O presente artigo propõe uma abordagem dos direitos humanos a partir da perspectiva de Hume acerca dos sentimentos morais, ao mesmo tempo em que descarta a tese dos programas racionalistas de fundamentação dos direitos que chegam ao ponto de afirmar a existência de direitos naturais que todos possuiriam em razão de sua própria natureza humana. Contra esses programas, a postura cética e naturalista de Hume pode nos auxiliar a explicar o modo como os direitos humanos são enunciados por ativistas e (...) defensores, pois essa enunciação é motivada por paixões, assim como os juízos morais, que são formulados mediante a empatia compassiva que um homem nutre pelo próximo. Os direitos humanos são reivindicados a partir de exigências formuladas dentro de pequenos grupos e desde o contexto das obrigações específicas e, mesmo ao serem reivindicados contra um destinatário específico, os direitos humanos são enunciados como se fossem universais e inatos à espécie humana. Essa enunciação é sempre motivada por sentimentos que não nos permitem permanecer insensíveis às necessidades básicas sofridas por outras pessoas. (shrink)

Estudio y guía didáctica sobre una ética aplicada: Ética para Psicología. -/- Applied Ethics study: Psychoethics .

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Most people would agree that adoption is a good thing for children in need of a family. Yet adoption is often considered a second best or even last resort for parents in making their families. Against this assumption, I explore the unique value of adoption for prospective parents. I begin with a criticism of the selective focus on the value of adoption for only those people using assisted reproductive technologies. I focus on the value of adoption for all prospective parents, (...) reflecting on non-relative, non-procreative adoptions. First, adoption can meet the important need that a child has for a family, whereas procreation creates rather than meets needs. Second, adoption provides a morally noble opportunity to extend to a stranger benefits usually withheld for one's genetic kin. As such, adoption offers a unique possibility in which impartial concern for an other can be the starting point for a lifetime of love and care. Finally, adoptions can have transformative power over adoptive parents’ conception of family and self. In highlighting the unique value of adoption, I aim to challenge the widespread assumption that adoption has second best status to procreation. Indeed adoption can exemplify the human potential for moral compassion and impartial concern for the needs of others. (shrink)

Traditional philosophy has been under attack from several quarters in recent years. The traditional philosopher views philosophy as an armchair discipline relying, for the most part, on reason and reflection. Some philosophers doubt the legitimacy of this type of inquiry. Their arguments usually occur along two dimensions. Some argue that the primary data source for the armchair philosopher--intuition--does not provide evidence for philosophical theories. Others argue that conceptual analysis, which is the preferred method of inquiry for armchair philosophers, can't yield (...) the results the philosopher is looking for, since concepts like 'knowledge' or 'free-will' vary from culture to culture or even between persons within a culture. Finally, some philosophers argue that we should abandon the armchair program because philosophy should be an empirical enterprise continuous with the sciences. I argue that attempts to undermine intuition fail and that one can justify the evidential status of intuition in a non-question begging way. I then argue that attacks on the belief in shared concepts do not succeed because they often conflate the nature of scientific objects with those of interest to the philosopher. However, if concepts do vary from culture to culture, I show that the philosopher need not abandon the armchair. She can still do conceptual analysis but it will be only the entry point into the philosophical dialogue. I apply this approach to epistemology arguing that the central epistemic questions ought to be the existential and the normative. This approach helps to vindicate epistemic internalism. (shrink)

This paper aims at renovating the prospects for social philosophy through a confrontation between pragmatism and critical theory. In particular, it contends that the resources of pragmatism for advancing a project of emancipatory social philosophy have so far been neglected. After contrasting the two major traditions in social philosophy—the analytical and the critical—I proceed to outline the main traits of a pragmatist social philosophy. By inscribing pragmatism within the tradition of social philosophy, my aim is to promote a new understanding (...) of pragmatism as one of the central Euro-American traditions in social and political philosophy, deserving to be on an equal footing with critical theory and political liberalism. And, furthermore, one whose critical and radical force may be of great help in the wake of the dismissal of the metaphysical certainties upon which the critical program of social philosophy had once set its hopes of social emancipation. (shrink)

The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...) justification of the fairness obligation. It is not argued whether both ways of justifying the obligation makes a success, but that they are in need of presupposing that there is a duty for beneficiaries to do their share in return for their benefit. This suggests turning to a duty-based justification of the fairness obligation. (shrink)

Given the current concern in the Soviet Union and East Europe to emancipate public education from its Stalinist past, it is understandable that educators have called for the “humanizing” of education. Yet “humanization” is a none too clear idea and must be approached, I propose, through its opposite: dehumanization. Dehumanization, itself, can be understood as the denial of the dignity of the individual — a cardinal principle of the philosophies that comprise classical and contemporary liberal theory. This principle of the (...) dignity of the individual in turn implies duties for the liberal democratic state to treat all citizens (and for all citizens to treat each other) with equal respect as ends in themselves and equally as choosers of ends, as being, at least in principle, capable of choosing and acting on the ultimate ends in their own lives and as potential “sayers of great words and doers of great deeds” in the common public enterprise. Now in claiming that the principle of the dignity of the individual is central to an understanding of a just and humane society, we do not thereby commit ourselves to those doctrines long associated with liberalism, viz., ontological and moral individualism. The form of political, or united-reformed, liberalism argued for in this paper is clearly compatible with strong forms of community, even authoritarian types of community insofar as they do not transgress the principle of the dignity of the individual as regards informed choice. As decidedly non-perfectionist and agnostic about ultimate goods (tempered by the ban on all public forms of dehumanizing behavior and treatment), this form of political liberalism is neither individualistic nor communitarian, neither capitalist nor socialist (though the state is not indifferent to their fortunes). This rendering of the liberal democratic state sets the requirements for a deep and thorough political education that goes well beyond any familiar example today. In seeking to develop, to “humanize” individuals for a world of thought and action in the common public enterprise, political education — the premier form of education — in a liberal democratic state seeks to develop individuals who are theoretically informed and practically wise — thus the emphasis on the development of rationality in all of its forms. Moreover, despite the formal agnosticism of the state concerning ultimate human ends, a political education requires deep student exposure to and critical assessment of religion, possible ways of life, and those views of the human good that humans throughout history have found worthy of pursuit. And this even if it means that students will come to reject the principle of the dignity of the individual. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable presumption and (...) who has the burden of proof, nor are there formal rules which would end the debate and determine the winner at a specific point. (shrink)

This paper is about the relevance, to the definition of freedom, of values or goods other than freedom. In this respect,its subject matter is not at all new. However, I do believe that new light can be thrown on the nature of this relationship by paying more attention to another relationship – one which exists within the concept of freedom itself. There are two senses in which we can be said to possess freedom. Firstly, there is the sense in which (...) we can be said to be free to do a certain particular thing. Secondly,there is the sense in which we can be said to possess a certain ‘amount’,‘degree’ or ‘quantity’ of freedom, in some overall sense. 1 I believe that most recent accounts of the relationship between freedom and other goods are inconsistent, because they see those other goods as affecting the truth value of claims about freedom in the second sense, but not in the first. (shrink)

ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography is morally wrong rest on (...) assumptions that either may not be true or do not apply to all instances of violent pornography. I also indicate why the only unconditional moral argument against violent pornography—an argument I find reasonable—will not be universally acceptable. Finally, I discuss two alternatives to censoring violent pornography. I argue that the first, which adapts Joel Feinberg's right of reasonable avoidability, is too weak, while the second, which advocates refusing all subsidy and support for violent pornography, is ultimately too strong as a social response in a society committed to freedom. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...) and Kolers further suggest that definitions of parenthood are underpinned by the assumption that ‘being causally implicated in the creation of a child is the key basis for being its parent’.2 This paper examines the claim that genetic relatedness is sufficient grounds for parenthood based on a causal connection between genetic parents and their offspring. I argue that parental obligations are about moral responsibility and not causal responsibility because we are not morally accountable for every consequence to which we causally contribute. My account includes the conditions generally held to apply to moral responsibility, i.e. freedom and foreseeability. I argue that parental responsibilities are generated whenever the birth of a child is a reasonably foreseeable consequence of voluntary actions. I consider the implications of this account for third parties involved in reproductive technologies. I argue that under some conditions the obligations generated by freely and foreseeably causing a child to exist can be justifiably transferred to others. (shrink)

This paper elucidates the rights violations caused by mass formal schooling systems and explores what students may do about them. Students have rights not to be harmed and rights to liberty (not to be oppressed), as well as attendant rights to (proportionately) defend their rights if necessary. For some time now, education has been dominated by mass formal schooling systems that harm and oppress many students. Such harm and oppression violate those students’ rights not to be harmed or oppressed, which (...) may justify student nonviolent defensive (or rights-protecting) action. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.

CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...) tiveram início, a qual para ele assume um caráter divino, Newton aponta para um Deus sábio e poderoso e responsável pela ordem inteligente e pela a harmonia das leis físicas e universais de tudo o que existe – Deus como criador e preservador da ordem do universo. Há ainda a analogia do conceito de Deus com o espaço e o tempo, na medida em que ambos comunicam infinitude e onipresença. Por fim, nas considerações finais apontarei a importância de Newton para a metafísica moderna e como os seus estudos contribuíram para uma visão posterior do universo e suas leis e do homem enquanto ser pensante. (shrink)

What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...) so-called practical intimacy that holds between individuals when they act together. The final section addresses a challenge to the shared agency approach posed by legal wronging in tort law. (shrink)

Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...) the freedoms one possesses and partly on their physical extension. According to the critique, because of its reference to freedoms’ specific value, the partly evaluative approach fails to capture freedoms’ non-specific value, which is what it should capture. In this paper I argue that this critique is unfounded, by showing that even measures of more mundane things, which nevertheless, like freedom, present us with a commensuration problem, sometimes involve evaluative considerations similar to the ones that the partly evaluative approach invokes. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...) (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox. (shrink)

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

Connections between one's own welfare and that of others abound if we pause to look for them, although philosophical theories of selfhood have only very recently begun to incorporate these connections. This essay draws on recent work on need to argue that one of the strongest expressions of these connections is to be found in the relational needs that they can generate. While paying heed to needs that arise from the relational nature of selfhood at large, this essay pays particular (...) attention to what I call “transpersonal needs”: needs that occur when one's experience of the needs of others gives rise to certain needs of one's own. I argue that the best criterion for defining need is vulnerability to harm, but this does not mean that having a need is something that is purely harmful. Having certain needs can also enrich one's life. Further, while every need entails a corresponding vulnerability to harm, some of these potential harms are more detrimental to one's welfare than others, with some relational needs standing among those that can result in the greatest harm if unanswered. (shrink)

A comprehensive account of human kindness.

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to (...) question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights. (shrink)

The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.

The use of rights based arguments to justify claims that donor offspring should have access to information identifying their gamete donor has become increasingly widespread. In this paper, I do not intend to revisit the debate about the validity of such rights. Rather, the purpose is to examine the way that such alleged rights have been implemented by those legislatures that have allowed access to identifying information. I will argue that serious inconsistencies exist between the claim that donor offspring have (...) a right to know the identity of their gamete donor and the way such a right is currently met in practice. I hope to show that in systems where non‐anonymous donation is practised, an understanding of the proclaimed right of donor offspring to know their genetic identity is one composed of two different rights – the right to know the circumstances of their conception and the right to information identifying the gamete donor – can provide important insights into this important area of public policy. (shrink)

Those objecting to human DNA patenting frequently do so on the grounds that the practice violates or threatens human dignity. For example, from 1993 to 1994, more than thirty organizations representing indigenous peoples approved formal declarations objecting to the National Institutes of Health's bid to patent viral DNA taken from subjects in Papua New Guinea and the Solomon Islands. Although these were not patents on human DNA, the organizations argued that the patents could harm and exploit indigenous peoples and violate (...) their cultural values. NIH eventually dropped one of its patent applications.On May 18, 1995, 180 religious leaders, led by biotechnology critic Jeremy Rifkin, held a press conference objecting to DNA patenting in Washington, D.C. In their “Joint Appeal against Human and Animal Patenting,” these leaders decried any attempt to patent nature. Some of the more outspoken members of the Joint Appeal likened DNA patenting to slavery, while others objected to treating human beings as marketable commodities. In his recent book, The Biotech Century, Rifkin rehashed the objections to DNA patenting voiced by members of the Joint Appeal. (shrink)

The Racial and Religious Hatred Act 2006 represents a significant development in UK law. It extends the offence of incitement to racial hatred set out in the Public Order Act 1986 to make it also an offence to stir up hatred against persons on religious grounds. As the most celebrated liberal thinker of the nineteenth century, J.S. Mill might be expected to offer some lessons about the possible dangers of this sort of legislation. A Millian response to the 2006 Act (...) is developed here by first applying Mill’s famous defence of free speech to the Lords amendments to the Racial and Religious Hatred Bill 2005 and then by looking at potential cases in which even freedom of expression loses its immunity when this is necessary to prevent harm to others. Three versions of the harm‐prevention justification for liberty‐limiting restrictions are assessed and it is argued that the most promising version is the claim that it may be permissible to punish incitement to racial and religious hatred not so much because it is itself a kind of harm but by virtue of the acts of discrimination, violence and injustice that are more likely to occur within a climate of hatred. Ultimately, however, this rationale must be weighed against what is, for Mill, the special value of free speech and may in the end justify intervention in only the most acute cases. (shrink)

This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...) because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

Rights, autonomy, privacy, and confidentialityare concepts commonly used in discussionsconcerning genetic information. When theseconcepts are thought of as denoting absolutenorms and values which cannot be overriden byother considerations, conflicts among themnaturally occur.In this paper, these and related notions areexamined in terms of the duties and obligationsmedical professionals and their clients canhave regarding genetic knowledge. It issuggested that while the prevailing idea ofautonomy is unhelpful in the analysis of theseduties, and the ensuing rights, an alternativereading of personal self-determination canprovide a firmer (...) basis for ethical guidelinesand policies in this field. (shrink)

Recent structural innovations in global commerce present difficult challenges for legacy understandings of responsibility. The rise of outsourcing, sub-contracting, and mobile app-based platforms have dramatically restructured relationships between and among economic actors. Though not entirely new, the remarkable rise in the prevalence of these “not-quite-arm’s-length” relationships present difficulties for conceptions of responsibility based on interrogating the past for specifiable actions by blameworthy actors. Iris Marion Young invites investigation of a “social connection model of responsibility” (SCMR) that is, in many ways, (...) better suited to this new commercial reality. Scholars working to understand corporate responsibility have invoked Young’s model to some good effect, though often superficially and uncritically. In this paper, we look closely at Young’s social connection model and its potential for helping us understand corporate responsibility in a radically networked world. (shrink)

Using American football as a point of entry, I approach harmful sports from the perspective of fans’ roles and responsibilities. Given that sports’ profitability is a significant obstacle to reform...

This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.

This paper aims to highlight the role played by uncertainties in global justice theories. It will start by identifying four kinds of uncertainties that could potentially have an impact on the nature, content and very existence of global duties: first, uncertainties regarding the causes of global injustices; second, uncertainties regarding the consequences of global justice initiatives; third, uncertainties pertaining to the 'imperfect' character of certain global duties; and fourth, uncertainties regarding the conduct of others. It will discuss each of these (...) uncertainties in turn, with particular attention to their normative implications, their distinctively 'global' source, and the possibility of their being addressed. It will conclude with some reflections on how the normative issues raised by uncertainties related to spatial distance compare to those raised by uncertainties related to temporal distance. (shrink)

The perspectives of the dominant Western ethical theories, have dominated the concepts of autonomy and informed consent for many years. Recently this dominant understanding has been challenged by ethics of care which, although, also emanates from the West presents a more nuanced concept: relational autonomy, which is more faithful to our human experience. By paying particular attention to relational autonomy, particularity and Process approach to ethical deliberations in ethics of care, this paper seeks to construct a concept of informed consent (...) from the perspective of ethics of care which is here called relational autonomy-in-informed consent (RAIC). Thus, providing a broader theoretical basis for informed consent beyond the usual theoretical perspectives that are particularly Western. Care ethics provides such a broader basis because it appeals to a global perspective that encompasses lessons from other cultures, and this will help to enrich the current ideas of bioethics principles of autonomy and informed consent. This objective will be achieved by exploring the ethics of care emphasis on relationships based on a universal experience of caring; and by contrasting its concept of autonomy as relational with the understanding of autonomy in the approaches of the dominant moral theories that reflect rational, individualistic, and rights-oriented autonomy of the American liberalism. (shrink)

Many maintain that if a beneficiary has a right to a benefit provided by his benefactor, then the former cannot owe the latter gratitude for that benefit. In this paper I argue against that view. I provide examples in which benefactors provide others with benefits to which they have a right even though most others are denying them that right. These benefactors are moral standouts; they do what is right when most similarly situated agents fail to do so. I then (...) spell out some of the features of these benefactors’ actions that make them worthy of gratitude. (shrink)

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

The operating assumption in mostdiscussions of health policy is that governmenthas some responsibility for the health of itscitizens and that it may legitimately tax,subsidize, and regulate its citizens in theexercise of that responsibility. On thisassumption, public obligations to HIV/AIDSpatients are a function of their needs inrelationship to other health needs. This paperchallenges the operating assumption by arguingthat it cannot be grounded in the obligationsthat individuals have to each other.The paper rests on its own assumption: themoral theory of individualism. On this (...) theory,individuals are ends in themselves who have theright to choose their own actions and uses oftheir resources; they do not have unchosenobligations to help others. In regard toHIV/AIDS patients, consequently, individualshave no duty to help, nor any other obligationbeyond that of respecting their rights; andthere is no valid basis for governmentregulations or subsidies on their behalf.The paper argues against the two approachescommonly used to defend a more expansive viewof individual obligations and the role ofgovernment. The first is the assumption ofwelfare rights to goods and services; thesecond is the assumption that distributivejustice requires some redistribution of healthcare resources. (shrink)

According to what we could call the "liberal" theory of distributive justice, people do not deserve the money they are able to make in the market for contributing to the economy. Yet the standard arguments for that view, which center on the fact that persons have very limited control over the size of their contributions, would also seem to imply that persons cannot deserve admiration, appreciation, esteem, praise and so on for these and other contributions. The control asymmetry is this: (...) the first conclusion of these arguments is acceptable but the second not. This paper is an effort to defend that claim, but without appeal to the notion of control. (shrink)

In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is that it (...) cannot account for public decency laws. I shall reject both of these underinclusiveness objections in favor of one that focuses on the “free floating evil” of corpse desecration. Liberals need “pure” legal moralism (PLM) to explain their support for a criminal ban on mistreatment of the dead. I also argue that while deterrence is plausibly regarded as the primary rationale for criminalizing and punishing wrongs like murder or rape, it is not plausibly regarded as any part of the rationale for criminalizing free floating evils. The point of punishing corpse desecrators has to be either retribution or the promotion of virtue/discouraging of vice. Finally, I consider Feinberg’s reason for rejecting all PLM, namely, that competent adults have a right to personal sovereignty or autonomy, and the state’s duty to respect that right trumps the desirability of punishing or reducing the vice associated with harmless immorality. I argue that Feinberg’s argument here fails because it exaggerates the right’s strength and scope. (shrink)