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

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. (...) Compensation, however, cannot remedy the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. (...) Compensation, however, cannot remedy the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. Thanks to Annette Dufner, Arnt Myrstad, Arthur Ripstein, Gopal Sreenivasan, James Sterba, Chloe Taylor, Sergio Tenenbaum, and Shelley Weinberg. Thanks also to Matt Zwolinski and Jonelle DePetro, who commented on earlier versions of the paper at the Central APA 2007 and at the 2006 Illinois Philosophical Association Conference (respectively). Finally, thanks to my graduate students at the University of Illinois at Urbana-Champaign for their active engagement with the ideas during a seminar on liberal theories of justice (fall 2007). (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has (...) three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

This essay sets down three directives for conscientiously objecting clinicians—physicians, particularly obstetrician/gynecologists, trained in NaProTechnology by the Pope Paul VI Institute and Creighton University School of Medicine and any medical professionals who share their natural law vision of reproductive health care—to protect their right to well-formed conscientious objection in reproductive medicine. Directive one: understand the nature of a well-formed conscience and its rightful exercise. Directive two: fulfill all reasonable American College of Obstetricians and Gynecologists’ requirements for conscientious refusal. (...) Directive three: execute a political strategy to protect health-care conscience rights. (shrink)

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...) but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. (shrink)

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to (...) the functioning and design of constitutional institutions, and explores constitutional dialogues from an international and transnational perspective. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 133 argument that the third dream contains an anticipation of the "Cogito, ergo sum," in that Descartes, towards the end of the dream, recognizes that he is dreaming. This monograph is rounded out with Sebba's reflections on some of the problems involved in writing the history of philosophy, including the need for the historian to be philosophic in a way which exceeds the need for a historian (...) of science to be an active scientist. Here Sebba expressed his debt to his friend and mentor, the intellectual historian Eric Voegelin. As an indication of his plans (sadly, never to be realized), Watson has also included some notes Sebba put together, in which he reacted especially to Richard Popkin's work on the history of scepticism. The Descartes student is grateful not only to Sebba for these studies, but also to Professors Watson and Popkin for the care they have taken to bring this work before the public via the Journal of the History of Philosophy Monograph Series. In the light of their generosity, it seems churlish to wish they had added an index and a bibliography of works referred to. DESMOND J. FITZGERALD University of San Francisco Andrzej Rapaczynski. Nature and Politics: Liberalism in the Philosophies of Hobbes, Locke, and Rousseau. Ithaca: Cornell University Press, 1987. Pp. xi + 3o2. $29.95. Ruth W. Grant.John Locke'sLiberalism. Chicago: University of Chicago Press, 1987. Pp. viii + 22o. $~4.95. Both Grant and Rapaczynski claim that their books clarify the place of Locke's political theory with respect to liberalism as a set of beliefs and social practices transmitted from one generation to the next over time, although each author premises this claim upon a different interpretive approach to Locke's political thought. Professor Rapaczynski maintains that a historical dimension is indispensable to an understanding of political theory (a), but since he offers no historical evidence, uncovers no new facts or information, and generally fails even to make use of available evidence produced by other historians, this pronouncement appears to be little more than a defensive piece of rhetoric divorced from his actual interpretive practice. Historical accuracy is an important element of interpretation, he writes, "but I have not felt bound by the strictures that would constrain a more narrowly historical work" (5), and he is "quite prepared," he insists, for the objection that his reading of Locke is anachronistic (15). Well might he be prepared for such a criticism, for his interpretation of Locke's thought is not only anachronistic, but replete with errors and unsubstantiated assertions. Apparently, for Rapaczynski, historical accuracy is a necessary ingredient of a "narrowly historical" work of scholarship or a "narrowly contextualist reading" of Locke's Two TreatisesofGovernment, but in order to grasp "the proper historical meaning of liberal doctrine" (5, 15-16) and Locke's place in the tradition of liberalism, interpretive leaps into the evidential void are required. Rapaczynski is right to focus upon the recovery of meanings from a text, for that is what interpreters do. Yet, meanings are neither arbitrarily created by the author (or ~34 JOURNAL OF THE HISTORY OF PHILOSOPHY 28:1 JANUARY I990 the interpreter) nor are they wholly contained "in" the text; rather, meanings are conventional, embedded in social practices, and are significandy affected by those factors which increase or decrease the causal efficacy of beliefs in relation to the execution of actions with which those beliefs are assumed to be associated. If, therefore, Rapaczynski interprets Locke's ideas as expressing a secular viewpoint, an indifferent attitude towards nature, an understanding of natural law premised upon a mechanistic model of natural science, and as the embodiment of an unqualified defense of capitalism (117-~5), the question arises, from what source are such meanings to be drawn? They are certainly not reflections of Locke's intentions or authorial meaning, nor are they expressions of the conventional meanings accepted by Restoration thinkers. They cannot even draw upon the general authority of "the political tradition to which Locke's readers have belonged," as Rapaczynski assumes (5), for that tradition includes Paine and Adam Smith, Bentham and Hegel, Defoe and John Stuart Mill, individuals for whom Locke's arguments carried... (shrink)

The case describes Shell’s evolution within the context of sensitive human rights issues related to oil exploration and exploitation in Nigeria. Given that much of the revenue from Nigerian oil resources was being “siphoned” off by corrupt state governors, the case focuses on issues relevant to government transparency and corruption. It describes Shell’s involvement in the Extractive Industries Transparency Initiative (EITI) and its collaboration with the Nigerian Government to instigate a more transparent reporting on oil revenues. However, since two senior (...) Shell executives involved in EITI and negotiations with the government are about to retire from the company, the prospect of briefing their successors on the complexity of the Nigerian situation brings a number of questions, that still remain to be answered, “to the table”. Learning objective: Participants learn about the invasive nature of corruption and its effect on human rights, but more specifically about the role of a multinational versus the role of the government when trying to deal with such issues. Participants will also learn a great deal about the complexity of sustainability issues for corporations, particularly human rights issues. There is also learning about the scope and limits of corporate responsibility, and the difficulties that all players face in tough market conditions and on a “non-level playing field”. Participants can develop new insights on ways of operating responsibly, creating valuable partnerships and interacting in a global, but socially responsible, context. (shrink)

The case describes Shell’s evolution within the context of sensitive human rights issues related to oil exploration and exploitation in Nigeria. Given that much of the revenue from Nigerian oil resources was being “siphoned” off by corrupt state governors, the case focuses on issues relevant to government transparency and corruption. It describes Shell’s involvement in the Extractive Industries Transparency Initiative (EITI) and its collaboration with the Nigerian Government to instigate a more transparent reporting on oil revenues. However, since two senior (...) Shell executives involved in EITI and negotiations with the government are about to retire from the company, the prospect of briefing their successors on the complexity of the Nigerian situation brings a number of questions, that still remain to be answered, “to the table”. Learning objective: Participants learn about the invasive nature of corruption and its effect on human rights, but more specifically about the role of a multinational versus the role of the government when trying to deal with such issues. Participants will also learn a great deal about the complexity of sustainability issues for corporations, particularly human rights issues. There is also learning about the scope and limits of corporate responsibility, and the difficulties that all players face in tough market conditions and on a “non-level playing field”. Participants can develop new insights on ways of operating responsibly, creating valuable partnerships and interacting in a global, but socially responsible, context. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop (...) a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

Hegel’s Philosophy of Right responds to two dichotomies. One is between the freedom of rational thought in its practical application and the givenness of natural impulses and desires. Against Kant Hegel argues that pure reason alone cannot determine the content of any maxim or principle of action. Thus Hegel must find a way in which the content of natural needs and impulses – the only source of content for maxims of action – can be transfigured into contents (...) of rationally self-given principles and maxims. Hegel also responds to the dichotomy between the individual agent and the social whole within which agents act. Hegel argues that this dichotomy is specious because human beings are fundamentally social practitioners and because neither social practices nor individual agents have priority over the other. There are no social practices without social practitioners and there are no social practitioners without social practices. Hegel’s response to this second dichotomy allows him to respond to the first one as well. The elaboration and specialization of natural needs and desires through exchange relations and the social division of labor transfigures the contents of those needs and desires into collectively self-given ends. The social practices producing this transfiguration and meeting these ends form the contents of implicit principles of right. These implicit principles are collectively self-given because they result from the social practices collectively developed to meet these needs. Only acts that are executed and accepted by an agent are free acts. This strong condition requires that an agent’s intentions correspond to the actual nature and consequences of his or her act. Since the aims, the principles, and the means of action are fundamentally social, these strong constraints entail that free action is possible only within a community which makes known its structure and the role of its members within it and their contribution to it, so that its members can act on the basis of that knowledge. Hegel’s theory of the state is a theory of a communal structure that makes such explicit, free action possible. In briefest compass, Hegel holds that laws are legitimate only insofar as they codify those practices that have been developed in order to achieve human freedom, and laws are obligatory only insofar as they are necessary for achieving human freedom. Hegel’s government is designed to codify and promulgate such laws. Hegel’s legislature is designed to make known to the citizens at large, through their corporate representatives, that laws have such a basis and how individual roles and actions fit within the community as a whole. (shrink)

This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and that human (...) beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline. (shrink)

Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural rights guide political and (...) legal reasoning about property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain. Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good. (shrink)

This article attempts to explain why Uruguayan judges have lagged behind judges in Chile and Argentina in the prosecution of the military for human rights violations committed during the dictatorship period in the 1970s and 1980s. By tracing judicial human rights activity in Uruguay from the transition to democratic rule in 1985 until the end of 2002, I argue that Uruguayan judges have been actively restricted by an aggressive anti-human rights policy expressed through a national amnesty law and explicit (...) class='Hi'>executive interference in judicial matters. Structural changes to the judiciary might have aided Uruguayan judges to overcome these barriers. Instead, failure to reform the judiciary has prolonged its conservative nature and made judges slow in responding to international legal development in the human rights field. (shrink)

SummaryThe paper examines David Armitage's claim that Locke makes an important contribution to international theory by exploring the place of international relations within the Two Treatises of Government. Armitage's suggestion is that the place of international theory in Locke's canonical works is under-explored. In particular, the paper examines the implication of Locke's account of the executive power of the law of nature which allows third parties to punish breaches of the law of nature wherever they occur. The corollary is (...) a general right of intervention under the law of nature. Such a right could create a chaotic individualistic cosmopolitanism and has led scholars such as John Rawls to claim that Locke has no international theory. In response to this problem the paper explores the way in which Locke's discussion of conquest, revolution and the right of peoples to determine the conditions of good government in chapters xvi to xix of the second Treatise contributes to a view of international relations that embodies a law of peoples. (shrink)

That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to (...) regard them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

Abstract: In response to Arroyo, I explain my position on the concept of “natural goodness” and how my use of that concept compares to that of Geach and Foot. An Aristotelian or functional notion of goodness provides the material for Kantian endorsement in a theory of value that avoids a metaphysical commitment to intrinsic values. In response to Cummiskey, I review reasons for thinking Kantianism and consequentialism incompatible, especially those objections to aggregation that arise from the notion of the (...) natural good previously described. In response to Moland, I explain why I think Hegelian worries about the supposed emptiness of the Kantian self do not apply to my account. And in response to both Moland and Bird-Pollan, I argue that, contrary to the view of some Hegelians, the intersubjective normativity of reason is not something developed through actual social relations; rather, it is something essential to an individual's relations with himself or herself. (shrink)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation (...) of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation (...) of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff.

The recent debate over the nature of rights has been dominated by two rival theories of rights. Proponents of the Will Theory of rights hold that individual freedom, autonomy, control, or sovereignty are somehow to be fundamental to the concept of a right, while proponents of the Interest Theory argue that rights rather protect people's welfare. Participants in this debate commonly assume the existence of a single ‘concept’ of which both theories provide competing descriptions. The aim of this article (...) is to show that both accounts are better understood as providing characterizations of different ‘kinds’ of rights. (shrink)

In his groundbreaking book, Marc Hauser puts forth a revolutionary new theory: that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

This paper argues that there is a conflict between two principles informing Locke’s political philosophy, namely his waste restriction and his strong voluntarism. Locke’s waste restriction is proposed as a necessary, enforceable restriction upon rightful private property holdings and it yields arguments to preserve and redistribute natural resources. Locke’s strong voluntarism is proposed as the liberal ideal of political obligations. It expresses Locke’s view that each individual has a natural political power, which can only be transferred to a (...) political body through the individual’s voluntary, actual consent. On this view, the legitimacy of a political power is dependent upon its subjects’ actual consent to its authority. After briefly outlining these two ideas informing Locke’s conception, I argue that we cannot maintain both at the same time. Therefore, contemporary Lockeans must either derive restrictions upon private property concerned with preserving natural resources from other aspects of Locke’s theory or they must accept weak voluntarism as the ideal of political obligations. I argue that both alternatives pose significant problems for the Lockean project. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

"John Locke is considered as one of the most important philosophers of the modern era. The Declaration of Independence and the United States Constitution were both highly influenced by Locke's philosophical ideas. Commonly known as the 'Father of Liberalism' Locke heavily influences contemporary libertarianism, with its emphasis on small government, the requirement of actual consent to that government, and a natural executive right to establish one's own sovereignty and enforce one'' own rights. The Lockean Mind provides a (...) comprehensive survey of his work, not only placing it in its historical context but also exploring its contemporary significance. Comprising almost sixty chapters by a superb team of international contributors, the volume is divided into twelve parts covering the full range of Locke's thought: Historical Background, Locke's Interlocutors, Locke's Epistemology, Locke's Philosophy of Mind, Locke on Philosophy of Language and Logic, Locke's Metaphysics, Locke's Natural Philosophy, Locke's Moral Philosophy, Locke on Education, Locke's Political Philosophy, Locke's Social Philosophy, Locke on Religion. This collection is essential reading for students and researchers working in political philosophy, philosophy of mind, libertarianism, British Empiricism, epistemology and political theory, as well as for those in related Humanities and Social Sciences disciplines with an interest in John Locke"--. (shrink)

This article aims to define natural human rights in the context of forming postmodern views on an individual today. Natural rights exist, regardless of whether they are enshrined somewhere or not: they are clear from the natural context and essence of human activity. The postmodern world is experiencing a crisis of fatigue from life, fatigue of culture, which for the global world has become a political and economic crisis of ineffectiveness of the policy of multi-culturalism and poly-culturalism (...) and the growing dangers and threats associated with it. Therefore, it is crucial to find out how natural human rights are realized in postmodern society. Importantly, the article analyzes the basic theoretical and methodical principles of creating the postmodern environment and its impact on people. It also defines the main concepts and categories of human rights in the context of evolution of postmodern society. To study the socio-cultural impact on personality development in the postmodern era, the article explores how legal culture is formed in the course of civilizational-evolutionary development of society. Research methods are as follows: analytical methods, descriptive and explanatory methods, synthesis and analysis. The obtained results prove that natural human rights manifest the evolution of cultural progress and prospects for further analysis of their socio-cultural effects on the development of postmodern society. (shrink)

Authors such as Francis Fukuyama, the President's Council on Bioethics, and George Annas have argued that biotechnological interventions that aim to promote genetic enhancement pose a threat to human nature. This paper clarifies what conclusions these critics seek to establish, and then shows that there is no plausible account of human nature that will meet the conditions necessary to support this position. Appeals to human nature cannot establish a prohibition against the pursuit of genetic enhancement.

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

Begins with a definition of rights and a discussion of the relation between rights and duties. The right to promise, and rights generated by promising are used as examples to show how rights and duties function. Rights are held to be grounded in interests, since their instrumental value derives from the intrinsic value of well‐being. Thus only those whose well‐being is intrinsically valuable have rights, and rights cannot be regarded as trumps but must be weighed against other valuable ends. (...) The view that rights should be grounded in respect for persons is discussed and rejected. (shrink)

The paper argues that the idea of prima facie rights implies insurmountable difficulties in connection with the function such rights are said to have in a scheme of justice. G vlastos's version of prima facie rights theories is scrutinized as typical and more advanced than others. The paper shows that natural rights are contextually absolute; they cannot (morally) be overruled in a context of normal political circumstances but may have to be disregarded whenever politics is impossible. Vlastos's insight is (...) preserved without sacrificing the integrity of a scheme of justice based on natural rights. (shrink)

The debate between the 'Will Theory' and the 'Interest Theory' of rights is actually a debate over stipulative definitions. I argue how this could have happened, and suggest how we might proceed building a theory of rights.

The paper seeks to explain rights by first uncovering their specific place in the moral realm. Accounts of rights as claims or entitlements are criticized for attempting to explain the moral concept of rights in terms that are primarily non-moral. Rights are then described as a form ofprescriptive presumption, that is, as requirements on deliberations that yield justifiable expectations of certain types of treatment. Similarities and differences between rights and moral rules or principles are examined to uncover the specific role (...) of rights in moral analysis. (shrink)

The paper seeks to explain rights by first uncovering their specific place in the moral realm. Accounts of rights as claims or entitlements are criticized for attempting to explain the moral concept of rights in terms that are primarily non-moral. Rights are then described as a form ofprescriptive presumption, that is, as requirements on deliberations that yield justifiable expectations of certain types of treatment. Similarities and differences between rights and moral rules or principles are examined to uncover the specific role (...) of rights in moral analysis. (shrink)