The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and third-generation human rights, i. e. the rights that over the course of the first half of the 19 th century were not - with some exceptions - anchored in positive law. It takes form of sort of intellectual exercise in which, based on Tocqueville`s work, his potential stance towards chosen human rights is reconstructed. The paper briefly presents modern standards (...) referring to second- and third-generation human rights, and confronts these with legal provisions provided by the French constitutions during and prior to Tocqueville`s life. The following parts of the paper show general Tocqueville`s stance towards the concept of human rights and attempt to answer the question issued in the title of the article. (shrink)

Globalization theories posit organizational convergence, suggesting that Codes of Ethics will become commonplace and include greater consideration of global issues. This study explores the degree to which the Codes of Ethics of 157 corporations on the Global 500 and/or Fortune 500 lists include the "third generation" of corporate social responsibility. Unlike first generation ethics, which focus on the legal context of corporate behavior, and second generation ethics, which locate responsibility to groups directly associated with the corporation, (...) third generation ethics transcend both the profit motive and the immediate corporate environment. Third generation ethics are grounded in responsibilities to the larger interconnected environment. The results of the study suggest convergence, insofar as Codes of Ethics are becoming standard communication features of corporations across region and industrial sector but still manifest a primary concern with profits and those behaviors which are mandated by law. Only corporations headquartered in the European Union demonstrate a significant degree of global consciousness and reflexivity. However, there is some evidence that third generation ethics and thinking are becoming part of the corporate landscape. More then three quarters of the corporations made at least some reference to third generation ethics. (shrink)

This volume is about the positive, ambivalent, null and negative effects in various historical periods by various religious denominations within Christianity, Islam and Hinduism on the attitudes towards human rights of the first, second and third generation.

The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy. This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other new (...) technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies. (shrink)

Abstract:Companies have a share in our common responsibility to future generations. Hitherto, this responsibility has been all but neglected in the business ethics literature. This paper intends to make up for that omission. A strong case for our moral responsibility to future generations can be established on the grounds of moral rights theory, utilitarianism and justice theory. The paper analyses two practical cases in environmental policy, in order to come to grips with the complicated ethical issues involved in the (...) responsibility to future generations. The cases deal with the management of finite energy sources and of vulnerable resources of biodiversity. The ethical issues involved in these cases have an important bearing on business ethics: future generations should be included among the stakeholders of the firm. The paper concludes with a plea to institutionalize a “third arena” for debate and deliberation on the protection of the interests of future generations, next to the arenas of the government and the market. Companies should participate in this third arena, led by a participatory ethics. (shrink)

Due to the significant and often careless human impact on the natural environment, there are serious problems facing the people of today and of future generations. To date, ethical, aesthetic, religious, and economic arguments for the conservation and protection of the natural environment have made relatively little headway. Another approach, one capable of garnering attention and motivating action, would be welcome. There is another approach, one that I will call a rights approach. Speaking generally, this approach is an attempt (...) to address environmental issues via the language and theory of legal and moral rights. Ultimately, it is our duties to our fellow humans that explain why we have duties regarding the natural environment. There are three main contenders among theories that can be called rights approaches to environmental issues. The first identifies the (alleged) human right to a healthful environment as the source of our obligations to conserve and protect nature. The second approach has it that our duties to nature arise from the rights of the constituents of nature themselves, its flora and fauna. The third approach to addressing environmental problems via rights is, I argue, the best path to environmental conservation and protection. This approach—which grounds duties toward nature on the human right to health—has the benefits of being a straightforward, uncontroversial, and simple approach to issues and problems that desperately need to be resolved. (shrink)

What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...) beneficence – requirements to benefit other people – be seen as generated by people’s rights to receiving aid? Secondly, what is the relationship between requirements of beneficence that apply to us collectively and requirements of beneficence that apply to each of us individually? According to Liam Murphy, our obligations to help distant strangers are fundamentally collective obligations, and any individual obligations we bear are consequently obligations to discharge our “fair share” of these collective obligations. I shall argue that, on the contrary, there are large-scale collective obligations of beneficence that derive from more fundamental individual obligations. My third issue concerns the moral significance of citizenship. What morally relevant difference is there between strangers who are compatriots and those who are not? (shrink)

The work of Rainer Forst constitutes the third generation of the Habermasian School. In Das Recht auf Rechtfertigung [The right to justification] (2007) Forst develops a constructivist approach to justice in a serious effort to find a systematic basis for ‘critical theory’. In this article the relevant arguments of this approach are critically analysed. The position developed in the work of Forst appears to be characterized by a fundamental ambiguity because it oscillates between two irreconcilable points. On the (...) one hand Forst seems to admit the necessity of something like the ‘unconditionality of moral law’ presupposing a kind of Kantian transcendentalism beyond constructivism. But on the other hand, he turns back to a more Habermasian constructivist or proceduralist theory. The ambiguity implicit in Forst’s philosophy is that it does not find a compromise between these two approaches to discursive theory so it fluctuates between them, needing the logical support of both poles. (shrink)

The “right not to know” has generated significant discussion, especially regarding genetic information. In this paper, I argue that this purported right is better understood as a preference and that treating it as a substantive right has led to confusion. To support this claim, I present three critiques of the way the right not to know has been characterized. First, I demonstrate that the many conceptualizations of this right have hampered debate. Second, I show that the way autonomy is conceptualized (...) in this literature is also problematic. Third, I examine the notion of a right in more detail, to support my third critique: that the right to know and the right not to know genetic information are often erroneously treated as having equivalent status. On my understanding, the claim being made is better thought of as a preference, not a right, and a preference not to know certain information becomes only one of several considerations relevant to medical decision making. (shrink)

Within the framework of a new interdisciplinary scientific scientific field – epistemological urbanism – the authors develop the idea of the human right to their city and show the epistemological nature of this right, which is explained by the fact that it is conditioned by the processes of cognition and scientific communication. Three main provisions are substantiated. Firstly, the city is an intelligent system. “The right to your city” is a specific right to scientific and intellectual production and consumption. Such (...) a right is not realized in every locality designated as a city, but only where there are conditions for intellectual dynamics – where art, education and science are developing. Secondly, the intellectual system of the city has autonomy. Each city has its own intellectual resource. Realizing the right to their city, citizens are involved in the activity of the city's scientific and intellectual autonomy. In other words, a city where there are opportunities to realize the “right to the city” generates an autonomous scientific school or a set of scientific schools. Thirdly, cities how research centers form a scientific network. Not a scientific consortium with common ideas and goals, but a network based on the principles of proliferation. The authors insist on the decentralization of science not for the purpose of its enclavization, but for the purpose of developing the potential, multi-vector and intellectual self-realization of urban communities themselves. It is shown that the development of science as a whole can be ensured by the heterogeneity of science itself : integration and differentiation give rise to an integration scientific and communicative process. (shrink)

This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, representation of future people is unnecessary. The (...) next part discusses theoretical proposals to represent future generations in existing institutions. An appendix provides an overview of past and present real-world experiments, including the Finnish Committee for the Future, the Israeli Knesset Commissioner for Future Generations (2001–2006) and the Hungarian Ombudsman for Future Generations. (shrink)

This essay discusses human rights from the standpoint of five outlooks dominant in our time by imaging five stylist ideal-typical countries. First, three countries in which the principle of defending human rights is unknown: Utilitaria, Communitaria and Proletaria. Each rejects human rights for a distinct set of reasons: the first because they conflict with utilitarian calculation, the second because they abstract from correct ways of living, the third because they soften hearts and are superfluous in a (...) classless world. Accepting human rights means departing from each of these standpoints in a given respect. First, we restrain the pursuit of social advantage, however enlightened or benevolent that pursuit. Second, we accept and protect the abstraction or distance of persons from specific, concrete ways of life. Third, we hold that the conditions of human life will never surmount scarcity, conflict of interests, moral divergences and limited rationality to render human rights superfluous. Next, two further countries are imagined in which human rights might be said to be respected: Libertaria and Egalitaria. The first represents a context of market freedoms, property rights, equal opportunity and civil rights but generates basic inequalities of condition and the sanctification of self-interest. The second is committed to rendering civil rights of equal worth to all and maintaining decent minimum standards for all, while striving for growth and improvement. But is Egalitaria feasible and viable? The incentives needed for growth give rise to inequalities, and the ideal of equal individual treatment conflicts with the communitarian goal of treating cultural identities as equal. These difficulties lead some away from Egalitaria back to Libertaria or Communitaria, but the essay concludes by suggesting that there is an »egalitarian plateau« that should not be abandoned for any of the other four possibilities. (shrink)

This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime. These include the relatives of the missing and executed persons; people who were dismissed from their jobs for political motives; peasants who participated in land reform and were expelled from the land for political reasons; and Chilean exiles returning to the country. Political prisoners and torture victims were considered only in 2003. The (...) creation of the Commission for Political Imprisonment and Torture was followed by a law which provides pensions to political prisoners and torture victims identified by the Commission. Created with different kinds of victims in mind, these programs were based on pensions, social services, educational benefits, and public recognition of the violations of the victims’ rights, monuments, sites of memory, and health assistance, mainly in the form of mental health services. The Program for Reparation and Integral Health Assistance for Victims of Human Rights Violations, created in 1991 and reinforced by a law at the end of 2004, has been the reparation measure for all kinds of victims of human rights violations, including third-generation relatives. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational (...) to such a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

Human rights are basic, inalienable, interdependent, and universally recognized rights that aresine qua nonfor existence and growth of any human to be his best. These human rights are to be enjoyed by all human beings by virtue of being human, irrespective of their limitations or disabilities; due to the stated reason, the rights of disabled people as a “group right” are recognized as a third-generation human right.

The origin of the Third Sector (TS) in Spain is rooted in the defence of social rights and demands made of the State regarding social transformation. With the development of the Welfare State, the role of the TS has progressively changed, becoming primarily a provider of services to Public Administrations (PAs), and moving away from its roots advocating and demanding social justice. This article examines the distance between the original intentions (‘ought’) and the current day-to-day actions (‘is’) of (...) the TS in the case of the region of Andalusia (Spain), focusing on a three-dimensional analysis: the objectives that mark its action, its funding model, and relations within the organisation. Using a qualitative methodology based on Thematic Content Analysis, the discourses of actors involved in the TS (managers, professionals, volunteers, users, public administration professionals, and other actors) have been analysed and linked, concluding that the gap generated between intention and deed, or ‘ought’ and ‘is’, are the result of external contextual elements, but also of decisions made within the TS. (shrink)

As Next Generation Sequencing technologies are increasingly implemented in biomedical research and care, the number of study participants and patients who ask for release of their genomic raw data is set to increase. This raises the question whether research participants and patients have a legal and moral right to receive their genomic raw data and, if so, how this right should be implemented into practice. In a first step we clarify some central concepts such as “raw data”; in a (...) second step we sketch the international legal framework. The third step provides an extensive ethical analysis which comprehends two parts: an evaluation of whether there is a prima facie moral right to receive one’s raw data, and a contextualization and discussion of the right in light of potentially conflicting interests and rights of the data subject herself and third parties; in a last fourth step we emphasize the main practical consequences of the ethical analyses and propose recommendations for the release of raw data. In several legislations like the new European General Data Protection Regulation, patients do in principle have the right to receive their raw data. However, the procedural implementation of this right and whether it involves genetic counselling is at the discretion of the Member States. Even more questions remain with respect to the research context. The ethical analysis suggests that patients and research subjects have a moral right to receive their genomic raw data and addresses aspects which are also of relevance for the legal discussion such as the costs of release of raw data and its impact on academic freedom. Taking into account the specific nature and implications of genomic raw data and the contexts of research and health care, several concerns and potentially conflicting interests of the data subjects themselves and involved researchers, physicians, biomedical institutions and relatives arise. Instead of using them to argue in favor of restrictions of the data subjects’ legal and moral right to genomic raw data, the concerns should be addressed through provision of information and other measures. To this end, we propose relevant recommendations. (shrink)

How do firms make sense of creating shared value projects? In their sense-making processes, do they extend the meaning spectrum to include human rights? What are the dominant cognitive frames through which firms make sense of CSV projects, and are some frames more likely to have transformative power? We pose these questions in the context of small-scale firms in a low-to-middle income country—a context where CSV policies have been promoted extensively over the last decade in the expectation of improved (...) economic competitiveness, growth, and sustainable development processes. We employ a grounded theory approach to identify three dominant cognitive frames used by our respondents to make sense of CSV. The most prevalent frame prioritizes economic over social and environmental goals, and considers social, environmental, and human rights benefits to trickle down from economic growth and wealth generation. In the second frame, economic actors follow a win–win logic according to which environmental sustainability is pursued only if there are clear and foreseeable economic payoffs. The third frame is a niche that emphasizes the attainment of certain human rights goals, despite a perceived lack of immediate economic returns. Our work casts doubt on the capacity of CSV projects to stimulate sustainable development processes without radically changing entrepreneurs’ cognitive frames from growth first to humanizing the business. (shrink)

A “third generation” of critical theory can no longer be said to be composed of anything as cohesive and unified as a “school.” Critical theory today continues across a much more diverse spectrum of different philosophical approaches, influences, and questions. Its adherents are no longer united by national, geographical, or even linguistic ties, and do not necessarily even share the basic commitment to radical political change that characterized first generation critical theory. How, then, ought one to characterize (...) the spectrum of philosophers, social and political theorists, and literary critics who could be said to make up a “third generation” of the Frankfurt School? (shrink)

The existentialist philosopher Karl Jaspers is the father of a discourse on the spiritual consequences of the Holocaust. First addressed as the Schuldfrage (the question of guilt) by Jaspers immediately after the Second World War in his famous Heidelberg lecture, it has reappeared in various forms in German life and letters. Post-unification Germany has witnessed the valorization of the German experience of the Second World War. This ongoing re-evaluation has its antecedents in the generational literature of the 1970s and 1980s. (...) Whereas the Vaterliteratur of the 1970s (by authors such as Christoph Meckel, Uwe Timm, and Peter Henisch) was often embedded in a left-wing critique of the establishment, recent contributions to this growing genre (by Marcel Beyer, Stephan Wackwitz, Wibke Bruhns, and Ulla Hahn among others) speak to the issue of collective identity and transgenerational family trauma outside distinct left- and right-wing interpretations of National Socialism. The current writings on the life during the Third Reich (filtered through the experiences of discrete generations) are a confluence of historical writing, memorial literature, biography, and fiction. They are closely related to the discussions that W. G. Sebald initiated in his 1997 lecture series on the silence of German postwar literature with respect to German suffering. The subsequent debate on how to bring closure to this ?German suffering? was intensified by Günter Grass's widening of the concept of German victimization beyond the air war controversy in his book Crabwalk (2002). As Grass distinguishes clearly between the various post-World War II generations (and their different perspectives on historical events), the question becomes whether these recent writings will bring about a final so-called ?zero hour? in German postwar history. (shrink)

The author suggests that a “first generation” task in bioethics is to give patients the information they need; a “second generation” task is to do this in the most effective way; and a “third generation” task is to avoid harming patients by imposing value biases. The author discusses ways to pursue this third generation task.

Growing social inequalities represent a major concern associated with the Digital Revolution. The article tackles this issue by exploring how welfare regulations and redistribution policies can be rethought in the age of digital capitalism. It focuses on the history and enduring crisis of social citizenship rights in their connection with technological changes, in order to draw a comparison between the industrial and the digital scenario. The first section addresses the link between the Industrial Revolution and the genesis of social (...) rights. It describes the latter as a legal ‘machine’ designed to offset the imbalances produced by the technological movement of industrialization. The second and third sections introduce the notion of ‘industrial citizenship’ to describe the architecture of social rights in mature industrial societies and to contend that European systems of welfare are still largely modeled on an industrial standard. The fourth part investigates the impact of the Digital Revolution on this model of social citizenship. It identifies debates on basic income as a major trajectory for redesigning welfare regulations in a post-industrial era, and the digital user as a crucial emerging subject of rights. The final part explores how digital users could be entitled to social rights as data suppliers. To this end, it introduces the idea of ‘digital-social rights’ resulting from the incorporation of welfare and redistribution principles into emerging digital rights. Hence, it proposes a legal-political framework for the redistribution of the revenues generated by data in the form of a ‘digital basic income’ for citizens of cyberspace. (shrink)

While evidence-based medicine (EBM) is often accused on relying on a paradigm of 'absolute truth', it is in fact highly consistent with Karl Popper's criterion of demarcation through falsification. Even more relevant, the first three steps of the EBM process are closely patterned on Popper's evolutionary approach of objective knowledge: (1) recognition of a problem; (2) generation of solutions; and (3) selection of the best solution. This places the step 1 of the EBM process (building an answerable question) in (...) a pivotal position for the understanding of the whole process, and underscores a few aspects which are often overlooked in EBM courses. First in this step internal evidence (including personal expertise) must be appraised and integrated in the problem. Second, issues of applicability of the possible solution should be anticipated. Third, and possibly more important, the goal of the intervention should be set at this stage (typically by choosing the outcome in a PICO question). Depending whether or not goals depend on the goals of others, and whether they concern others' voluntary behaviour, goals may be classified as self-serving, moral, altruistic or moralistic. Thus, delicate ethical questions must be addressed at this stage, which means that patient preferences and values must be carefully sought, so that empathy, counselling and narrative medicine must be mastered to be able to formulate correctly an answerable question. The need to modify the current description of the EBM process to increase the recognition of implicit assumptions and increase the consistency of this model is discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Marja Heimonen, “Justifying the Right to Music Education”Hermann J. KaiserFirst of all I would like to thank Marja Heimonen for her paper on a central problem not only for music education as practice but also for the theory of music education. She gives a very clear and convincing answer to a permanently irritating question: How do we justify music education within an ensemble of competing subjects (...) struggling to get a place within the school curriculum. And she does it in a rather uncommon way, that is, by means of legal philosophy. I think her arguments provoke several questions worthy of serious discussion. Some of these questions I shall try to indicate.The first question relates to the right to (music) education. Referring to the Nordic countries she states, "Their legal systems are based on enacted acts and statutes not only protecting the citizens against criminal acts but also securing their rights to receive a certain amount and standard of services the state is obliged to provide" and she continues: "Education is one of the basic rights in Nordic societies." I am interested very much in the wording by which these constitutions declare the right to education respectively to music education. The German constitution, for example, says only, but very bluntly that the entire schooling system stands under control of the state. That means, in connection with compulsory schooling, education at school means no right but a compulsion. (I shall come back to this point later.)The second question relates to the issue of internal versus external goods or instrumental versus self-justifying aims. In her attempt to justify music education Heimonen makes a distinction between internal and external goods, instrumental and self-justifying aims. I wonder if this distinction—though it is very common in theories of action and of value—really refers to different facts; perhaps [End Page 213] it is only a difference in perspectives. I will transform this problem into a question thus: Are aims and values emphasizing a person's well-being really not instrumental with regard to this person? The well-being aims look to me to be necessarily connected to self-justifying aims. Aims, values, activities, facts, situations, and so on, generating well-being, are always instrumental with regard to a person's well-being. What else should they be?On the other hand, are so-called external goods and instrumental aims not self-justifying aims as well, again from the point of view of the person concerned? Are not aims which favor the training of a future professional (so called instrumental aims) self-justifying with regard to this person since they contribute very much to his or her well-being? Thus music educators should not hesitate to demonstrate the real individual, social, economical, and so on, benefit of music education to the society concerned very energetically.The third question arises around the implicit theories of the teacher, the school, and the function of music education as set forth by Heimonen in her paper. Heimonen compares the structure of the (music) teacher's situation with that of a judge. She says:The judge has to operate between the tensions of different interests in the framework of the law consisting of written regulations and the tradition of previous cases that have been solved.... The judge works within a "legal puzzle" just as the music teacher operates in a "musical puzzle": both of them have to think holistically as they try to achieve the best possible solutions in a particular situation, and both of them have to act innovatively and creatively in their practice.Here the question arises as to whether the "musical puzzle" is really the corresponding moment to the "legal puzzle" or whether it is the "music-pedagogical puzzle." I think it is the latter. But the teacher does not have—like the judge "his" legal system—a framework of written regulations and he never is in the situation just to apply rules on different cases. That is to say, one cannot reduce educational activities to making decisions on the basis of right or wrong, good or bad. But even if one would acknowledge an identical structure of the... (shrink)

In this paper I analyse how procreative freedom poses a challenge for rule-consequentialism. First, I reconstruct the rule-consequentialist case for procreative freedom. Second, I argue that population scenarios resulting from very low fertility pose a problem for rule-consequentialism since such scenarios cannot secure population growth or even avoid human extinction in the long run. Third, I argue that population scenarios resulting from excessive procreation also pose a problem for rule-consequentialism since they are incompatible with the promotion of optimific consequences (...) in various ways. Were the rule-consequentialist to avoid these types of scenarios, the challenge would consist in doing so while retaining the liberal approach to individual rights and freedoms that made rule-consequentialism an advantageous competitor against moral theories like act-consequentialism. These population scenarios raise more general questions about how rule-consequentialism ought to conceptualise the application of universal rules in the long-term, intergenerational context. This is an important place for inquiry given that rule-consequentialism is originally conceived as a forward-looking theory. (shrink)

In this paper, I set out some basic elements of a deontic logic with an implementation appropriate for handling conflicting legal obligations for purposes of programming autonomous machine agents. Kantian justice demands that the prescriptive system of enforceable public laws be consistent, yet statutes or case holdings may often describe legal obligations that contradict; moreover, even fundamental constitutional rights may come into conflict. I argue that a deontic logic of the law should not try to work around such conflicts (...) but, instead, identify and expose them so that the rights and duties that generate inconsistencies in public law can be explicitly qualified and the conflicts resolved. I then argue that a credulous, non-monotonic deontic logic can describe inconsistent legal obligations while meeting Kant’s demand for consistency in the prescriptive system of public law. Finally, I propose an implementation of this logic via a modified form of “answer set programming,” which I demonstrate with some simple examples. (shrink)

Third generation prospect theory is a theory of choices and of judgments of highest buying and lowest selling prices of risky prospects, i.e., of willingness to pay and willingness to accept. The gap between WTP and WTA is sometimes called the “endowment effect” and was previously called the “point of view” effect. Third generation prospect theory combines cumulative prospect theory for risky prospects with the theory that judged values are based on the integration of price paid (...) or price received with the consequences of gambles. In TGPT, the discrepancy between WTP and WTA is due to loss aversion-losses have greater absolute utility than gains of the same value. TGPT was developed independently of similar developments by Birnbaum and Zimmermann :145–187, 1998) and Luce. This paper reviews theoretical and empirical findings, to show that TGPT fails as a descriptive model of both choices and judgments. Evidence refutes three implications of TGPT, but they are consistent with configural weight models in which loss aversion is not needed to describe the results. In the configural weight models, buyers place greater weight on lower consequences, attributes or estimates of value compared to sellers, who place greater configural weight on higher aspects of an object or prospect. (shrink)

Phenomenology of the body and the third generation of cognitive science, both of which attribute a central role in human cognition to the body rather than to the Cartesian notion of representation, face the criticism that higher-level cognition cannot be fully grasped by those studies. The problem here is how explicit representations, consciousness, and thoughts issue from perception and the body, and how they cooperate in human cognition. In order to address this problem, we propose a research program, (...) a cognitive phenomenology of the body, which is basically motivated by the perspective of Merleau-Ponty. We find a substantial clue in developmental psychological studies on the body and language. (shrink)

Bhaskar's philosophy supports society via a process of homeostasis to resist socioecological system disintegration by developing its values and ethics in response to endogenous and exogenous change. To the contrary, positivist (first generation) and hermeneuticist (second generation) approaches to systems theory have distorted humanity's mechanism of homeostasis because, amongst other things, they disallow the use of facts to guide values/actions. Since acting on knowledge is, ceteris paribus, a given in Bhaskar's approach, resolving socioecological system problems involves correcting the (...) method of homeostasis (our method of finding knowledge and acting on it) rather than correcting the consequences of the failure of homeostasis (the poorly informed action or inaction). This is reminiscent of Gandhi's approach to social transformation in which we trust the means to arrive at appropriate ends and it releases activists from having to be keepers of the moral high-ground or having to try to change people's behaviour. (shrink)

This article explores processes of articulation in the controversies over third-generation mobile phone transmitters and the interrelated phenomenon of “electrosensitivity.” The argument is that the search to fix public image and public concerns tends to alienate the public from technology discussions. An alternative political epistemology of articulations is suggested to explore the dynamics among prereflexive motives, public engagement, and institutional requirements for public deliberations.

In the late 1990s, when otherwise healthy women in Aotearoa New Zealand started to die as a result of venous thrombosis attributed to third generation oral contraceptive pills, this contraceptive technology became the subject of media scrutiny and professional re-investigation. This research utilizes a qualitative methodology to explore the accounts of a small selection of contraceptive consumers. Many of this study’s consumers constructed an alternative framing of the 3GOC controversy, which accessed official information (such as medical statistics) but (...) critically framed these facts by grounding them in relation to how their bodies reacted to pharmaceuticals. Bricolage is used as a metaphor for thinking about the ways that women engage in decision-making by creating ‘toolboxes’ from a multitude of readily available material and information. Lévi-Strauss’s original formulation of bricolage, in particular the claim that bricoleurs do not create ‘new knowledge’, is critiqued. (shrink)

This article is an attempt to identify who's who and the whereabouts of Japanese political studies in South Korea. Previous studies suggest that South Korea made a delayed start in Japanese studies because of submerged anti-Japanese feeling among the general public, and that linguistic and humanistic studies were prevalent while social scientific studies lagged behind. The second generation scholars, who actively published their academic works on Japan between the late 1970s and the early 1990s, contributed to the development of (...) objective, social scientific understanding of Japan. Their research interests included scrutinizing modern Japan, studying Korea-Japan relations, and analyzing Japanese foreign policy. The third generation scholars, which this article focuses on, have a few common characteristics: they began Japanese studies when Japan was rising; most of them were trained in Japan or the United States; most of them are fluent in Japanese; and they are publishing actively in major academic journals. The research interests of the third generation are categorized into four: (1) widening the research horizon; (2) inheriting the tradition of the previous generation; (3) synchronizing research agendas with the foreign scholarly community; and (4) opening up a new research horizon. After making a comprehensive content analysis of the works undertaken by third generation scholars, three major challenges are suggested for the upcoming generation of Japanese studies in South Korea: (1) globalizing the scholarly works with more theoretical analysis; (2) developing a uniquely Korean perspective about Japan; and (3) undertaking a systematic collaborative study with foreign scholars. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation (...) inherits a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...) duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

In this paper, I defend the view that within a rights-based ethical framework, the moral status of future generations is best understood as that of present rightsholders. I argue that in this way it can be justified that we have obligations towards future generations. This justification in turn is of great relevance for many issues in moral theory and applied ethics. In the first part of the paper, I argue that the fact that future persons will have rights (...) in the future cannot fully account for present obligations. The missing link in this argument cannot be provided by approaches that infer those obligations mediately. In the second part of the paper, I argue that existing is not a necessary condition for being a rightsholder. First, our own future selves should be said to have rights even though they do not exist at present. Second, even at present, uncertainty challenges the relationship between rightsholders and obligation bearers: often enough, obligations depend on presuppositions or suspicions about other persons’ existence. In light of these cases, we should conceive of rightsholders as place holders, that is, sets of (actual) individuals whose existence or identity can be unknown or indetermined, with specific properties. Therefore, future generations can coherently be said to have rights now that correspond to our present obligations towards them. (shrink)

An eminent philosopher explains why we owe it to future generations to take immediate action on global warming Climate change is the supreme challenge of our time. Yet despite growing international recognition of the unfolding catastrophe, global carbon emissions continue to rise, hitting an all-time high in 2019. Unless humanity rapidly transitions to renewable energy, it may be too late to stop irreversible ecological damage. In The Pivotal Generation, renowned political philosopher Henry Shue makes an impassioned case for taking (...) immediate, radical action to combat global warming. Shue grounds his argument in a rigorous philosophical analysis of climate change’s moral implications. Unlike previous generations, which didn’t fully understand the danger of burning carbon, we have the knowledge to comprehend and control rising carbon dioxide levels. And unlike future generations, we still have time to mitigate the worst effects of global warming. This generation has the power, and thus the responsibility, to save the planet. Shirking that responsibility only leaves the next generation with an even heavier burden—one they may find impossible to bear. Written in direct, accessible language, The Pivotal Generation approaches the latest scientific research with a singular moral clarity. It’s an urgently needed call to action for anyone concerned about the planet’s future. (shrink)

This article explores Vietnam’s response to the COVID-19 pandemic as an example of good ethical practice in dealing with the COVID-19 outbreak. Vietnam’s response to the pandemic is in accordance with the ethics of care which emphasizes solidarity and responsibility. Vietnam’s approach to the COVID-19 pandemic is also in accordance with the third generation of human rights that promote solidarity and responsibilities towards the community. A full implementation of human rights requires more emphasis on responsibilities, especially (...) in the time of crisis. (shrink)

Family firm philanthropy (FFP) is the donation of resources to support societal betterment in ways meaningful for the controlling family. Family business literature suggests that socioemotional goals of achieving family prominence, harmony, and continuity drive FFP. However, these drivers fail to explain spiritually motivated philanthropic behaviors like anonymous giving by business families. 14 case studies of Indian Hindu business families with a combined FFP exceeding 2 billion INR in 2016–17 reveal spirituality or the moral dimension as an additional important driver (...) of corporate behaviors like FFP. Two fundamental spiritual beliefs of dharma (duty towards society) and karma (right to action without expectation of rewards) instill a duty-bound giving culture in Hindus. However, the strength of each belief varies in controlling families revealing four configurations of philanthropists labeled as Devout, Committed, Devoid, and Coerced in this study. Devouts, the biggest givers, are spiritually motivated, controlled by at least third-generation family members with executive power and professional support. Committed philanthropists are motivated by societal development rather than spirituality. While devoids hold spiritual beliefs, they neglect to devote appropriate resources or develop professional structures to support FFP. Coerced, the smallest givers, focus on business growth, lack family champions or supporting professional structures, and face turbulent family or business domains. (shrink)

Using the right to die and the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health as exemplars, this article explores the notion of third-order decisionmaking. If first order decisionmaking is about what should happen, and second-order decisionmaking is about who should decide what should happen, then third-order decisionmaking is about who should decide who decides. This turns out to be an apt characterization of constitutionalism, which is centrally concerned with the allocation of responsibility (...) for making decisions about the allocation of responsibility. Deference to erroneous second-order decisions, as in the Cruzan case itself, may merely be an example of this central feature of constitutionalism. Keywords: constitutionalism, Cruzan case, right-to-die, rules CiteULike Connotea Del.icio.us What's this? (shrink)

People react negatively not only to injustices they personally endure but also to injustices that they observe as bystanders at work—and typically, people observe more injustices than they personally experience. It is therefore important to understand how organizations can restore observers’ perceptions of justice after an injustice has occurred. In our paper, we employ a policy capturing design to test and compare the restorative power of monetary compensation, procedure changes and apologies, alone and in combination, from the perspective of (...) class='Hi'>third parties. We extend previous research on remedies by including different degrees of compensation and procedural changes, by comparing the effects of sincere versus insincere apologies and by including apologies from additional sources. The results indicate that monetary compensation, procedure changes, and sincere apologies all have a significant and positive effect on how observers perceive the restoration of justice. Insincere apologies, on the other hand, have no significant effect on restoration for third parties. Procedural changes were found to have the strongest remedial effects, a remedy rarely included in previous research. One interpretation of this finding could be that observers of injustice prefer solutions that are not short sighted: changing procedures avoids future injustices that could affect other people. We found that combinations of remedies, such that the presence of a second remedy strengthens the effect of the first remedy, are particularly effective. Our findings regarding interactions underline the importance of studying and administering remedies in conjunction with each other. (shrink)

Fertility clinicians participate in non-sexual reproductive projects by providing assisted reproductive technology (ART) to those hoping to reproduce, in support of their reproductive goals. In most countries where ART is available, the state regulates ART as a form of medical treatment. The predominant position in the reproductive rights literature frames the clinician’s role as medical technician, and the state as a third party with limited rights to interfere. These roles broadly align with established functions of clinician and (...) state in Western liberal democracies, where doctors have duties to provide safe, beneficial and legal healthcare to all who seek it. Recognised state responsibilities include safeguarding equitable access to medical services and protecting and promoting reproductive liberty.I argue against this normative moral framing of clinician and state involvement in non-sexual reproduction, suggesting that clinician and state join the non-sexual reproductive project at the point of triggering conception. Begetting a child is more than just the provision and regulation of healthcare; it generates rights and confers responsibilities on all who join this morally significant project. All who collaborate have the right to join or refuse to join the project. I suggest this is intuitively understood in the sexual realm, but not in the non-sexual realm. My key substantive claim is that non-sexual reproduction is a pluralist pursuit that morally implicates more than the genetic and gestational contributors. I find that while the moral basis of a clinician or the state’s right to refuse to join the ART project is the same as for those providing gestational or genetic input, the reasons that morally underpin their refusal differs. (shrink)