The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers for (...) intervention by one society against another. (shrink)

Like the ‘thoughts and prayers’ so commonly offered by politicians in the aftermath of disaster, it is incredibly common to hear ‘autonomy and dignity’ invoked together in response to some threat to human wellbeing. As such, it seems natural to assume they must bear some kind of relation to one another. But are they merely two core human interests, that happen to be vulnerable to the same kinds of threat? Or are they interrelated in a deeper way? What I aim (...) to do in this chapter is draw on the philosophical literature on both concepts to consider how they might be connected, and explore whether certain ways of connecting them are more fruitful than others. I argue that the two most prominent connections drawn in the philosophical literature – that dignity is grounded in autonomy, and that respect for dignity is synonymous with respect for autonomy – are both highly problematic. Instead, I suggest we see autonomy and dignity as mutually supportive. Doing so has both practical and theoretical benefits: it can help us identify threats to both autonomy and dignity; and it exposes theoretical lacunae, especially within the autonomy literature. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...) defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right thus has a (...) tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

This paper problematizes the concept of individual autonomy in the on-going project of attempting to understand and construct global principles of bioethics. We argue that autonomy as it is commonly defined and interpreted, and the emphasis that is placed on it, presupposes an individualistic concept of the self, family, and community that arises out of a Euro-Western liberal tradition and that is often in tension with various non-Western perspectives. We conclude that a more globally dialogical approach to bioethics is required.

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

Against the well-established critical rejection of rights a growing literature in the tradition of agonistic democracy asserts their emancipatory role in the struggles for social change. However, agonistic theorists, invested as they are in the idea of democratic innovation as a process of gradual ‘augmentation’ of existing rules, institutions and practices, fail to account for the ruptural capacity, and hence for the full radical potential, of rights. Using the performative approach, I develop a conception of rights claiming as a defiant (...) practice to express the ruptural dimension of certain forms of rights politics. I demonstrate how defiant rights claiming articulates immanent critique by declaring the incapacity of putative duty-bearer institutions and governments to uphold the claimed right due to structural constraints, thereby generating inevitable contradictions within the extant order and creating the necessity for an alternative one. Moreover, in order to fully capture the emancipatory potential and creative capacity of rights, this article argues for understanding certain forms of rights politics both as augmentation and rupture, taking the two to be different dimensions of the same radical democratic practice. I present the creative use of rights discourse by the Landless Workers’ Movement in Brazil and the transnational network of agrarian movements, La Via Campesina, as precisely such a combination of the practice of augmentation and defiant claims, which has led to the transformation of the right to food and land into the right to food sovereignty, demonstration of the structural embeddedness of rights violations in the existing global regime of food production and distribution, and authorisation of an alternative vision of the future. (shrink)

Is there a difference between human beings and those based on artificial intelligence that would affect their ability to be subjects of dignity? This paper first examines the philosophical notion of dignity as Immanuel Kant derives it from the moral autonomy of the individual. It then asks whether animals and AI systems can claim Kantian dignity or whether there is a sharp divide between human beings, animals and AI systems regarding their ability to be subjects of dignity. How this question (...) is answered depends crucially on one’s understanding of what constitutes human dignity and autonomy, and what requirements one places upon systems in order for them to be seen as morally autonomous. (shrink)

The Internet of Things (IoT) is, in part, an information handling system that can remove humans from the information handling process. The particular problem explored is how we are to understand privacy when considering informational systems that handle personal information in ways that impact people’s lives when there is no human operator in direct contact with that personal information. I argue that these new technologies need to take concepts like privacy into account, but also, that we ought also to take (...) these technologies into account to reconsider and perhaps reconceptualise privacy. This paper argues that while an inhuman system like the IoT does not necessarily violate the interpersonal privacy of people, if the IoT is used as part of a state surveillance program, a political notion of privacy may be violated. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

Journal of Political Philosophy, EarlyView.

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine (...) how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: as a matter of scope, and as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

This paper critically assesses existing accounts of the nature of difficulty, finds them wanting, and proposes a new account. The concept of difficulty is routinely invoked in debates regarding degrees of moral responsibility, and the value of achievement. Until recently, however, there has not been any sustained attempt to provide an account of the nature of difficulty itself. This has changed with Gwen Bradford’s Achievement, which argues that difficulty is a matter of how much intense effort is expended. But while (...) this account captures something important about the relationship between difficulty and achievement, it fails to account for the fact that part of what makes achievements great is that they are difficult in a moderately agent-neutral kind of way. Nor is this thought captured by any other extant account. I argue that to fill this gap we should think of difficulty in terms of low probability of success. (shrink)

This article responds to Nicholas Wolterstorff's attempt to ground human rights in the condition of being loved by God.

The United Nation’s mandate to engineer international peacecraft is correlated with the promotion of universal human rights. Universal human rights are held to apply consistently to everyone everywhere without conceivable exception. There is some debate as to whether universal human rights possibly exist. This debate centers around two difficulties: 1) the task of identifying a single trait or capability that all human beings necessarily share, and 2) the task of relating human rights to this trait or capability. Conventional epistemic justifications (...) defending the existence of universal human rights attempt to address both difficulties. However, they have become the focus of numerous criticisms. By conducting systematizing and critically reviewing text analyses, I will conclude that conventional epistemic justifications are unable to refute standard criticisms satisfactorily. In their place, I will introduce an epistemic justification from the philosophy of mind. I will attempt to demonstrate that this justification is capable of 1) identifying a single trait that all human beings necessarily share, 2) relating human rights to this trait, and 3) satisfactorily refuting the standard criticisms raised against conventional epistemic theories. I have produced this paper in the hope of further legitimizing the UN’s mandate to engineer international peacecraft by providing a more philosophically optimal justification of claims affirming the existence of universal human rights. (shrink)

Achievements have recently begun to attract increased attention from value theorists. One recurring idea in this budding literature is that one important factor determining the magnitude or value of an achievement is the amount of effort the achiever invested. The aim of this paper is to present the most plausible version of this idea. This advances the current state of debate where authors are invoking substantially different notions of effort and are thus talking past each other. While the concept of (...) effort has been invoked in the philosophical analysis of a number of important concepts such as desert, attention, competence, and distributive justice, it has hardly ever been analyzed itself. This paper makes headway in this regard by discussing three ambiguities in the everyday notion of effort. It continues to develop two accounts of effort and shows how both of them are achievement-enhancing. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

Linkage arguments, which defend a controversial right by showing that it is indispensable or highly useful to an uncontroversial right, are sometimes used to defend the right to health care. This article evaluates such arguments when used to defend RHC. Three common errors in using linkage arguments are neglecting levels of implementation, expanding the scope of the supported right beyond its uncontroversial domain, and giving too much credit to the supporting right for outcomes in its area. A familiar linkage argument (...) for RHC focuses on its contributions to the right to life. Among the problems with this argument are that it requires a positive conception of the right to life that is not uncontroversial and that it only justifies the subset of RHC that seeks to prevent loss of life. A linkage argument for RHC with better prospects claims that a well-realized right to health care enhances the realization of a number of uncontroversial rights. (shrink)

Recent efforts by legislative officials and public health advocates to reform the US food stamp program, or Supplemental Nutrition Assistance Program, have focused on restricting the types of foods eligible for purchase with SNAP benefits, specifically sugar-sweetened beverages. We argue that it is, in principle, permissible for the US government to enact a SNAP-specific SSB ban prohibiting the purchase of SSBs with SNAP benefits. While the government has a duty to ensure that citizens meet their nutritional needs, since SSBs provide (...) negligible nutrition, it has no obligation to subsidize them. Additionally, there is good reason to think that a SNAP-specific SSB ban would enable the government to better fulfill two other duties—improving citizens’ health and providing public services like Medicaid and Medicare in a more cost-effective manner. Still, because the costs and benefits of such a ban remain uncertain, we argue that the government should conduct well-designed pilot projects to help determine the effects of an SSB ban. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

In addressing the shape of appropriate gun policy, this essay assumes for the sake of discussion that there is a legal and moral right to private gun ownership. My thesis is that, against the background of this right, the most defensible policy approach in the United States would feature moderate gun control. The first section summarizes the American gun control status quo and characterizes what I call “moderate gun control.” The next section states and rebuts six leading arguments against this (...) general approach to gun policy. The section that follows presents a positive case for moderate gun control that emphasizes safety in the home and society as well as rights whose enforcement entails some limits or qualifications on the right to bear arms. A final section shows how the recommended gun regulations address legitimate purposes, rather than imposing arbitrary restrictions on gun rights, and offers concluding reflections. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly diagnosed: Do human rights as (...) a whole get due priority? Have feasibility considerations inherent in human rights been considered, and the possibility of bringing in additional dutybearers? If a conflict among human rights is genuine, formal principles for priority setting are of some help. Sometimes, it is clear that these should be “upgraded” to substantive principles and sometimes that they should not. Many cases, however, are as yet unclear and will need further investigation. (shrink)

Collective intentionality is one of the most fundamental notions in social ontology. However, it is often thought to refer to a capacity which does not presuppose the existence of any other social facts. This chapter critically examines this view from the perspective of one specific theory of collective intentionality, the theory of Margaret Gilbert. On the basis of Gilbert’s arguments, the chapter claims that collective intentionality is a highly contingent achievement of complex social practices and, thus, not a basic social (...) phenomenon. The argument proceeds in three steps. First, Gilbert’s thesis that certain kinds of collective intentionality presuppose joint normative commitments is introduced. Second, it is argued that, on this view, individual commitments can only constitute the relevant kinds of collective intentional states if there are socially shared “principles of membership” that connect the force of individual commitments to a shared content. Third, it is shown that strong collective intentionality depends on the practical acceptance of shared norms and on the establishment of authority relations through mutual recognition. (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

According to Doris Schroeder, the view that human rights derive from human dignity should be rejected. She thinks that this is the case for three different reasons: the first has to do with the fact that the dominant concept of dignity is based on religious beliefs which will do no justificatory work in a secular society; the second is that the dominant secular view of dignity, which is the Kantian view, does not provide us with a justification of human rights, (...) i.e. rights all humans have; and the third reason has to do with the fact that dignity is understood in too many different ways to provide us with a justification of human rights. It is argued in this paper that none of these reasons for separating human rights from human dignity is convincing. It is true, it will be argued, that some accounts of dignity will not be successful in justifying human rights. But there is no reason to assume that no account of human dignity is capable of doing this. In the final part of the paper a concept of human dignity is presented that could indeed provide us with a justificatory basis for human rights. (shrink)

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)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (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)

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)

Abstract: This article provides an account of the meaning of reparations and presents a brief explanation as to why African Americans believe they are entitled to reparations from the United States government. It then goes on to explain why reparations are necessary to address the distrust that is thought to exist between many African Americans and their government. Finally, it rejects the belief that reparations require reconciliation.

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

In this thesis, I will explore the epistemological evolutionary debunking arguments in meta-ethics. I will defend these arguments by accomplishing two tasks: I will offer the best way to understand the EDA and I will also respond to two strongest objections to the EDA. Firstly, in Part I of this thesis, I will offer my account of how the EDA should be best formulated. I will start from how evolution has significantly influenced our moral beliefs. I will then explain why, (...) due to their evolutionary origin, our moral beliefs are not tracking the moral truth reliably. Furthermore, I will argue that the fact that our moral beliefs are not tracking the moral truth also provides an undercutting and a higher-order defeater for those beliefs. As a result, I will conclude that the epistemic status of our moral beliefs is undermined because of these two kinds of defeaters. Secondly, in Part II of this thesis, I will turn my attention to the two strongest objections to the EDA – the Conceptual Truth Objection and the Third Factor Objection. I will first offer two responses to the Conceptual Truth Objection and, based on these two responses, I will argue that the Conceptual Truth Objection fails as a challenge to the EDA. I will then also argue that there currently doesn’t exist an acceptable version of the Third Factor Objection and it is also unlikely that such a version could be constructed in the future. I will finally conclude that both objections are problematic and they are thus unable to give us reason to doubt the EDA. (shrink)

Social scientists, political scientists and philosophers debate key concepts such as democracy, power and autonomy. Contested concepts like these pose questions: Are terms such as “democracy” hopelessly ambiguous? How can two theorists defend alternative accounts of democracy without talking past each other? How can we understand debates in which theorists disagree about what democracy is? This paper first discusses the popular strategy to answer these questions by appealing to Rawls’s distinction between concepts and conceptions. According to this approach, defenders of (...) rival conceptions of, e.g. justice can disagree without talking past each other because they share the concept of justice. It is argued that this idea is attractive but limited in application and that it fails to do justice to the dynamic and normative aspects of concept formation. Reflective equilibrium is then suggested as an alternative approach. It replaces the static contrast between a conceptual ‘core’ and competing conceptions by a dynamic perspective of concept formation as a partly normative undertaking: pre-theoretic language use and commitments can provide a shared starting point for developing alternative accounts which yield different concepts of, e.g. justice. This perspective provides a new understanding of how it is possible that different theorists defend rival accounts of, e.g. justice, without talking past each other. (shrink)

In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...) and normative frameworks from free speech theory can be used to help extend the argument for regulating dangerous dual-use research beyond overly simplistic cost-benefit reasoning, but without reverting to an implausibly absolutist view of scientific autonomy. (shrink)

As political instruments, human rights can be challenged in two important ways: first, by undermining the claim to universality by appealing to a kind of cultural relativism, and second, by accusing human rights of unjustifiably imposing values that are not genuinely universal (which I dub the problem of parochialism). The human right to health is no exception. If a human right to health is to be a useful instrument in mobilizing action for global health justice, then we need to take (...) seriously the ways that health intersects with culture. Universal applicability is essential to both the legitimacy and efficacy of human rights. But without cultural sensitivity, additional injustices and imperialistic harms may be perpetuated. There are two goals within this paper—(1) to show that cultural imperialism is a moral and practical hazard, both in general and for the human right to health in particular and (2) to articulate a way of thinking about the human right to health that can minimize these hazards and arm it with moral credibility and political weight. (shrink)

In this article I attempt to overcome extant obstacles in deriving fundamental, objective and logically deduced definitions of personhood and their rights, by introducing an a priori paradigm of beings and morality. I do so by drawing a distinction between entities that are sought as ends and entities that are sought as means to said ends. The former entities, I offer, are the essence of personhood and are considered precious by observers possessing a logical system of valuation. The latter entities (...) – those sought only as a means to an end – I term ‘materials.’ Materials are sought for their conditional value: Important for achieving sought ends, they are not considered precious in and of themselves. A normative system for how this dichotomy of entities should interact is consequently derived and introduced. This paradigm has applicability for modern humanism and beyond. Assuming societal technological progression whereby human bodies and their surrounding infrastructures continue to evolve and integrate, the distinction between beings and their supporting materials, and a moral code for their interactions, will become ever more relevant. (shrink)

How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...) less mysterious. (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)

This article demonstrates how critical realism can resolve persistent theoretical debates in the human rights literature. Critical realism is a philosophy of science that proposes a complex ontological framework to study causal relations. Methodological and theoretical decisions in research are always premised on some ontological presumption whether they are explicitly stated or not. However, much of the social sciences follow the discipline’s empiricist orthodoxy which often dismisses ontological inquiry. As a consequence, theoretical and methodological debates persist without scholars recognizing how (...) they reflect deeper ontological differences. I argue that this is the case with human rights research and demonstrate how critical realism can resolve tensions between universalism and relativism. Critical realism proposes that social relations resolve across multiple ontological levels. This ontological framework can illustrate how universal structures on one level can generate diverse human rights standards on another level relative to the cultural conditions that bring them about. (shrink)

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to deny (...) such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

Agents do not merely have duties – they often have directed duties to others. This paper first reveals problems with traditional attempts to equate these directed duties with claims and claim rights. It then defends a novel account of directionality that locates the unifying element of directed duties in a counterparty’s prioritization of the duties owed to her. If one agent has a directed duty to another, then the degree to which fulfilling the duty matters to the agent to whom (...) it is owed itself matters – in a distinctive, special and inherent sense. This subject-determined normative significance of directed duties can be used to articulate a priority account of directionality, an account that can demonstrate why many have taken control powers, interests or the authority to demand compliance to be so important in analyzing the directed duties we owe to others. (shrink)

Is there a human right to health? If so, what are its grounds? Can a legal or moral human right to health provide any practical guidance when it comes to making decisions about, for instance, the allocation of scarce health resources? There are many possible answers to these questions in the literature. This article surveys some of these replies. First, however, it examines the distinctions between legal and moral human rights and rights to health vs. health care. It then surveys (...) the literature on potential grounds for a moral human right to health. It concludes by considering replies to several common objections to the existence of a human right to health. (shrink)

In Chapter 7, “Dignity, Self-Respect, and Bloodless Invasions”, Saba Bazargan-Forward asks How much violence can we impose on those attempting to politically subjugate us? According to Bazargan-Forward, “reductive individualism” answers this question by determining how much violence one can impose on an individual wrongly attempting to prevent one from political participation. Some have argued that the amount of violence one can permissibly impose in such situations is decidedly sub-lethal. Accordingly, this counterintuitive response has cast doubt on the reductive individualist project. (...) Bazargan-Forward argues, however, that political subjugation involves an institutionally embodied form of disrespect that has been altogether missed. A proper appreciation of this sort of disrespect, he contends, morally permits much greater defensive violence against those attempting to politically subjugate us or others. (shrink)