Barbarism was by no means unique to the past 100 years, Jonathan Glover tells us, but ''it is still right that much of 20th-century history has been a very unpleasant surprise.'' This was the century of Passchendaele, Dresden, Nanking, Nagasaki and Rwanda; of the Final Solution, the gulag, the Great Leap Forward, Year Zero and ethnic cleansing -- names that stand for killings in the six and seven figures and for suffering beyond comprehension. The technological progress that inspired the optimism (...) of the Victorians turned out also to multiply the effects of old-fashioned evil and criminal stupidity. (shrink)

This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral (...) consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour (...) market, and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

In this challenging book, Ted Benton takes recent debates about the moral status of animals as a basis for reviewing the discourse of “human rights.” Liberal-individualist views of human rights and advocates of animal rights tend to think of individuals, whether human or animals, in isolation from their social position. This makes them vulnerable to criticisms from the left which emphasize the importance of social relationships to individual well-being. Benton’s argument supports the important assumption, underpinning the cause (...) for human rights, that humans and other species of animal have much in common, both in the conditions for their well-being and their vulnerability to harm. Both liberal rights theory and its socialist critique fail adequately to theorize these aspects of human vulnerability. Nevertheless, it is argued that, enriched by feminist and ecological insights, a socialist view of rights has much to offer. Lucid and wide-ranging in its argument, Natural Relations enables the outline of an ecological socialist view of rights and justice to begin to take shape. (shrink)

Background:Adolescents’ health choices have been widely researched, but the ethical basis of these choices, namely their rights, duties, and responsibilities, have been disregarded and scale is required to measure these.Objective:To describe the development of a scale that measures adolescents’ rights, duties, and responsibilities in relation to health choices and document the preliminary scale testing.Research design:A multi-phase development method was used to construct the Health Rights Duties and Responsibilities ( HealthRDR) scale. The concepts and content were defined through (...) document analysis, a systematic literature review, and focus groups. The content validity and clarity of the items were evaluated by expert panel of 23 adolescents, school nurses, and researchers. We calculated the content validity index and the content validity ratio at on item and scale levels. Preliminary testing was conducted with 200 adolescents aged 15–16 years. Descriptive statistics, Cronbach’s alpha correlation, and statistics for the item-analysis were calculated.Ethical considerations:Ethical approval and permission were obtained according to national legislation and responsible research practice was followed. Informed consent was obtained from the participants and the parents were informed about the study.Findings:The Health Rights Duties and Responsibilities scale comprises of four sub-scales with 148 items: 15 on health choices, 36 on rights, 47 on duties, and 50 on responsibilities. The items had a 0.93 content validity index and a 0.85 content validity ratio. Cronbach’s alpha correlation coefficient was 0.99 for the total scale and the individual sub-scales scores were health choices (0.93), rights (0.97), responsibilities (0.99), and duties (0.98).Discussion:The findings are discussed in light of the ethical concepts and validity and reliability of the developed scale.Conclusion:The Health Rights Duties and Responsibilities scale defines and understands adolescents’ rights, duties, and responsibilities in relation to health choices and has good content validity. Further testing and refinement of the concepts are needed. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...) concerns over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

Although the patient’s right to decide what they want for themselves, which is encompassed in the notion of ‘patient-centred medicine’ and ‘informed consent’, is widely recognised and emphasised in Japan, there remain grave problems when it comes to respecting the wishes of the no-longer-competent when death is imminent. In general, it is believed that the concepts above do not include the right to refuse treatment when treatment withdrawal inevitably results in death, even when the patient previously expressed the wish to (...) exercise this right when competent. In this paper, I first explain the current social and legal situation in Japan, where the lack of legal clarity regarding the right to reject treatment tends to result in doctors adopting the interpretation of patients’ words that is least conducive to treatment withdrawal. I then argue that the right to refuse treatment should be taken seriously, even when the patient is no longer competent, or the treatment refusal will result in death. I suggest that the concept of relational autonomy might have some practical and valuable implications in a country where individual autonomy is considered incompatible with societal values. Finally, I answer possible objections to relational autonomy and address the widespread societal concern about sliding down the slippery slope from allowing the right to refuse treatment to the obligation to die. (shrink)

Several advocates of the lively field of “metaphysics of science” have recently argued that a naturalistic metaphysics should be based solely on current science, and that it should replace more traditional, intuition-based, forms of metaphysics. The aim of the present paper is to assess that claim by examining the relations between metaphysics of science and general metaphysics. We show that the current metaphysical battlefield is richer and more complex than a simple dichotomy between “metaphysics of science” and “traditional metaphysics”, and (...) that it should instead be understood as a three dimensional “box”, with one axis distinguishing “descriptive metaphysics” from “revisionary metaphysics”, a second axis distinguishing a priori from a posteriori metaphysics, and a third axis distinguishing “commonsense metaphysics”, “traditional metaphysics” and “metaphysics of science”. We use this three-dimensional figure to shed light on the project of current metaphysics of science, and to demonstrate that, in many instances, the target of that project is not defined with enough precision and clarity. (shrink)

After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role (...) of science in societies and its benefits and potential danger were discussed in various international fora, but hardly ever in a human rights context. Nowadays, within a world that is increasingly turning to science and technology for solutions to persistent socio-economic and development problems, the human dimension of science also receives increased attention, including the human right to enjoy the benefits of scientific progress and its applications. This contribution analyses the possible legal obligations of States in relation to the right to enjoy the benefits of scientific progress and its applications, in particular as regards health. (shrink)

New communitarianism is important even to those who care little about academic disputes. A greatly altered communitarian position lays the foundation for an international legal framework that is more comprehensive than the United Nations' Universal Declaration of Human Rights. It is more attentive to beliefs in the East, and enhances the ability of nations that adhere to different values to find common ground on policies ranging from humanitarian interventions to fighting terrorist groups. The article first examines criticisms leveled against (...) communitarianism and then highlights the ways a neo-communitarian approach has overcome these criticisms. The question of under what circumstances one nation may interfere in the internal affairs of another, especially to advance human rights, using means as different as cross cultural moral judgments to armed humanitarian interventions, serves as a litmus test for distinguishing the new from the old communitarian approach. (shrink)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A (...) relational account promises to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 2-33.

: This essay provides an analysis of the terms by which the question of extending civil marriage to same-sex couples has been posed, advanced, and resisted in Canada and the United States in the past few years. Denike draws on feminist theories of justice to evaluate the strategies and approaches of initiatives to reform the laws governing the state's recognition—and lack thereof—of personal relationships of dependency and care. She also examines the political opposition to such reforms and the challenges posed (...) for advancing human rights for gays and lesbians in the face of social and political prejudice against same-sex marriage. (shrink)

Although access to medicines is a vital feature of the right to the highest attainable standard of health (“right to health”), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding Principles on (...) Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health “lens,” the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they (...) are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the views (...) concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

In this article I draw on resources from the African philosophical tradition to construct a theory of human rights grounded on dignity that presents a challenge to the globally dominant, autonomy-based approach. Whereas the latter conceives of human rights violations as degradations of our rational nature, the former does so in terms of degradations of our relational nature, specifically, our capacity to be party to harmonious or friendly relationships. Although I have in the past presented the basics of (...) the Afro-relational approach, in this article I defend it from objections and also go on the offensive by arguing that understanding the human rights violations of torture and rape to be (roughly) behavior that treats innocent parties in an extremely discordant or unfriendly way is, if not more plausible than standard Kantian understandings, then at least a promising alternative to them. (shrink)

The general aim of this paper is to elucidate Kant's juridical understanding of the duty not to lie and to situate it within his account of ‘The right of a state’ and of ‘The right of nations’. The first section will introduce the distinction Kant draws between two senses in which a liar can be said to wrong another, namely, ‘materially’ and ‘formally’. The second section will be devoted to clarifying what Kant means by a ‘formal wrong’ (or a ‘wrong (...) in general’), by focusing on his use of this concept in the context of international relations. The third section will examine why a liar can be said to always do wrong ‘formally’. And the fourth section will show that what holds for individuals also holds for states in their mutual relationships: they are never to deceive one another, not even when innocent lives are at stake, because doing so would ‘subvert the right of human beings as such.'. (shrink)

Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This preoccupation has focused on ‘learning about the other’ in order to improve relations between plural ‘others’ and ‘us’ and reflects educational aims of national identity politics (...) in citizenship education. The article explores the learning of human rights through narratives in relations, drawing on Hannah Arendt and Sharon Todd. For this re-thinking of relations in learning human rights, the article argues that HRE needs to address both competing historical narratives on the drafting of the Universal Declaration on Human Rights (UDHR) as well as unique life narratives of learners. (shrink)

The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented—but not supplanted—by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. The relational turn. The implications for public health ethics of the new ‘ecological’ or ‘relational’ (...) interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care. (shrink)

Human rights have always been an acute ideological issue. The peaceful coexistence of states with different social systems does not imply any relaxation of ideological struggle; but this struggle has to be carried on within a definite framework, without slander or interference in the domestic affairs of other states. Otherwise, it will undermine international détente, which is incompatible with any spread of suspicion, mistrust, or hostility in relations among nations. Détente implies mutual respect for the sovereignty and the laws (...) and customs of states. (shrink)

Rights-based approaches (RBAs) are increasingly gaining favour among practitioners in the field of natural resource conservation and management. RBAs are a non-binding operational framework through which conservation actors can integrate human rights standards and principles into the design, planning, implementation, monitoring, and evaluation of projects and programmes. In addition to promoting the human rights of local populations, it is also argued that RBAs may hold benefits for conservation initiatives. This article draws on existing research on the social (...) psychology of procedural fairness to develop a relational account of how and whether RBAs may enhance levels of legitimacy and cooperation in conservation. This relational account stresses the importance of fair experiences for generating positive feelings of legitimacy and associated cooperative behaviour among individuals interacting with organisations or authorities. On the whole, this article suggests that if RBAs can ensure respect for the human rights of local populations, they have the potential to engender fair experiences and related positive institutional effects, thereby significantly strengthening the overall effectiveness of conservation initiatives. (shrink)

The Constitution of the World Health Organization affirms that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” The Universal Declaration of Human Rights lays the foundations for the international framework for the right to health. This human right is now codified in numerous national constitutions, as well as legally binding international human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights.Although medical (...) care and access to medicines are vital features of the right to health, almost two billion people lack access to essential medicines, leading to immense avoidable suffering. Improving access to essential medicines could save 10 million lives each year, four million of them in Africa and South-East Asia alone. Gross inequity is a shocking feature of the world pharmaceutical situation. (shrink)

The paper begins by defending the Hohfeldianaccount of rights (as equivalence relations) from thecharge that it cannot capture their specialsignificance, and thus cannot be used in a right-basedmoral theory. It goes on to argue that, because of amisunderstanding of this relational account, theconception of right-based morality that has emerged inrecent years has been variously flawed from theoutset. A particular form of explanatory priority waswrongly taken to be essential, and then eitherincoherently combined with equivalence, or taken to bea reason for (...) rejecting equivalence where right-basedthinking is concerned. In fact, this form of priorityis not sufficient for establishing a right-based moraltheory. It is also not necessary, since theHohfeldian analysis can be shown to be entirelyadequate to meeting the original aims of thoseproposing this approach to ethics. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they (...) are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

This chapter contains sections titled: Demands for Equality Demands for Recognition Demands for Self‐Determination Shifting the Grounds of Liberalism Notes.

The idea of right relation embodies mutuality and personal autonomy. Disagreement, anger, chaos, pain and helplessness are openly recognised within the community rather than suppressed in order to maintain what is held in common. Right relation has both personal and political benefits, and enables the promotion of love and justice in church and society. Sadly, right relation has often been far from the practice of church and, as a result, many Christian feminists have preferred to build right relation outside the (...) church based on ideas of sisterhood and friendship. This paper explores the possibilities for personal and political relationships both within and beyond the church. Since the practice of church is inevitably connected to our understanding of the divine, the paper will also explore how the divine can be part of right relation. (shrink)

This paper considers the prospects for a theory of intergenerational rights in light of certain ontologies of time. It is argued that the attempt to attribute rights to future persons or obligations to present persons towards future persons, faces serious difficulties if the existence of the future is denied. The difficulty of attributing rights to non-existent future persons is diagnosed as a particularly intractable version of the ‘problem of cross-temporal relations’ that plagues No-Futurist views like presentism. I (...) develop a version of the problem of cross-temporal relations regarding cross-temporal normative relations. I then consider and reject various solutions to the problem available to No-Futurists. The upshot of the discussion is that which ontology of time we choose sets constraints on the kinds of explanations we may offer for our future-directed obligations. (shrink)

This essay provides an analysis of the terms by which the question of extending civil marriage to same-sex couples has been posed, advanced, and resisted in Canada and the United States in the past few years. Denike draws on feminist theories of justice to evaluate the strategies and approaches of initiatives to reform the laws governing the state's recognition—and lack thereof—of personal relationships of dependency and care. She also examines the political opposition to such reforms and the challenges posed for (...) advancing human rights for gays and lesbians in the face of social and political prejudice against same-sex marriage. (shrink)

I argue that despite the various ways in which Fichte separates right from morality in his 1796/97 Foundations of Natural Right, he nevertheless suggests in the writings from the period of his professorship at the University of Jena that there is a reciprocal relation between them. This requires, however, reading the Foundations of Natural Right in the light of The System of Ethics, which was published in 1798, especially the account of the ethical duties deriving from a person's membership of (...) a profession that Fichte gives in this work. Although this approach allows us to attribute to Fichte a different conception of the state to the amoral one found in the Foundations of Natural Right, I argue that the separation of right from morality developed in this work remains valid and amounts to one of Fichte's main achievements, namely, his identification of the different dispositions that may characterize an individual's relation to the society in which he or she lives. This point is developed by comparing Fichte's amoral conception of the state to Hegel's account of civil society as the ‘state of necessity’. This does not involve an attempt to turn Fichte into Hegel but to show how the insights contained in Fichte's distinction between right and morality can be illuminated with reference to Hegel's theory of civil society and can be retained in the face of a powerful criticism that Hegel makes of the kind of contract theory of the state offered by Fichte. ☆ This article was written during a post-doctoral fellowship supported by the South African National Research Foundation. I would like to thank Lawrence Hamilton for his comments on an earlier version of the article. (shrink)

What moral and spiritual resources do churches have to open space for transforming and making new relations with and among Aboriginal communities? What values best express justice and are cross-culturally appropriate? Who decides on the terms and how? When are moral agency and responsibility aptly configured within unevenly structured relations of power? With special attention to the United Church of Canada and to voices of Aboriginal and non-Aboriginal women, I explore elements of an ethical framework in dialogue with the Royal (...) Commission on Aboriginal Peoples. The Commission suggests three roles that religious institutions can play: to foster awareness and understanding; to participate in public discussion; and to advocate at the local level in situations of conflict. On what grounds can each role be adequate in practice and what are some ingredients for ethical guidelines? I suggest what moral agenda and basis might confirm the claims of ecclesial potential. (shrink)

Genetic testing has familial implications. Counsellors find themselves in (moral) conflict between medical confidentiality (towards the patient) and a potential right or even duty to warn at-risk relatives. Legal regulations vary between countries. English literature about German law is scarce. We reviewed the literature of relevant legal cases, focussing on German law, according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines. This article aims to familiarise counsellors with their responsibilities, compare the situation between countries and point out (...) legally unresolved areas.According to the German Genetic Diagnostics Act (Gendiagnostikgesetz) in case of an ‘avoidable or treatable’ genetic disorder, geneticists ought to confine themselves to the obligated advice to the patient. Whether a breach of the duty of confidentiality can be justified in exceptional cases by ‘necessity as justification’ for actively informing relatives at risk remains legally unclear. In case of a ‘neither avoidable nor treatable’ genetic disease, geneticists should also refrain from actively informing relatives as the justifiable state of emergency does not permit to break the duty of confidentiality. (shrink)

Many of the interests protected by public law are regularly violated by powerful private actors. Analysing the application of public law rights to the private sphere, this book develops a theoretical framework for the application of human and constitutional rights in relations between private parties.

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I demonstrate that (...) justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

Contrary to much Kant interpretation, this article argues that Kant's moral philosophy, including his account of charity, is irrelevant to justifying the state's right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant's account of dependency relations in “The Doctrine of Right” reveals an argumentative (...) structure sufficient for a public institutional protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state's legitimacy. (shrink)

There are many good reasons for a merger between bioethics and human rights. First, though, significant philosophical groundwork must be done to clarify what a human right to health would be and—if we accept that it exists—exactly how it might influence the practical decisions we face about who gets what in very different contexts.