Academic freedom is often regarded as an absolute value of higher education institutions. Traditionally, its value is related to such topics as tenure, and the need for academic work to be free from undue political influence and other pressures that can challenge time-consuming research processes. However, when an analysis of student freedom begins with arguments about free research and free speech, undergirded as they generally are by liberal political philosophy, other considerations, related to broader views of freedom, can slip through (...) the cracks. In this essay, I want to take a step back from typical discussions of academic freedom, to take a broader perspective, before considering how freedom relates to student experience. The first part of this essay explores diverse elaborations and defences of freedom: How it is upheld in the liberal philosophy of Kant, the critical pedagogy of Freire, existentialism, and the capabilities approach to development. Exploring the often contrasting insights and implications of these views, I then connect relevant theoretical understandings derived from them to an exploration of the experience of freedom and of students. This essay thus considers how student freedom, and student academic freedom, are more precarious concepts than typically assumed. (shrink)

ABSTRACT:Central to the United Nations Framework setting out the human rights responsibilities of corporations proposed by John Ruggie is the principle that corporations have a responsibility to respect human rights in their operations whether or not doing so is required by law and whether or not human rights laws are actively enforced. Ruggie proposes that corporations should respect this principle in their strategic management and day-to-day operations for reasons of corporate (enlightened) self-interest. This paper identifies this as a serious weakness (...) and argues that identifying the responsibility to respect human rights as an explicitly ethical obligation to be respected for that reason would provide a much stronger justificatory foundation for respecting the principle seen from a corporate perspective, given that corporations are accountable to their shareholders for their deployment of the firm’s financial resources. (shrink)

Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people’s autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to a second-class moral (...) status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns. (shrink)

A central issue in Chinese philosophy today is the relationship between Confucianism and democracy. While some political figures have argued that Confucian values justify non-democratic forms of government, many scholars have argued that Confucianism can provide justification for democracy, though this Confucian democracy will differ substantially from liberal democracy. These scholars believe it is important for Chinese culture to develop its own conception of democracy using Confucian values, drawn mainly from Kongzi (Confucius) and Mengzi (Mencius), as the basis. This essay (...) describes some obstacles to this form of Confucian democracy. It argues that considering the political philosophies of Kongzi and Mengzi in the context of their views on personal cultivation reveals that they oppose some of the central assumptions of democracy. They do not trust the public to make good decisions, and advocate government for the people, but not by the people. These philosophies alone cannot generate democracy. (shrink)

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in considerations (...) of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (shrink)

Many international declarations state that human beings have a human right to health care. However, is there a human right to health care? What grounds this right, and who has the corresponding duties to promote this right? Elsewhere, I have argued that human beings have human rights to the fundamental conditions for pursuing a good life. Drawing on this fundamental conditions approach of human rights, I offer a novel way of grounding a human right to health care.

In 2007, the Ethics and Governance Council of the UK Biobank commissioned a Report on ‘Concepts of Public Good and Pubic Interest in Access Policies’. This study considered the Biobank’s role as a ‘public good’ in respect to supporting and promoting health throughout society. However, the conditions under which access by third parties to UK Biobank are justified in the public interest have not been well considered. In this article, I propose to analyse the conditions that should allow such access. (...) My argument develops UK Biobank’s function as a ‘public good’ and in terms of its responsibilities as a public health institution; both to protect the rights of the participants and in having a role in reinforcing public goals. Although these two tasks may conflict, it is possible that resolute opposition to some third-party access demands—if properly justified in terms of a public interest—will be damaging to, rather than protective of, participants’ rights. To illustrate my argument, I consider the appropriate response to an extraordinary public emergency , such as a serious criminal investigation or disaster response, in terms of an ethical access policy. (shrink)

Human dignity has long been used as a foundational principle in policy documents and ethical guidelines intended to govern various forms of biomedical research. Despite the vast amount of literature concerning human dignity and embryonic tissues, the majority of biomedical research uses non-embryonic human tissue. Therefore, this contribution addresses a notable lacuna in the literature: the relationship, if any, between human dignity and human tissue. This paper first elaborates a multidimensional understanding of human dignity that overcomes many of the shortcomings (...) associated with the use of human dignity in other ethical debates. Second, it discusses the relationship between such an understanding of human dignity and ‘non-embryonic’ human tissue. Finally, it considers the implications of this relationship for biomedical research and practice involving human tissue. The contribution demonstrates that while human tissue cannot be said to have human dignity, human dignity is nevertheless implicated by human tissue, making what is done with human tissue and how it is done worthy of moral consideration. (shrink)

The question of the moral status of AI and the extent to which that status ought to be recognised by societal institutions is one that has not yet received a satisfactory answer from lawyers. This paper seeks to provide a solution to the problem by defending a moral foundation for the recognition of legal personhood for AI, requiring the status to be granted should a threshold criterion be reached. The threshold proposed will be bare, noumenal agency in the Kantian sense. (...) Agency has been identified by Alan Gewirth as the source of the rights claims of our own species and, at risk of contradiction, is a foundation that must be expanded to all agents or else we contradict the foundation of our own rights. This is something that ought to be recognised through the granting of legal personhood to all noumenal agents by any system that requires such personhood for the enforcement of rights, or else the rule restricting legal personhood cannot be seen as a valid legal norm. Having laid out the case, the paper will move on to defend this natural law conception against the narrower definition of legal personhood proposed by Bryson et al. with regards to AI. It will argue that bare agency is a sufficient, though not necessary, criterion for the ascription of legal personhood in any system that sees the status as necessary for the ascription of legal rights. The paper will conclude by analysing the proposals currently making their way through the legislatures of the UK and European Union. They will be assessed for their compatibility with the claim that a functioning legal system necessarily must recognise the legal personhood of all noumenal agents regardless of their origins, and whether they are future-proofed for the possibility that AI may meet this threshold. (shrink)

Autonomy and consent have been central values in Western moral and political thought for centuries. One way of understanding the bioethical models that started to develop, especially in the 1970s, is that they were about the fusion of a long-standing professional ethics with the core values underpinning modern political institutions. That there was a need for this kind of fusion is difficult to dispute, especially since the provision of health care has in most developed countries become an ever more important (...) concern of our political institutions, with governments playing a significant role in regulating and facilitating the provision of health care and in many countries even largely organizing it. There is, nevertheless, still room for dispute about how best to achieve this fusion and how to best think about autonomy and consent in a biomedical context. The simplest model we can have is probably about how being a person is largely about having the capacity of autonomous choice and that the main mode through which we exercise autonomy is by providing informed consent. Yet, liberal democracy's core idea that human beings have a high and equal value is also found in other accounts of the person. The human-rights framework provides an alternative model for thinking about personhood and about patient care. The human-rights approach is grounded, not in an account of autonomy, but in an account of the moral and political personhood that people possess merely by being human beings. In this approach, values like dignity and integrity, both highly relevant in a bioethical context, are identified as distinct values rather than being derived from and therefore reduced to respect for autonomous choice. The human-rights approach can supplement the problematic notion of autonomy that has been central to bioethics by placing this notion in a broader, strongly pluralistic framework. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

We argue that the current ethical and regulatory framework for permissible risk levels in pediatric research can be helpfully understood in terms of children’s moral right to adequate protection from harm. Our analysis provides a rationale for what we propose as the highest level of permissible risk in pediatric research without the prospect of direct benefit: what we call “relatively minor” risk. We clarify the justification behind the usual standards of “minimal risk” and “a minor increase over minimal risk” and (...) explain why it is permissible to impose any risks at all on child participants who do not stand to benefit directly from enrollment in research. Finally, we illuminate some aspects of the concept of “best interests.”. (shrink)

The recent transnational wave of destruction that was caused by the earthquake-induced tsunamis in South East Asia has raised the issue of global justice in terms of the rights of victims to expect aid relief and the moral responsibility of the rest of the world to provide it. In this paper I will discuss the issue of global ethics in terms of positive rights that people have to assistance from others when they cannot provide such assistance themselves. The main object (...) of the paper is to demonstrate that positive rights are universal and global in scope and cannot therefore be restricted by any national, religious, cultural or other social boundaries. Such rights provide a rational and ethical foundation for global justice that is cosmopolitan. The argument for the position offered in the paper will be broadly based on the moral philosophy of Alan Gewirth.1. (shrink)

Alan Gewirth’s work on moral and political philosophy attracted a great deal of attention between 1978 and 2000, but has received very little attention since then. This essay aims to revive interest in Gewirth’s work by providing a more direct and straightforward version of his core argument for objective moral rights and duties and clarifying how a Gewirthian moral and political theory can proceed beyond the conclusion of the core argument.

Much critical attention has been given to Alan Gewirth’s argument concerning agents’ move from prudential to moral right-claims. Less ink has been spilled on the question of why prudent agents should claim rights to goods needed by agents in general rather than to goods needed for the realization of their individual and particular purposes. In this paper, I intend to show that Gewirth’s concept of prudence makes it necessary for agents to identify with the role of a generic agent and (...) that this identification provides them with rationally valid reasons not only to claim prudential rights to freedom and well-being but also to recognize a moral principle stating that all agents have these rights. More generally, my argument points to the central role played by the concept of prudence in his theory. (shrink)

Good journalism is based—and to some extent thrives—on a diversity of perspectives from those who supply information and informed opinions to the public. New media journalism is a contemporary newsgathering and disseminating method with enormous communication potential because it is an online forum that can connect a great number of diverse contributors and audiences. Citizen journalism—performed on a global level through the Web—is a potential marvel because of its wide reach and range of diversity. This paper offers an examination and (...) philosophical analysis that shows which facets of new media information ethics and epistemology can be reconciled with universal ethical and epistemological principles and which, if any, cannot. To that end, we wish to provide groundwork for the description and critical evaluation of universal ethical and epistemic standards consistent with the phenomenon of new media journalism. (shrink)

Policy debates surrounding poverty and inequality often focus on practical solutions and seldom explore the normative underpinning that would justify our concerns with these phenomena. Why should we care about poverty, or about inequality? From a philosophical standpoint, can we separate the two, such that it is possible to be deeply concerned about poverty but unconcerned about inequalities? Do our reasons for caring about one contrast with our reasons for caring about the other? While there is a growing empirical literature (...) exploring the mechanisms connecting the two, the philosophical literature has seldom focused on their relationship. Firstly, this paper provides a clear map of the philosophical debate, clarifying the normative assumptions that underlie positions conceptually prioritizing inequality and poverty respectively. Secondly, the paper suggests ‘a pluralist approach’, that stresses the overlap of our normative concerns with poverty and inequality and highlights parallel problems that restrictive interpretations of these concepts face, pointing to the importance of considering broader phenomena and processes (such as deprivation and exclusion) that illuminate the relationship between the two. (shrink)

This paper argue that loneliness is a public health ethics issue and maps a research agenda for bioethicists.

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

ABSTRACTThis article argues that the normative foundations and political implications of David Held's cosmopolitan social democracy are insufficient as solutions to the moral and social problems he criticizes. The article develops a life-grounded alternative critique of globalization that roots our ethical duties towards each other in consciousness of our shared needs and capabilities. These ethical duties are best realized in political projects aimed at fundamental long-term transformations in the principles that govern major socio-economic institutions.

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

El presente artículo tiene como objetivo llevar a cabo una revisión del concepto de agencia en dos propuestas actuales de fundamentación de los derechos humanos, con el fin de mostrar las falencias de la concepción naturalista y sentar las bases para una fundamentación alternativa, desde un enfoque no cognitivista. Para ello consideramos que es preciso determinar en qué medida el concepto de agente retoma la idea naturalista de la atribución de derechos en virtud de los rasgos propiamente humanos. Nuestra hipótesis (...) es que esta interpretación opaca algunos elementos de las teorías contemporáneas que pueden ser dilucidados a la luz de la epistemología moral y la metaética. (shrink)

Taking the work of Amartya Sen as a point of departure, a case is made that there may be no single policy with as many potential benefits as a guaranteed job at a living wage–benefits package for every person ready and willing to work. The case is outlined in 4 arguments. Along the way, numerous social and economic costs of unemployment and underemployment and benefits of full employment are catalogued. Reference is also made to how the right to employment is (...) supported by a variety of arguments for social justice, an area in which Sen has made important contributions. (shrink)

In a series of papers in the early 1970s and in his important book _Abortion and the Sanctity of Human Life_ (1975), Baruch Brody offered what remains to this day one of the most philosophically rigorous contributions to the debate concerning the morality of abortion and the ethics of homicide more generally. In this paper I would like to critically examine Brody’s argument that abortion is sometimes justifiable in some cases even when (1) one cannot claim self-defense, or (2) diminished (...) responsibility, and (3) the abortion is a ‘killing’ rather than a ‘not saving.’ This justification, I argue, is limited to certain cases in which the life of the mother is at stake. The cautious principle which he finally formulates merits serious attention and consideration. While I find a great deal of value in Brody’s discussion, I will argue that there are several difficulties with the principle of justifiable homicide he constructs. Accordingly, I will further amend and supplement his final version by offering my own alternative principle. (shrink)

The idea of human rights either as a moral system or as a set of legal practices does not sit well with the concept of honor. This is true for both ontological reasons and because of some reprehensible misuses of the term in constructs such as “honor killings.” Yet the absence of honor as an argument for human rights comes with a high cost in the defense of human rights generally. As Hobbes made clear in his early theory, rights—and dignity—are (...) grounded in the human capacity to make promises and in the necessity of honoring them. In his view then, honor is an essential feature of human rights and one closely linked to the human capacity for dignity. In this article, I explore how environmental human rights place a renewed emphasis on honor as a requirement for the protection of the rights of future generations. In the process, I explore the general relationship between honor, dignity, and human rights. (shrink)

In a recent paper in Business Ethics Quarterly Professor Jeffrey Moriarty (2005) asserted the relevance of political philosophy to business ethics. Moriarty asked whether "businesses ought to be run (more) like states" and argued why that might be beneficial. This paper on the contrary asserts that there are distinct disadvantages to businesses attempting to be run more like states. Specifically, it asserts that any such an attempt increases the likelihood of the re-emergence of a totalitarian society as businesses currently often (...) act as an intermediary between the individual and the state. The paper contemplates Moeller's ambitions in the Weimar period for the business to be run like a state and the historical outcome of those ambitions. The paper also distinguishes between two different kinds of rights and argues that different kinds of rights pertain to different sectors which preclude business being run like a state. (shrink)

This paper provides a general philosophical groundwork for the theoretical and applied normative evaluation of information generally and digital information specifically in relation to the good life. The overall aim of the paper is to address the question of how Information Ethics and computer ethics more generally can be expanded to include more centrally the issue of how and to what extent information relates and contributes to the quality of life or the good life , for individuals and for society. (...) To answer that question, the paper explores and provides by way of a theoretical groundwork for further research, the concept of wisdom understood as a type of meta - knowledge as well as a type of meta - virtue , which can enable one to both know in principle what a good life is and how to successfully apply that knowledge in living such a life in practice. This answer will be based on the main argument presented in this paper that the notion of wisdom understood as being at once a meta - epistemological , meta - axiological and meta - eudemonic concept, provides the essential conceptual link between information on the one hand and the good life on the other. If, as we are told, this is the Age of Information, both the theoretical examination and analysis of the question of how information relates to the good life and the provision of an adequate answer to that question are essential for developing a deeper understanding of how to evaluate the theoretical and practical implications and ramifications of information for the good life, for individuals and societies generally. (shrink)

The purpose of the present paper is: (1) to outline a conceptual framework useful for the analysis of ethical issues raised by goal-directed activities, (2) to apply this framework to nanoscale research, (3) identify some of the main challenges in the evaluation of such research, and (4) exemplify what is needed for a positive answer to the question “How can nanoscale research improve the quality of life?” A basic idea of the paper is that nanoscale research can improve the conditions (...) and quality of life of large groups in society, provided that: (a) this research is directed at certain generally accepted goals, (b) at least some of the opportunities are exploited for the good of mankind, (c) the key obstacles on the road are eliminated, reduced or circumvented, and (d) this is done in ethically acceptable ways. (shrink)