Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense of the idea of (...) legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential. (shrink)

Digital platform economy has radically changed the modes in which work is organized, stretching the functionality of legal environment of work and its governance. This article builds on a strand of labor law scholarship that advances the need to rethink the legal construction of work and work relationship in order to adapt it to the dynamically evolving socio-economic context. By applying a business and human rights lens to this process, this article confutes the mainstream argument that labor rights guarantees remain (...) contingent on an individual’s enjoying the status of an employee under national jurisdiction. We survey a largely underexamined conception of affording protection to platform workers under International Human Rights Law (IHRL). In doing so, we argue that the instruments of IHRL may in some respects be even better placed than that of national law, both strengthening and complementing areas where state protection is weak or non-existent. Through the right to just and favorable conditions of work perspective, we outline the non-contested, albeit partly poorly implemented obligations of states, as well as largely contentious and contested responsibilities of private actors such as digital platforms towards the rights-holders. We conclude by arguing that the leverage offered by IHRL in the struggle to curb a quasi-sovereign power of the platform largely outweighs the democratically motivated objections this avenue may raise. (shrink)

In his recent book, The Idea of Human Rights, Charles Beitz claims that we should reject the human right to democracy in favour of the less demanding right to collective self-determination. On this account, citizens are entitled to basic civil and political rights, and their interests are represented by a hierarchical regime that defers to a conception of the common good in decision-making processes. However, this claim undermines his subsequent defense of the human right to nondiscrimination, because (...) systematically enforced political inequalities are fundamentally discriminatory. In this paper, I explore and defend two claims: first, Beitz's rejection of the right to equal political participation is inconsistent with his defense of the human right to nondiscrimination; second, we should reconcile this inconsistency by maintaining that there ought to be a right to both nondiscrimination and political equality. In defending the second claim, I argue that equal political rights may protect a fundamental human interest and thus merit the status of a human right. I then argue that democratic institutions can be instrumentally linked to the effective protection of human rights. Further, without a constitution and political accountability mechanisms, disenfranchised citizens are dependent on the contingent benevolence of the ruling elite for the assurance that their basic liberties will be protected over time. Ultimately, even if hierarchical regimes protect basic liberties in practice, nondemocratic regimes violate the human right to nondiscrimination by systematically denying certain groups equal political rights. (shrink)

ALTHOUGH "CHILD LABOR" IS UNIVERSALLY CONDEMNED, CHILD WORK will be a feature of global life for the foreseeable future because many children without adequate access to the requisites of human dignity must work to gain them. With help from the recent work of John Wall, Mary M. Doyle Roche, Bonnie J. Miller-McLemore, and others, the author claims children's right to work in Ethna Regan's sense, as an expression of a "situated universal." Rights on this view are real but contingent. (...) They are means to protect universal human goods and vulnerabilities under attack in particular situations. In this case, a situated right to work protects children's flourishing in a global culture still shaped by liberal and capitalist institutions, even as it criticizes that culture's injustices and exclusions. (shrink)

My claim is that Arendt founds the 'right to have rights' in the anarchic event of natality. Arendt is very explicit that the event of natality is an ontological event. In The Human Condition, she writes: "The miracle that saves the world, the realm of human affairs, from its normal "natural" ruin is ultimately the fact of natality, in which the faculty of action is ontologically rooted." At the same time, she is equally insistent that this ontological event is (...) not metaphysical; it is not the origin of anything like human nature: "To avoid misunderstanding, the human condition is not the same as human nature and the sum total of human activities and capabilities which correspond to the human condition do not constitute anything like human nature" . Indeed, this event has the character of a "startling unexpectedness." Natality, she argues, is the condition for human existence, but it can never "…explain what we are or answer the question of who we are for the simple reason that [it] can never condition us absolutely" . The 'who' does not possess an enduring, fixed nature, but is instead inherently marked by contingency and unpredictability. Arendt's ontology, therefore, does not describe an immutable order of essences; it does not seek enduring truths upon which to ground both thought and action; it does not posit a metaphysical notion of human nature or subjectivity in which human rights are inalienably inscribed. Instead, it is rooted in an unpredictable, anarchic event that provides the arche and principium of human action. For Arendt, the event of natality is the arche in the double etymological sense of origin and rule. In other words, natality is the unpredictable, anarchic origin that carries its rule or principle within it. As she points out in On Revolution, "What saves the act of beginning from its own arbitrariness is that it carries its own principle within itself or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval." Arendt goes on to argue: "For the Greek word for beginning is arche, and arche means both beginning and principle." By articulating this principium , Arendt does not give us an ontological politics; rather, she provides an ontological foundation for human rights. (shrink)

My claim is that Arendt founds the 'right to have rights' in the anarchic event of natality. Arendt is very explicit that the event of natality is an ontological event. In The Human Condition, she writes: "The miracle that saves the world, the realm of human affairs, from its normal "natural" ruin is ultimately the fact of natality, in which the faculty of action is ontologically rooted." At the same time, she is equally insistent that this ontological event is (...) not metaphysical; it is not the origin of anything like human nature: "To avoid misunderstanding, the human condition is not the same as human nature and the sum total of human activities and capabilities which correspond to the human condition do not constitute anything like human nature". Indeed, this event has the character of a "startling unexpectedness." Natality, she argues, is the condition for human existence, but it can never "…explain what we are or answer the question of who we are for the simple reason that [it] can never condition us absolutely". The 'who' does not possess an enduring, fixed nature, but is instead inherently marked by contingency and unpredictability. Arendt's ontology, therefore, does not describe an immutable order of essences; it does not seek enduring truths upon which to ground both thought and action; it does not posit a metaphysical notion of human nature or subjectivity in which human rights are inalienably inscribed. Instead, it is rooted in an unpredictable, anarchic event that provides the arche and principium of human action. For Arendt, the event of natality is the arche in the double etymological sense of origin and rule. In other words, natality is the unpredictable, anarchic origin that carries its rule or principle within it. As she points out in On Revolution, "What saves the act of beginning from its own arbitrariness is that it carries its own principle within itself or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval." Arendt goes on to argue: "For the Greek word for beginning is arche, and arche means both beginning and principle." By articulating this principium, Arendt does not give us an ontological politics; rather, she provides an ontological foundation for human rights. (shrink)

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)

A number of companies allocate ownership rights to stakeholders different from shareholders, despite the fact that the law attributes these rights to the equity holders. This article contributes to an understanding of this evidence by developing a contingency model for the allocation of ownership rights. The model sheds light on why companies, despite pressures from the law, vary in their allocation of ownership rights. The model is based on the assumption that corporations increase their chance to survive and prosper (...) if the stakeholders supplying “critical contributions” receive the ownership rights. According to the model, “critical” contributions involve (1) contractual problems due to specific investments, long-term relationships, and low measurability; (2) the assumption of the uncertainty resting on the company; and (3) the supply of scarce and valuable resources. The model is dynamic because it also provides a basis for understanding why the allocation of ownership rights changes with time. Finally, the article presents the strategies companies can use to realize an efficient distribution of ownership rights among their stakeholders. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human rights are grounded in human dignity, this paper presents a (...) novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human rights are grounded in human dignity, this paper presents a (...) novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

Following Wesley Hohfeld's pioneering analyses, which demonstrated that the concept of ownership conflated a variety of distinct legal relations, a deflationary regarding those relations as essentially unconnected held sway for much of the subsequent century. In recent decades, this theory has been thought too diffuse; it seems counterintuitive to insist, for instance, that rights of possession and alienation over a property are associated only contingently. Accordingly, scholars such as James Penner and James Harris have advanced theories that revive the concept (...) of ownership, identifying some instances of property as and regarding others as conceptually subsidiary. I propose a new interpretation of the bundle theory, based on David Lewis's idea of among physical particles. I critically examine the major antibundle positions, arguing that their criticisms result from confusion about the claims of the bundle theory, which remains the best account of property rights available. (shrink)

In these articles I have so far explored the set of duties that call upon patients to participate in clinical research as subjects of it. Here I consider whether they acquire a set of rights in consequence of participation, and what these rights may be.

In this, the first major philosophical study of contingent pacifism, Larry May offers a new account of pacifism from within the Just War tradition. Written in a non-technical style, the book features real-life examples from contemporary wars and applies a variety of approaches ranging from traditional pacifism and human rights to international law and conscientious objection. May considers a variety of thinkers and theories, including Hugo Grotius, Kant, Socrates, Seneca on restraint, Tertullian on moral purity, Erasmus's arguments against just war, (...) and Hobbes's conception of public conscience. The guiding idea is that the possibility of a just war is conceded, but not at the current time or in the foreseeable future due to the nature of contemporary armed conflict and geopolitics - wars in the past are also unlikely to have been just wars. This volume will interest scholars and upper-level students of political philosophy, philosophy of law, and war studies. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...) particular on the nature of the international system. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Contingent Object of PsychiatryDavid McCallum (bio)Keywordsmental illness, dangerousness, law, genealogyWilson and Adhead’s plea that the British Government’s proposed new mental health legislation might entail a misappropriation of psychiatry’s true mission will strike a chord in numerous jurisdictions. Many European countries during the last northern summer will adopt mental health legislation that moves in the opposite direction to the United Nations Convention on Human Rights for persons with disabilities, (...) and will allow for compulsory mental health treatment. In this author’s home state of Victoria, Australia, the Mental Health Act has five criteria that must be met for someone to be made an involuntary patient in an institution or hospital, in the community, or in one’s own home (Victoria 2003, s.6). One of the criteria is that the person is judged to be at risk of danger to themselves or others. Once made an involuntary patient, one looses the right to refuse medical treatment. At present, in various parts of the world, medical practitioners are being required to assess a person’s level of dangerousness with immediate consequences for that person’s liberty.From the point of view of a historian of the human sciences, these events propel psychiatry into a dialogue with its recent past. The project of Western psychiatry is usually characterized as a breaking down of the walls of the old asylum that contained the lunatic in its dark recesses, and the subsequent unveiling of the mental patient thanks to the rational, liberatory practices of medicine. But modern psychiatry has also been shaped by the coming into being of particular conceptions of mental illness that are not all its own making. This entailed the removal over time of the mental defective and the mental deficient, the moral imbecile, the epileptic, the alcoholic, the chronically insane, and so on, from spaces in which psychiatry would seek to define it object—populations that psychiatry would determine to be “not amenable to treatment.” If we were to see this shaping in a Foucauldian sense, we would also want to include earlier eighteenth- and nineteenth-century separations of the lunatic and the criminal (Foucault 1965, 1979). Moreover, we might want to insist that the marking out of the modern mental health patient is first and foremost an administrative act—an act of separation and management within a bounded population—which then serves as a condition of possibility for the emergence of knowledges in psychiatric medicine, with the latter following rather than preceding the arrangement of bodies in the asylum/hospital.The psychiatrist in public medicine may well be encouraged to shape a new mission according to the requirements of an administration concerned with managing dangerousness. A shift in the social vocation of the psychiatric expert has been observed over several decades, and may represent a profound departure from the traditions [End Page 69] of mental medicine (Castel 1991). Those “dirty words”—risk assessment—involve new strategies where face-to-face relations between carer and cared are displaced by an activity of calculating abstract factors deemed liable to produce risk—“a transition from the clinic of the subject to an ‘epidemiological’ clinic” (Castel 1991, 282). The broad contours of this shift sees the specialist medical carer take a back seat while the manager/ administrator assumes a more autonomous role of allocating individuals into various categories of risk. It is in this sense that the psychiatrist does not make a diagnosis as such, but rather contributes to a list of factors compiled to measure a level of riskiness. Risk assessment forms part of social surveillance that dispenses with the actual presence of the carer and the cared, and provides for a form of systematic predetection rather than treatment. As Castel (1991, 288) presents it,(t)here is, in fact, no longer a relation of immediacy with a subject because there is no longer a subject. What the new preventative policies primarily address is no longer individuals but factors, statistical correlations of heterogeneous elements. They deconstruct the concrete subject of intervention, and reconstruct a combination of factors liable to produce risk. Their primary aim is not to confront a concrete dangerous situation, but to anticipate... (shrink)

This article aims to outline a perspective on democratic ideology centred on orientation and justification, which is discussed in relation to the right?left dyad and public reason. Ideology is approached in terms of the orientational structuring of identification processes, which is discussed in relation to the articulation between four pairs of orientational metaphors (up?down, in?out, front?back and right?left), which shape the political terrain and the terms of political justification. The latter is expressed in public reason based on political (...) equality, pluralism and contingency as opposed to hierarchy, monism and objectivism. A modern democratic ideology is based on right/left orientation to underpin the autonomy of the political symbolic order vis?à?vis cultural and religious orders, and on public reason as freestanding in relation to comprehensive reasons, which is a political justification of the priority of right/left in matters of common concerns. (shrink)

This paper reports a Contingent Valuation application to estimate the non-market costs and benefits of hydro scheme developments in an Icelandic wilderness area. A deliberative group -based approach, called Market Stall, is compared to a control group consisting of conventional in-person interviews, in order to investigate flaws of Contingent Valuation, such as poor validity and protest responses. Perceived property rights suggested the use of willingness-to-accept in compensation for wilderness loss and willingness-to-pay for hydro scheme benefits. The study is novel as (...) it applies participant behaviour observation to gain insights into the shortcomings of conventional data collection modes. Main drawbacks with in-person interviews were found to be low motivation, standardised information and time pressure which hindered individuals from carefully considering their preferences. Market Stall performed better in the study: welfare estimates were more easily explained by socio-economic variables, the non-response rate was lower, and respondents were more engaged. Our research findings also suggest that participant behaviour can be used to supplement conventional validity tests. (shrink)

This paper reports a Contingent Valuation application to estimate the non-market costs and benefits of hydro scheme developments in an Icelandic wilderness area. A deliberative group-based approach, called Market Stall, is compared to a control group consisting of conventional in-person interviews, in order to investigate flaws of Contingent Valuation, such as poor validity and protest responses. Perceived property rights suggested the use of willingness-to-accept in compensation for wilderness loss and willingness-to-pay for hydro scheme benefits. The study is novel as it (...) applies participant behaviour observation to gain insights into the shortcomings of conventional data collection modes. Main drawbacks with in-person interviews were found to be low motivation, standardised information and time pressure which hindered individuals from carefully considering their preferences. Market Stall performed better in the study: welfare estimates were more easily explained by socio-economic variables, the non-response rate was lower, and respondents were more engaged. Our research findings also suggest that participant behaviour can be used to supplement conventional validity tests. (shrink)

This article examines the role of rights in both governing and shaping women’s relationship with the reconstruction process and their position in the reconstructed society. Through four years of empirical research in the post-earthquake reconstruction process in Maharashtra, India, this article focuses upon how women’s rights in social reconstruction are contingent upon processes of recognition. From the United Nations to local women’s organising, the article considers how women’s rights to “determine the pattern of their lives and the future of society” (...) (United Nations Convention on the Elimination of All Forms of Discrimination Against Women (C.E.D.A.W.). General Recommendation No. 23 (1997), Article 7, para. 9.) are dependent upon processes of recognition. Through a critique of cultural, material and spatial acts and frameworks of recognition within the U.N., World Bank, State Government, public interest litigation, personal and nonformal law, rights are seen to actively and hierarchically construct either a modern, liberal subject or a religious, communitarian subject, which both either deny or prescribe agency. The experience of women’s organising reveals the possibility of reconstructing a feminist rights strategy of reflection. (shrink)

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data (...) privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cross-Cultural Dialogue on Human Rights and the Limits of Conversation:A Reply to Stephen AngleRandall PeerenboomSteve Angle correctly notes that I do not believe that he provides a satisfactory answer to the questions of how to determine whether we are dealing with a single rights concept or discourse or multiple concepts or discourses. He also correctly notes that I believe that philosophical discussions of how to understand concepts [End Page (...) 324] (and usually even discussion of the concepts themselves) tend to divert attention from the real human-rights issues that affect people's lives.One response to my first claim is to suggest that I locate the problem in the tension between what looks like a community-based definition of concepts and his endorsement of a holistic approach to meaning according to which our individual webs of commitments always vary to some extent from one to another.1 There is a tension between a conventional view of concepts that looks to community practices and holistic approaches to meaning that focus on the webs of beliefs of individuals. But that issue, which I agree is not overly troublesome for the present purposes, is not related to the main objection I raise to his adoption of Brandom's theory of concepts. The basic point is that the switch to the more practice-oriented commitments approach to concepts (from the shared-meanings view of concepts) does not provide meaningful criteria for determining when commitments are sufficiently similar or different to decide claims that people are using the same concept or different concepts. Accordingly, it does not solve the philosophical issues that arise in assessing claims such as "Li Buyun and Joseph Raz are using the same concept of rights" or "China has a distinctive rights discourse and thus rights are contingent rather than universal" or "China has a rights discourse similar to that in the West, which supports the view that rights are universal."Angle's second response to my first criticism is to agree that there will be problems drawing lines, and that where we draw the lines will be arbitrary to some extent, in part because of the generality of concepts and in part because where we draw the lines will be affected by our normative views and our purposes for using the concepts. But he suggests that this is not problematic. However, the commitments approach is not very useful philosophically if two people can score commitments in very different ways, or include some commitments and not others in the calculus, and thus reach different conclusions on whether they are using the same concept of right. At least this failing is more than a little problematic for a philosophical account of concepts that purports to promote cross-cultural dialogue by allowing us to sort out claims about whether we are using the same concept or different concepts, whether we mean the same thing by "rights," and whether China's rights discourse is distinctive.But perhaps Angle means that the inability to state clearly whether people are using the same concept, or whether China has a distinctive rights discourse or one similar to Western rights discourse, is not problematic in the practical sense that it does not matter very much to the real human-rights issues that affect people's lives. If so, then we are in basic agreement on the second issue.Support for this view is found in the following passage from his response: "Chinese rights discourse has been, by and large, distinctive (that is, different in various ways from much of Western rights discourse), but this distinctiveness does not stand in the way of communication, dialogue, and constructive engagement. Identifying conceptual differences only leads to angry stares if one wants to manufacture an excuse for ending the conversation. Even then, anyone familiar with my argument should be able to see that the obstacle to conversation is not the conceptual difference [End Page 325] but the desire not to cooperate." This claim suggests that differences in concepts are not as important to resolving rights disputes as the desire to continue the conversation.First, neither I nor Angle claim that differences in concepts are never important to resolving... (shrink)

Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, (...) for having a right consists in having the power to claim one's rights for oneself, which the classical Confucians would curtail. I conclude by noting how we might revise standard assumptions about the practice of “claiming one's rights” to make it more compatible with core Confucian principles. 梁涛 匡钊译 儒家权利可称为是一种“备用机制”（fallback apparatus），诉诸权利仅当其他首选机制，如家族与邻里的关怀或对传统礼俗的依赖等，不能有效维护人们的基本利益时才是必要的。儒家权利的存在取决于其补救功能，其需要补救的是儒家谐社会关系及相应美德中 出现的危机、过失。但儒家的补救并不完全是基于权利之上的，古典儒家不认为人民可以代表自己提出主张，也不认为民众可以直接推翻昏庸的暴君，有抵抗权的主要是汤、武等第一级的贵族。对于儒家国家来讲，从制度上认可 人民的权利主张可能是获得社会和谐最有效的手段。. (shrink)

This contribution defends Ripstein's attempt to reconstruct Kant's political philosophy as entirely and consistently grounded on the idea of people's innate right to freedom as independence, in particular with respect to charges of circularity raised by other contributors to this symposium. However, it also argues that, if the concept of freedom as independence is to provide a foundation for a full-blown account of political justice, a richer interpretation of it should be provided. In other words, we must be willing (...) to make controversial and empirically informed claims about what counts as a threat to our freedom as independence under specific circumstances. We must have a more embedded account of freedom as independence, one that engages with the contingencies of politics and of the human condition. (shrink)

We have a reason to pursue good patterns of reasoning in the determination of the means to the satisfaction of our desires. To deny this, it seems, would be to turn our backs on rationality. Furthermore, we would agree that we all have the same reason to do so. Is this reason internal or external? If external reasons are incoherent, as Bernard Williams claims, what choice do we have but to assume that it is internal? ;If we assume that it (...) is internal, however, we run into difficulties. How does the internalist explain the fact that all individuals have the same reason to pursue good patterns of reasoning? She could argue as Williams does, and claim that every rational deliberator, by virtue of being a rational deliberator, has a desire to be rationally and factually correctly informed. If she is right, all rational deliberators have an internal reason to strive towards soundness and completeness. I show that this argument fails. There are other arguments available to the internalist. I argue, however, that they all result in the necessity of acknowledging a third class of reasons, non-contingent reasons. ;Non-contingent reasons are a bit like external reasons and a bit like internal reasons. On the one hand, they resemble external reasons, for they recommend actions independently of the particular desires that we happen to have. On the other hand, however, non-contingent reasons resemble internal reasons, for neither non-contingent reasons nor internal reasons recommend actions independently of the efficacy of those actions to satisfy our desires. Even so, non-contingent reasons are very different from internal reasons. Internal reason statements ten us what we ought to do in order to satisfy a particular desire; their truth therefore depends upon the content of an individual's desires. Non-contingent reasons ten us what we ought to do in order to be a reliable and efficient desire satisfier; their truth depends upon whether the recommended action is a means to the satisfaction of all of our desires. (shrink)

For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new (...) understanding of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)

This paper examines Walter Chatton’s discussion of the problem of prophesied future contingents in his Lectura super Sententias. Faced with the challenge of reconciling the supposedly veridical character of divine prophecy with human freedom to do otherwise, Chatton casts the relation of prophecy to event in the form of a logical consequentia and formulates two rules which depend on the character of the antecedent in question. In the case of antecedents involving divine knowledge and related phenomena, the freedom of the (...) wayfarer to do otherwise is secured by the assumption that the consequence is necessary but the antecedent is semantically contingent. In the case of concrete utterances and phenomena, on the other hand, the wayfarer’s freedom is secured by the assumption that the consequence itself is contingent. Chatton’s treatment, while analytically subtle and rigorous, leaves a number of important questions unanswered, most notably that of the ontological openness or closure of the future. Nevertheless, it is interesting both in its own right and insofar as it provides a clarifying source for Chatton’s later discussion of the same topic in his Quodlibet. (shrink)

This paper focuses on how revolts against caste-based oppression in India have been made invisible due to conceptual legacies in European social and political theory. Weber’s and Arendt’s conceptualization of Pariah agency is a case in point. Arendt’s main understanding of Pariah agency is individualized and inadequate to study freedom struggles among untouchable castes. This article argues that one not only needs to move away from analyzing individual to collective action, but it is also crucial to foreground how collective mobilization (...) among excluded groups has focused on contingencies that embed a system of domination. Dr. Bhimrao Ambedkar’s critique of caste-based domination in India is noteworthy in this regard; he foregrounds how the distinction between “Touchables” and “Untouchables” in the caste system is both embedded and contingent. Focusing on untouchability in India, Ambedkar offers insights into hegemonic analyses of social exclusion, human rights articulations before the Universal Declaratio... (shrink)

The ArgumentThe publication of Johannes Kepler's brilliant and revolutionary Astronomia nova has hitherto been viewed as somehow inevitable. This paper argues that, on the contrary, the book's very existence and a measure of its unusual form and content are in fact highly contingent, and derive from a legal dispute between Kepler and Tycho's heirs over the right to capitalize on his astronomical legacy. On Tycho's death, Kepler rather accidentally found himself in charge of Tycho's posthumous astronomical publications, especially the (...) highly prestigious Rudol phine Tables. Tycho's legal heirs, not having been paid by the emperor for Tycho's astronomical assets and feigning Kepler's unworthiness as his successor, wrested this mandate back. Ordered in turn to justify his employment, Kepler contrived the Astronomia nova as an interim announcement of the fruits of his astronomical research. In an effort to block Kepler's continuing exploitation of Tycho's observations, the heirs obtained the legal right to censor his publications, which severely threatened his philosophical freedom. The threat of editorial interference was responsible in part for Astronomia nova's unusual narrative form. (shrink)

Mental body-representations are highly plastic and can be modified after brief exposure to unexpected sensory feedback. While the role of vision, touch and proprioception in shaping body-representations has been highlighted by many studies, the auditory influences on mental body-representations remain poorly understood. Changes in body-representations by the manipulation of natural sounds produced when one's body impacts on surfaces have recently been evidenced. But will these changes also occur with non-naturalistic sounds, which provide no information about the impact produced by or (...) on the body? Drawing on the well-documented capacity of dynamic changes in pitch to elicit impressions of motion along the vertical plane and of changes in object size, we asked participants to pull on their right index fingertip with their left hand while they were presented with brief sounds of rising, falling or constant pitches, and in the absence of visual information of their hands. Results show an "auditory Pinocchio" effect, with participants feeling and estimating their finger to be longer after the rising pitch condition. These results provide the first evidence that sounds that are not indicative of veridical movement, such as non-naturalistic sounds, can induce a Pinocchio-like change in body-representation when arbitrarily paired with a bodily action. (shrink)

In the introduction to this important study Bowlin draws attention to the fact that contemporary students of ethics often resort to Aristotle, but overlook Aquinas, one of the more able interpreters of the Aristotelian moral tradition. He intends to correct this situation by concentrating on a particular point of Thomas’s moral theory: the contingencies of various kinds which we must confront. Bowlin argues that Thomas’s treatment of the moral virtues is largely functional: they help to cope with contingencies, although he (...) leaves the connection between the virtues and these contingencies largely undeveloped. Chapter 1 deals with the difficulties caused by the different passions such as concupiscence, fear, and others. The next chapter takes us into the heart of the problem, the contingency of the human good. In Bowlin’s view this contingency results from the fact that circumstances can modify the morality of our actions. Given this variability, prudence and justice must help us to decide what is right to do. Bowlin’s treatment of justice is surprising: this virtue is viewed in the light of contingency, whereas for Aquinas it proceeds basically in an objective way. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis (...) is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

It is commonly held, plausibly, that many true beliefs are true only contingently, that is, are actually true (or true with respect to the actual world) but would be false were the world in some relevant ways otherwise (i.e. are false with respect to some other possible worlds). However, a radically different approach, according to which no belief is contingently true, is entirely defensible. The key point in this alternative approach is that each belief concerns the world in which the (...) believer is (or would be) situated, which makes it the case that, say, the actual belief that Kofi Annan is not bald is different from the belief, in any other world, that Kofi Annan is not bald. This difference is further backed up by considerations related to disagreement between believers, and to knowledge. The most important objection to this alternative approach is that it cannot be right since it makes all true beliefs necessarily true. It will be shown, as a reply to this objection, that under this alternative approach it can still be said truly, for instance, that Annan is not bald but could have been so. (shrink)

In Ethics for a Broken World (2011),Tim Mulgan invites us to partake in a series of lectures delivered in a fictional future on some of the political philosophies that dominate our current tradition. The future he asks us to imagine is one in which the world is ‘broken’. In the broken world, climate change has lead to intermittent and unpredictable periods of radical scarcity in which there are insufficient resources to guarantee the survival of all existing persons (8-12). We are (...) also to imagine, rather plausibly in light of recent scientific discoveries, that we bear causal responsibility for this situation (9). Mulgan suggests that the device of the broken world ‘serves to highlight the contingency of our moral and political ideals, asking us to see our society and its ideals from the outside’ (ix). In this paper, I employ the device of the broken world to reflect on one of the most prominent ideals in contemporary affluent societies, namely that of human rights. In particular, I am interested in what sense the device of the broken world shows our ideal of human rights to be contingent, and what implications this might have for how we should understand and evaluate this ideal. (shrink)

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights, or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship (...) in a world state – a conception of citizenship that is not countenanced by the UDHR – one must interpret the human right to citizenship as a universal right to a particular group right. Other UN Conventions affirm the right of national minorities and indigenous people to cultural autonomy.[1] In these cases the right attributed to the group is understood as protecting an individually held human right to freedom of religion, association, or cultural expression. Because these individual rights are exercised collectively and exclusively, they ensure that individual members of a particular group have the freedom to act unhindered by outsiders. However, groups often view their right to freedom of religion, association, and cultural expression in an entirely different way. Not only do they wish that their individual members be free from outside interference but they wish to be freely self-determining as a group. That is, they wish to collectively define their own identity, including the identity of their individual members, according to the dominant views of the majority. This right to collective self-determination entitles a group to limit the full exercise of its members’ human right to act as they wish whenever the group determines that this exercise endangers the identity of the group. In these cases, the internal threat to the group’s cultural identity posed by the heterodox practices of its own members appears to be indistinguishable from the external threat to the group’s cultural autonomy posed by outsiders. I shall argue that groups are sometimes morally entitled to limit the exercise of their members' human rights under certain conditions.[2] In some respects the notion of limitation operant here is familiar to us from our own understanding of what liberal democratic societies legitimately demand of their citizens. No right – human or otherwise – is exercised unconditionally, since rights sometimes conflict with one another and their possession is contingent upon respecting the rights of others, which normally involves accepting some limitations on what may be said or done. Laws merely codify how the majority understands these limits. Also, many philosophers have argued that the meaning of human rights is far from settled, so that even a liberal democratic interpretation of rights of the sort that is contained in the first article of the UDHR is far from being universally accepted.[3] Leaving aside the possibility that human rights do not entail the extensive liberty associated with a liberal understanding of them,[4] I shall argue that groups can sometimes be morally justified to limit the expressive liberty of their individual members so long as they are both ontologically and morally legitimate and provide dissenters with reasonable opportunities for exit. [1] These include the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and the Declaration of Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. [2] Following Thomas Pogge, I regard human rights as claims that individuals raise against institutions that are supposed to guarantee them the conditions and resources necessary for leading a minimally decent human life. Because institutions are imperfect and fallible, assessing their compliance with human rights involves weighing their overall success along a number of variables which normally preclude simple judgments that fall into the either/or of fully satisfying or fully violating a human right. An institution may perform reasonably well in insuring that almost all of the persons on whom it is imposed are relatively successful in enjoying human right X but not human right Y; likewise, it may insure that some persons on whom it is imposed have greater success in enjoying a human right than others. [3] Article 1 states that “All human beings are born free and equal in dignity and rights.” This article can be given a distinctly liberal interpretation if “equal” is understood as “same” and “rights” are understood in to include political rights to equal participation in government and “freedom to manifest his religion or belief in teaching practice, worship, and observance” “in public or private”. [4] There has been an extensive debate over whether human rights, understood as claims that individuals raise against the social institutions that are imposed on them, reflect a conception of individual self-assertion that is universally valid for all societies or only for liberal societies that have embarked upon a Western course of modernization. Some, like John Rawls, have sought to circumvent this impasse by defining the list of universally valid human rights minimally, and in terms that do not imply robust notions of freedom and equality of the sort associated with the Western liberal constitutional tradition. (shrink)

In Evangelium vitae, Pope St. John Paul II recognized that scientific progress would bring about new attacks on the dignity of the human person. Since that time, remarkable expansion in our knowledge and understanding of the human genome has brought forth questions of ownership rights via patents on human genes and related technology. This article argues that patenting human genes is incompatible with human dignity as it commodifies that which is priceless. In contrast, granting patents to manipulations of human genes (...) does not violate human dignity so long as it is utilized toward the common good. National Catholic Bioethics Quarterly 15.2 : 265–285. (shrink)

ABSTRACTThis article suggests that corporate responsibility should be interpreted to include concern about resources that cannot easily be treated as commodities. Heritage Sites are places of historical and cultural importance. Given the primacy of contingent valuation methods in creating policy, these sites are often at risk from development or tourism since there is pressure to treat them as revenue centers. The article moves to looking at the status of sites in terms of property rights, drawing on Locke's original formulation. The (...) article concludes that there is a normative justification for treating these sites as collective property that may warrant maintenance, preservation and restricted access. (shrink)

‘Contingent Valuation ’ is a method often used to make decisions about environmental issues. It is used to elicit citizens’ preferences at the location of a specific facility, new road and the like. I argue that even if we could elicit a truly informed and ‘free’ choice, the method would remain flawed, as 1) all ‘local’ activity also has far-reaching environmental consequences; 2) majority decisions may support chices that adversely affect minorities; 3) even with full information, consenting to harms like (...) significant alterations of our normal functioning or health, or genetic mutations, may not be morally acceptable. (shrink)

Recent critiques of rights have enabled alternative understandings of their role in contemporary politics. In this article, I focus on the emergence of a performative understanding of rights, which conceptualises rights claims as reiterative acts that remake the protections and privileges marked out by rights. This promising reconstruction of rights requires a rethinking of the ethical justification of rights claims. If rights claims are creative political acts, rather than especially important duties, a justification focused on certainty and constraint will not (...) do. Yet, we must still ask: what is a good rights claim? I argue, first, that a performative account of rights requires an ethical justification that embraces contingency while still providing an account of good political creativity, and, second, that focusing on the use of normative claims to address specific problems, which I term a situationist ethics—drawing on the philosophy of John Dewey, provides better grounding for performative rights claims. (shrink)

This book takes a distinctive and innovative approach to a relatively under-explored question, namely: Why do we have human rights? Much political discourse simply proceeds from the idea that humans have rights because they are human without seriously interrogating this notion. Egalitarian Rights Recognition offers an account of how human rights are created and how they may be seen to be legitimate: rights are created through social recognition. By combining readings of 19th Century English philosopher T.H. Green with 20th Century (...) political theorist Hannah Arendt, the author constructs a new theory of the social recognition of rights. He challenges both the standard ‘natural rights’ approach and also the main accounts of the social recognition of rights which tend to portray social recognition as settled norms or established ways of acting. In contrast, Hann puts forward a 10-point account of the dynamic and contingent social recognition of human rights, which emphasises the importance of meaningful socio-economic equality. (shrink)