This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

There has been limited research investigating the effects of the recognition form of respect between leaders and their followers within the organisation literature. We investigated whether mutual recognition respect was associated with follower job performance and well-being after controlling for measures of liking and appraisal respect. Based on data we collected from 203 matched leader–follower dyads in the Insurance industry in Malaysia, we found mutual recognition respect predicted both follower job performance and well-being. Significantly, appraisal respect was only found to (...) be positively associated with job performance. Our findings suggest mutual recognition respect is an important form of respect in workplace relationships that can bring benefits to both the individual and the organisation. (shrink)

What does it mean to listen to someone respectfully, that is, insofar as they are due recognition respect? This paper addresses that question and gives the following answer: it is to listen in such a way that you are open to being surprised. A specific interpretation of this openness to surprise is then defended.

The goal of inclusion is more or less credible depending in part on what it is that learners have in common. I discuss one characteristic that all learners are thought to share, although the learners I am concerned with represent an awkward case for the aspiration of inclusivity. Respect is thought of as something owed to all persons, and I defend the view that this includes persons with profound and multiple learning difficulties and disabilities. I also consider the implications of (...) respecting profoundly disabled learners for teaching and learning, and three aspects in particular: treating the profoundly disabled learner as a person; the close relationship between teaching and caring for a vulnerable learner; and individualised learning as an element of a successful teaching and learning environment. (shrink)

This article argues that, to distinguish between “critical” and “uncritical” solidarity, the normative concept of solidarity must be grounded on the principle of respect for persons. I start analyzing the principle of respect for persons from a modified Kantian perspective, arguing that it must be interpreted as a normative relation of power in which each person must recognize the autonomy of the other as a source of power. In this perspective, the principle of respect offers a foundation for an ethical (...) assessment of situations in which ethical solidarity is required. By drawing on the distinction between passive and active respect, I argue that solidarity is grounded on the duty of active respect in the face of danger or oppression and that this foundation allows us to distinguish between critical (i.e. appropriate) and uncritical (i.e. inappropriate) solidarity. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence (AI) system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with (...) the particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

The goal of inclusion is more or less credible depending in part on what it is that learners have in common. I discuss one characteristic that all learners are thought to share, although the learners I am concerned with represent an awkward case for the aspiration of inclusivity. Respect is thought of as something owed to all persons, and I defend the view that this includes persons with profound and multiple learning difficulties and disabilities. I also consider the implications of (...) respecting profoundly disabled learners for teaching and learning, and three aspects in particular: treating the profoundly disabled learner as a person; the close relationship between teaching and caring for a vulnerable learner; and individualised learning as an element of a successful teaching and learning environment. (shrink)

In everyday conversations, professional codes, policy debates, and academic literature, the concept of respect is referred to frequently. Bioethical arguments in recent decades equate the idea of respect for persons with individuals who are capable of autonomous decision-making, with the focus being explicitly on ‘autonomy,’ ‘capacity,’ or ‘capability.’ In much of bioethics literature, respect for persons is replaced by respect for autonomy. Though the unconditional respect for persons and their autonomy (irrespective of actual decision-making capacity) is established in Kantian bioethics, (...) current argument and debates often revolve around a thin concept of autonomy, focusing on capacity and capability: persons are owed respect because they are ‘rational beings’ or with a focus on ‘agency’ and ‘decision-making abilities.’ However, these aspects alone are insufficient while engaging the concept of respect for persons, particularly in healthcare settings. This paper sets out to explore if the concept of respect for persons—as opposed to a thin concept of autonomy—could help us engage better in healthcare practices. We shall probe the practical value of the experiential aspect of respect—understood as the recognition of persons as respect-worthy through certain dispositions and deliberative acts—by reflecting on instances in clinical practice that tend to be dismissed as negligible or even unavoidable in a stressful environment such as a busy hospital. We shall argue that these instances are far from trivial but carry moral significance and express an unacceptable—disrespectful—attitude that can compromise the moral habitus in hospital settings. In our conclusion, we call for practicing recognition respect in the health professional–patient encounter by focussing on manners, attitudes, and behaviors. Furthermore, we call for continuous medical ethics education programs to address the moral significance of disrespectful behaviors and their manifestations in particular socio-cultural contexts. (shrink)

One of the most common policy-related messages that economists present to non-economists is the superiority of cash over in-kind transfers as a policy tool. A good deal of government policy on behalf of the poor consists, of course, of various forms of in-kind assistance, such as medical care or food stamps. However, if we wish to help the poor, the argument goes, in-kind transfers are an inferior way to do so.

With the rise of incivility in organizational settings, coupled with an increase in discriminatory behavior around the world, we explain how these concerns have merged to become a pervasive workplace ethical issue. An ethical-decision making model is presented that is designed to help employees address issues of incivility with a moral response action, using Islamophobia and/or anti-Muslimism as an example. By adopting a proactive moral strength-based approach to embrace and address this issue, we hope to promote respect while also mitigating (...) the lack of its presence. We explicate potential cognitive and affective influences that support an organizational member’s desire and decision to respond to incivility in a reverential manner. Given the propensity for employees to turn away, become apathetic, or to simply ignore wrongdoing, scholars need to illustrate how a path to respectful behavior can be achieved. Our model highlights variables like group norms and anticipated emotions, punctuated by different forms of self-regulation. A Kantian view, underscoring the worth of every person, underpins our appeal. (shrink)

A central reason to worry that managers should not use nudges to influence employees is that doing so fails to treat employees as _rational_ and/or _autonomous_ (RA). Recent nudge defenders have marshaled a powerful line of response against this worry: in general, nudges treat us as the kind of RA agents we are, because nudges are apt to enhance our limited capacities for RA agency by improving our decision-making environments. Applied to managerial nudges, this would mean that when managers nudge (...) their employees, they generally bolster their employees’ limited RA agency and, thus, treat employees as the kinds of RA agents they are. My aim is to vindicate a qualified version of the initial worry from the nudge-defender response and, as a result, provide a clearer, more plausible framework for evaluating managerial nudges than what nudge critics have previously given. I do this, first, by showing how nudge defenders rely on equivocation between two different senses of “treating someone as RA.” The _value-preserving_ notion that supports the nudge-defender prescription to protect and enhance RA capacities is different from the _authority-recognizing_ notion that underwrites the initial worry about nudging. Second, I argue that the authority-recognizing notion of treating someone as RA implies that managerial nudges treat employees as RA just when the nudges are compatible with relating to employees as equals. Third, I explain how, to determine when managerial nudges are compatible with relating to employees as equals, we need to consider how employees surrender aspects of their equal, agency-grounded authority to managers. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with the (...) particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this paper, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I adduce several varieties of (...) respect, then present a primary distinction needed to discern the notion of respect relevant to the putative right. Then I propound the argument that there can be no right to respect and consider some means of challenging its conclusion. In closing, I trace some of the consequences of this argument and suggest how it might motivate a different approach to understanding our most basic obligations to one another. (shrink)

There is surprisingly little attention in Information Technology ethics to respect for persons, either as an ethical issue or as a core value of IT ethics or as a conceptual tool for discussing ethical issues of IT. In this, IT ethics is very different from another field of applied ethics, bioethics, where respect is a core value and conceptual tool. This paper argues that there is value in thinking about ethical issues related to information technologies, especially, though not exclusively, issues (...) concerning identity and identity management, explicitly in terms of respect for persons understood as a core value of IT ethics. After explicating respect for persons, the paper identifies a number of ways in which putting the concept of respect for persons explicitly at the center of both IT practice and IT ethics could be valuable, then examines some of the implicit and problematic assumptions about persons, their identities, and respect that are built into the design, implementation, and use of information technologies and are taken for granted in discussions in IT ethics. The discussion concludes by asking how better conceptions of respect for persons might be better employed in IT contexts or brought better to bear on specific issues concerning identity in IT contexts. (shrink)

In her provocative discussion of the challenge posed to the traditional impartialist, justice-focused conception of morality by the new-wave care perspective in ethics, Annette Baier calls for ‘a “marriage” of the old male and newly articulated female... moral wisdom,’ to produce a new ‘cooperative’ moral theory that ‘harmonize[s] justice and care.’ I want in this paper to play matchmaker, proposing one possible conjugal bonding: a union of two apparently dissimilar modes of what Nel Noddings calls ‘meeting the other morally,’ a (...) wedding of respect and care. (shrink)

In her provocative discussion of the challenge posed to the traditional impartialist, justice-focused conception of morality by the new-wave care perspective in ethics, Annette Baier calls for ‘a “marriage” of the old male and newly articulated female... moral wisdom,’ to produce a new ‘cooperative’ moral theory that ‘harmonize[s] justice and care.’ I want in this paper to play matchmaker, proposing one possible conjugal bonding: a union of two apparently dissimilar modes of what Nel Noddings calls ‘meeting the other morally,’ a (...) wedding of respect and care. (shrink)

One of Han Feizi’s most subtle criticisms of Confucianism targets a central feature of its moral cultivation program, namely an appeal to modelling oneself on ancient sages. According to Han Feizi, this ideal of model emulation is doomed to failure due to imperfect knowledge of past exemplars, the fact that certain ideals of practice may not be applicable to (or catastrophic for) some practitioners, and the additional fact that one cannot always rely on past examples to provide good guidance for (...) future events. As Eric Hutton points out, this line of critique bears striking similarities to one offered by Bernard Williams against virtue ethics. Accordingly, this emulation problem poses difficulties not only for Confucianism, but also more generally for virtue ethics. This paper argues that the emulation problem can be overcome by appealing to the Confucian Xunzi’s account of the role of ritual (li) in moral cultivation. Specifically, the ways in which ritual promotes moral development provide the Confucians (and, by association, virtue ethics) with the means of devising a sufficiently sophisticated account of emulation to meet the challenge lobbied by Han Feizi and Williams. (shrink)