Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)

Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)

How should we deal with apparent causation involving events that have not happened when omissions are cited as causes or when something is said to prevent some event? Phil Dowe claims that causal statements about preventions and omissions are ‘quasi-causal' claims about what would have been a cause, if the omitted event had happened or been caused if the prevention had not occurred. However, one important theory of the logic of causal statements – Donald Davidson's – allows us to take (...) causal statements about omissions and preventions as direct causal statements about events that are counterfactually described. This analysis provides a basis for solving a number of puzzles about ‘negative' events. Any ‘intuition' of difference between causal statements employing such descriptions and others employing positive descriptions of events is also explained. With omissions, where this intuition has some basis, it is shown that nevertheless omissions do really cause outcomes. (shrink)

This paper exhorts geographers to become more active in debate about ethical research practice. It also suggests that ethical theory, practical problems, and lessons learned from postmodern thought make the prospects of establishing prescriptive codes of ethics unlikely. Instead, flexible prompts for moral contemplation might be used to encourage careful thought on matters of ethics. Because the practical feasibility of moral prompts rests on the existence of moral imaginations, it is vital to consider ways in which those imaginations might be (...) stimulated and nurtured. Professional associations and university academics have significant roles to play in this. Geographers must position themselves as effective agents in the processes by which professional research ethics are shaped rather than awaiting the potentially inappropriate outcomes of other agencies ' deliberations. (shrink)

This paper exhorts geographers to become more active in debate about ethical research practice. It also suggests that ethical theory, practical problems, and lessons learned from postmodern thought make the prospects of establishing prescriptive codes of ethics unlikely. Instead, flexible prompts for moral contemplation might be used to encourage careful thought on matters of ethics. Because the practical feasibility of moral prompts rests on the existence of moral imaginations, it is vital to consider ways in which those imaginations might be (...) stimulated and nurtured. Professional associations and university academics have significant roles to play in this. Geographers must position themselves as effective agents in the processes by which professional research ethics are shaped rather than awaiting the potentially inappropriate outcomes of other agencies' deliberations. (shrink)

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...) sociopolitical and legal institutions. (shrink)

Carlos S. Nino presentó en sus últimos trabajos una defensa de su teoría del castigo que incluía una profunda crítica al retribucionismo. Según su posición, si adoptáramos una teoría retribucionista del castigo, estaríamos asumiendo una versión del subjetivismo penal que abraza el perfeccionismo moral. Nino presenta esta idea sugiriendo que hay un vínculo estrecho entre el retribucionismo, el subjetivismo y el perfeccionismo. En este trabajo, voy a discutir esa relación y criticar el nexo que Nino cree que existe entre ellos. (...) The late Carlos S. Nino presented in his latest work a defense of his theory of punishment which involves a profound critic to retributivism. According with his position if we adopt a retributivist theory of punishment, in addition we are adopting a version of penal subjectivism that embrace moral perfectionism. Nino presents his idea suggesting that there is a chain that linked retribution subjectivism and perfectionism. In this paper, I will discuss the relationship between these three concepts and argue against the links that nino presents between them. (shrink)

In this paper I take another look at the view, defended by C. Nino, that we may punish criminals because, by knowingly breaking a law, they have consented to becoming liable to the prescribed punishment. I will first rebut the criticisms usually aimed at this view in the literature, aiming to show that they are inconclusive. They are all efforts to show that criminal offenders in fact do not consent to becoming liable to punishment simply by committing crimes. I then (...) turn to a different line of criticism, which I find more promising. I argue that the moral power of effecting normative changes by consenting reflects the power holder’s value as a person, and show how this idea makes sense of how refusal to recognize that power wrongs a person. I then argue that the “power” of consenting to punishability does not fit that model, and is better explained as reflecting the value of other people, whom the offender has wronged. Hence the power of consenting is not involved in typical cases of wrongdoing. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights” implies a corresponding theory of change (...) and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights. (shrink)

Analytic philosophy was introduced in Latin America in the mid-twentieth century. Its development has been heterogeneous in different countries of the region but has today reached a considerable degree of maturity and originality, with a strong community working within the analytic tradition in Latin America. This entry describes the historical development of analytic philosophy in Latin America and offers some examples of original contributions by Latin American analytic philosophers.

Following Hardin’s paper of “The tragedy of the commons”, it has been traditionally sustained that the government should manage public good resources since their private management would lead to their depletion. However, Elinor Ostrom has challenged this account by identifying a specific type of Common-pool resources that, under circumstances of trust and fluid communication between the parties involved, can be efficiently managed by groups of individuals. In this context, it is this paper’s contention that the postulates of deliberative democracy are (...) compatible with an efficient management of common-pool resources. Thus, this finding would contradict literature that autocratic governments are more effective in managing natural resources. (shrink)

Ethical concerns surrounding medical research in resource-poor settings. including the 'pharming' out or outsourcing or ‘offshoring’ of clinical trials, and how these relate to the economic, historical and political dimensions of the global scientific field, are a recurrent theme across the different social science disciplines.