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)

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.

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)

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)

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.

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

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)

This paper discusses Rawls’s thesis that the social basis of self-respect is one of the primarysocial goods. While the central element of the social basis consists in the attitudes of others(e.g. respect or esteem) the social basis may include also possession of various goods. Further,one may distinguish, following Honneth, universalistic basic respect from differential esteem andfrom loving care. This paper focuses on esteem, and further distinguishes three importantvarieties thereof (anti-stigmatization; contributions to societal goods, projects of self-realization),which all differ from recognition (...) of cultural identity. The normative implications will differ in these different contexts. (shrink)

In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...) and that these latter can be employed in a general assessment of their pro and con. I will first show the conceptual relationship between rights and duties, analyzing in the process a deflationary argument for rights. Second, I will define the general features of moral conflict and dilemma. I will then analyze the different readings that can be given, taking rights or duties as standpoints, of two kinds of moral conflicts: «asymmetric» and «symmetric» conflicts. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

Are we free? What does "freedom" mean here? In the following, I shall only focus with freedom of action. My main thesis is that there is not just one basic type of free action but more. Philosophers, however, tend to assume that there is just one way to act freely. Hence, a more detailed analysis of free action is being called for. I will distinguish between different kinds of free action and discuss the relations between them. The analysis of different (...) types of coercion will lead to a different view on freedom – a view which stresses the many faces of free action. (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)

J. Angelo Corlett ABSTRACT: This is a paper on the philosophy of sport or the ethics of sport more specifically. It provides a critical assessment of a particular feminist approach to a specific issue in the ethics of sport with regard to what some feminist scholars refer to as the ‘sexualizing’ of women in sport...

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 study was designed to explore the concept of witnessed resuscitation. This was achieved through a serial approach to conceptually based research that systematically and incrementally developed understanding of the meaning of witnessed resuscitation in the context of emergency resuscitative care for adult victims of cardiorespiratory arrest. Theoretical investigation provided a strong conceptual foundation of existing knowledge and gave direction for further inquiry. Existential investigation comprised a hermeneuticphenomenological study to explore the phenomenon of lay presence during an adult cardiopulmonary resuscitation (...) attempt. Lived-experience material was subjected to thematic analysis and was revealing of five concepts that represented the essential nature of the lived experience. The concept of exposure emerged as the essence of this phenomenon. Research findings derived during theoretical and existential investigation were compared by adapting a method of template comparison. This process culminated in a synthesised conceptualisation of the meaning of witnessed resuscitation of a higher level of abstraction. Ongoing research is needed to determine whether this ‘state of the art’ conceptualisation of witnessed resuscitation holds its boundaries when applied to alternative phenomena, contexts and disciplines. Priority should be given to exploring the application of this concept in the context of patient and family-centred end-of-life care. (shrink)

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)