierarchical measure of social value, and “dignity” is understood as the inherent and equal worth of every individual. The essay provides a richer account of Kant’s contribution to the “politics of equal dignity” by examining his understanding of dignity and honour, and the interaction between these concepts. The essay argues that (...) Kant appeals to multiple varieties of dignity and honour, that he does not reject honour in favour of dignity, and that he sees some versions of honour as conducive to respect for dignity. Furthermore, the complexity of Kant’s views on dignity and honour has implications for the theory and practice of human rights in the current day. (shrink)

Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The (...) phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology. (shrink)

This paper focuses on the current international refugee crisis and the ways in which it is leading to sharp symbolic and physical violence through the process of “othering.” Based on Hannah Arendt’s discussion of statelessness and the question of the right to have rights, and Giorgio Agamben’s discussion of Homo Sacer, as well as drawing on other key authors such as Judith Butler, we argue that conditions of extreme human vulnerability and dangers of totalitarianism are being radically worsened by (...) the ethnicized and racialized denial of the other, that is, of human rights. Rather than advocating an abstract cosmopolitanism, however, without strong purchase in contemporary social life, the paper concludes by noting the need to place oneself in a position of discomfort, in order to confront the tension between particularistic attachments and universalist aspirations, between the multiplicity of laws and the ideal of a rational order common to all polities, between belief in the unity of humankind and the healthy antagonisms and tensions generated by human diversity. (shrink)

This paper discusses why speech regulations are logically necessary for any account of a moral right to free speech. My argument for limiting the right to free speech (and more widely any right to freedom) will be grounded in compossibility. Rights to freedom, formally speaking, are claims by an agent that other people not interfere with them; a compossible set of rights is one where the domains of permissible actions–permitted by each claim (and its correlative duty) within the (...) set–do not contradict one another across claims. I will argue that in order for claims to be coherent, they cannot generate contradictory domains, and that for a claim to non-interference to not generate contradictory domains across multiple people with the same claim, the claim must be restricted. This account as it currently stands can at least generate conclusions on the permissibility of incitement. (shrink)

Domestic litigation has become a principal strategy for realizing international treaty obligations for the human right to health, providing causes of action for the public’s health and empowering individuals to raise human rights claims for HIV prevention, treatment, and care. In the past 15 years, advocates have laid the groundwork on which a rapidly expanding enforcement paradigm has arisen at the intersection of human rights litigation and HIV/AIDS policy. As this enforcement develops across multiple countries, human (...) class='Hi'>rights are translated from principle to practice in the global response to HIV/AIDS, transforming aspirational declarations into justiciable obligations and implementing human rights through national policies and programs. (shrink)

Domestic litigation has become a principal strategy for realizing international treaty obligations for the human right to health, providing causes of action for the public’s health and empowering individuals to raise human rights claims for HIV prevention, treatment, and care. In the past 15 years, advocates have laid the groundwork on which a rapidly expanding enforcement paradigm has arisen at the intersection of human rights litigation and HIV/AIDS policy. As this enforcement develops across multiple countries, human (...) class='Hi'>rights are translated from principle to practice in the global response to HIV/AIDS, transforming aspirational declarations into justiciable obligations and implementing human rights through national policies and programs. (shrink)

The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the occurrence (...) of definite speech-forms—the occurrence of the plural noun in the sense of "legal properties." The history of this development is currently held to begin with the twelfth-century canonists. Later significant thresholds may be found in the fourteenth, sixteenth, and eighteenth centuries. Wolterstorff's attempt to find the implicit recognition of rights in the Scriptures depends very heavily on what he takes to be implied rather than on what is stated, and at best can establish a pre- history of rights-language. (shrink)

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The Choice Theory (...) of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing. (shrink)

This paper provides a synopsis of the human rights enforcement in Bangladesh, which marks its 50 years in 2021 since its independence. After a theoretical background on how human rights are perceived as legal and political instruments, it critically discusses human rights provisions and explores the legal and institutional frameworks on human rights enforcement in Bangladesh—(re)construed in 50 years (1971–2021). Finally, it divulges the controversies in human rights enforcement and a roadmap to address them by (...) making some suggestions: multiple legislative, administrative, and judicial reforms are required to tackle human rights abuses to ensure punishment for the abusers and restitution for the victims. The paper concludes with the notion that the positive will of the relevant stakeholders (legislature, executive, and judiciary) is the key to upholding and protecting the human rights of Bangladeshi citizens. The significance of this paper lies in exploring the complexities associated with the laws and insular national politics, which often debars the enforcement of human rights and crucially compromises Bangladesh’s ability to empower its citizens. (shrink)

In his Lectures on the Principles of Political Obligation, T. H. Green characterizes a right as ‘a power claimed and recognized as contributory to a common good’ (LPPO §99). Scholars such as Rex Martin have noted that Green’s characterization of a right has multiple elements: it includes social recognition and the common good,1 as well as the idea of a power. More formally, it seems that Green wants to say that R is a right if and only if R (...) is (i) a power that is (ii) recognized by some others or by society as (iii) contributing to a common good. Much of the scholarship on Green has been devoted to explicating and defending this third feature, which grounds rights on Green’s core idea of a common good.2 In this chapter I shall stress claim (ii) —the recognition thesis —though we shall see that pursuing claim (ii) will enlighten us as to why Green links the recognition thesis to the common good claim, (iii). And claim (i), I shall argue, reinforces the plausibility of the recognition thesis. So.. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of (...) cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)