This paper is focused on the analysis of two documents (the Council of Europe's Bioethics Convention and the Additional Cloning Protocol) inasmuch as they refer to the relationship between human dignity and human genetic engineering. After presenting the stipulations of the abovementioned documents, I will review various proposed meanings of human dignity and will try to identify which of these seem to be at the core of their underlying assumptions. Is the concept of dignity proposed in the two documents coherent? (...) Is it morally legitimate? Is it, as some might assume, of Kantian origin? Does it have any philosophical roots? (shrink)

Human rights may be the most globalized political value of our times. The rights paradigm has been criticized, however, for being theoretically unsound, legalistic, individualistic and based on the assumption that there is a given and universal humanness. Its use in the area of health is relatively new. Proponents point to its power to frame health as an entitlement rather than a commodity. The problems and the possibilities of a rights approach in addressing health ethics issues are explored in this (...) article. (shrink)

Abstract.The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal‐rights system which accommodates rights among others goals, can overcome the non‐consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not give (...) their consent: citizens who reach the voting age after the re-enactment process; citizens who did not assent to being obliged by the majority vote’s results. I reject possible responses to my argument by showing that they result in making the model either impractical or redundant. The remainder of the paper discusses whether implementing the model would enhance the consent-based legitimacy of the modern state. (shrink)

A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...) terms the "exit power" of the company gives a low impact compared to governmental action and the article concludes that company power by common measures is overestimated. However, the aggregated long-term effect of the market economy on the development of society is most significant. But it is a mistake to use that judgment as an argument for the opinion that business executives are the major power holders in modern societies. Perceptions of power also have an impact on which expectations and commitments that can be judged as realistic and therefore the issue of power is central for the normative discussion about corporate social responsibility. (shrink)

Over 45 million Americans are uninsured or underinsured. Those living in poverty exhibit the worst health status. Employment, education, income, and race are important factors in a person's ability to acquire healthcare access. Having established that there are people lacking healthcare access due to multi-factorial etiologies, the question arises as to whether the intervention necessary to assist them in obtaining such access should be considered a privilege, or a right. The right to healthcare access is examined from the perspective of (...) Western thought. Specifically through the works of Aristotle, Immanuel Kant, Thomas Hobbes, Thomas Paine, Hannah Arendt, James Rawls, and Norman Daniels, which are accompanied by a contemporary example of intervention on behalf of the medically needy by the The Johns Hopkins Urban Health Institute. (shrink)

The text deals with the concept of representation in its relation to the concept and sovereignty, in Thomas Hobbes (1588-1679). The work studied is Leviathan, of 1651. The research presents that sovereignty is founded through the original legal act, which establishes an artificial person to represent everyone. This artificial thing is the State. The political society, however, is different from its government, although they are functionally the same.

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

The author emphasizes the leading role of Kant's philosophy and neo-Kantianism in spreading the theory of natural law on Ukrainian territory. The article emphasizes that the idea of natural law was considered in the circles of the Ukrainian intelligentsia as a component of the general system of idealistic views. The intelligentsia was critical of positive law and called for the correction of its defects with the help of moral goals. The author compares rationalist and religious-ethical approaches to issues of ethical (...) origin and natural human rights. (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is most likely (...) necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is most likely (...) necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

The significance of this article is in its deconstruction of the criminal insanity defence in a meta-legal critical context. The article’s objective is to critically review beliefs that the insanity defence was designed solely for public protection from insane violent people, or, for criminal deterrence. Arising from the long and continued use of the Roman Law concept of non compos mentis, the question arises as to what has become of the practical meaning of the term “insanity”, when used as a (...) defence. The article tries to show that the defence of insanity is a public act of judicial denunciation against the accused, while the accused may have no effective responsibility for the crime. Argument begins with a critical discussion on the character of common-place denunciation as an appeal to public agreement. Then, it follows how the idea of “manifest criminality”, of the 1800s, might be cognate to modern ideas of “manifest madness”, linking into the origins of the English special verdict of insanity. This will allow a short critical analysis of the M’Naghten Case. Argument is completed with analysis of a psychologists’ expert construct of insanity and its relationship to jury perception. The article will suggest strongly that arguments based on the common law rules of insanity tend to expose juries more to denunciation of the accused, than to a reasoned account of the nature of his insanity and to the defects in his responsibility. Duly persuaded jurors would tend to acquiesce and participate in the denunciation of an accused person, whose unusual and unhealthy behaviours emanated from his sufferings by dint of his unbearable circumstances. (shrink)

Este ensayo se propone plantear una nueva perspectiva acerca de una tendencia inquietante que está configurando nuestro mundo en estos primeros años del siglo XXI: el auge del despotismo. Nos preguntamos si los regímenes de poder que se ponen de manifiesto en países como Rusia, Vietnam, Arabia Saudita, Turkmenistán, China y Brunéi, y los Emiratos Árabes Unidos tienen características en común, a pesar de ser a su vez tan diferentes en otros aspectos. La respuesta es afirmativa; empezando por su concentración (...) geográfica en la región Euroasiática, definida ampliamente de tal suerte que incluya el espacio territorial que se extiende a lo largo de Rusia, Turquía, las monarquías del Golfo e Irán en el oeste, atravesando las repúblicas de Asia central, China y Japón, hasta Indonesia, Australia, Nueva Zelanda y Fiji en el extremo este. Esta región es el nuevo centro gravitacional geopolítico del planeta. Este ensayo explica por qué el despotismo, término en desuso, merece ser retomado, y porqué los regímenes despóticos de nuestro tiempo no deben considerarse simplemente como un tipo de estado territorial.This essay sets out to make new sense of a disturbing trend shaping our world in these early years of the 21stcentury: the rise of despotism. It asks whether the regimes of power displayed in countries otherwise as different as Russia, Vietnam, Iran; Saudi Arabia; Turkmenistan; China and Brunei, Saudi Arabia and the United Arab Emirates share things in common. It answers that they do, beginning with their geographic concentration in the Eurasian region, broadly defined to include the territorial spaces stretching from Russia, Turkey, the Gulf states and Iran in the west through to the central Asian republics, China and Japan, Indonesia, Australia, New Zealand and Fiji in the far east. The region is the new geo–political centre of gravity of our planet. It is also the heartland of the new despotisms, which are proving to be powerful actors, both in the region and within a wide range of global settings. The essay explains why the old–fashioned term despotism deserves to be revived, and why the new despotisms of our time should not be thought of simply as a type of territorial state. (shrink)

What is the wrong behind the widely criticized presentist bias of democracies? In this paper I argue that it is not that future generations are excluded from present-day democratic decision-making quite generally. Rather, I claim that due to the unique risks associated with representing future generations and the limitations on affecting future generations both institutionally and causally, the focus ought to be on including them on a more specific, narrower, set of issues, namely only those that threaten to lead to (...) their domination. I identify such issues as those that may end up being purpose-determining: that may subject future generations to previous generations’ will by forcing them to exert a substantial amount of their energies on dealing with problems caused by their predecessors. I conclude by reflecting on the extent to which political representation together with providing avenues of contestation can minimize the risk of intergenerational domination. (shrink)

: The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engels. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope (...) that linked the idea of women's emancipation with the idea of social progress. I argue that this trope reproduced the masculinist signification and symbolism inherent in their particular political philosophies. I argue for a more positive, less masculinist, account of the history of feminist political thought. (shrink)

The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engels. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope that (...) linked the idea of women's emancipation with the idea of social progress. I argue that this trope reproduced the masculinist signification and symbolism inherent in their particular political philosophies. I argue for a more positive, less masculinist, account of the history of feminist political thought. (shrink)

: Liberal philosopher James Mill has been understood as being unambiguously antifeminist. However, Terence Ball, supposedly informed by a feminist perspective, has argued for a new interpretation. Ball has reconceptualized Mill as a feminist and the sole source of the feminism of his son (J. S. Mill), suggesting a revision of the received wisdom about their relationship to the development of nineteenth century feminist thought. This paper takes issue with Ball's "new interpretation" and its presumed feminist basis.

Liberal philosopher James Mill has been understood as being unambiguously antifeminist. However, Terence Ball, supposedly informed by a feminist perspective, has argued for a new interpretation. Ball has reconceptualized Mill as a feminist and the sole source of the feminism of his son, suggesting a revision of the received wisdom about their relationship to the development of nineteenth century feminist thought. This paper takes issue with Ball's “new interpretation” and its presumed feminist basis.

Agnes Heller continued her commitment to socialist theory, seeking a democratic alternative to the actually existing socialist system in Soviet-type societies in the early 1980s. Heller conceptualized socialism as a long-term social experiment based on social imagination and the radicalization of democracy, which contrasted with the Soviet socialist project on the one hand, and went beyond Western parliamentary systems on the other hand. My aim in this paper is to examine the 1982 pamphlet, Why We Should Maintain the Socialist Objective, (...) and present it as a crucial step that Heller takes to depart from Marxism and explore her post-Marxist socialist theory. This paper will examine the social imagination, radicalization of democracy, and other key ideas elaborated in the pamphlet, linking these ideas to her subsequent book, Dictatorship Over Needs, and her essay ‘The Great Republic’. (shrink)