The Shadow of God combines history and philosophy in a way that is, unlike Hegel, fundamentally pluralistic. It presents the period of German Idealism as a time when philosophers aimed to bring faith and reason together through the idea of autonomy. At the same time, the tensions endemic in that process led to a transfer of individual hope from an afterlife of reward or punishment to participation in a collective, historical process. This article responds to a series of critical questions: (...) Does the book assimilate consolation and reconciliation? Does it sufficiently distinguish knowledge and justification? Does it open the possibility for a reaffirmation of the individual? Does it underestimate the potential for a secularized Kantian philosophy to bring together equality, justification, and community? Does its interpretation of Kant give a place for his account of historical progress? Is awareness of the way in which theodicy came to be historicized helpful in understanding contemporary democracy and its discontents? (shrink)

We argue that contemporary conceptualizations of “persons” have failed to achieve the moral goals of “person-centred care” (PCC, a model of dementia care developed by Tom Kitwood) and that they are detrimental to those receiving care, their families, and practitioners of care. We draw a distinction between personhood and selfhood, pointing out that continuity or maintenance of the latter is what is really at stake in dementia care. We then demonstrate how our conceptualization, which is one that privileges the lived (...) experiences of people with dementia, and understands selfhood as formed relationally in connection with carers and the care environment, best captures Kitwood’s original idea. This conceptualization is also flexible enough to be applicable to the practice of caring for people at different stages of their dementia. Application of this conceptualization into PCC will best promote the well-being of people with dementia, while also encouraging respect and dignity in the care environment. (shrink)

Journal of Social Philosophy, EarlyView.

A growing focus on pleasure in human rights discourse has been used to address patterns of sexual exclusion, often when addressing the problems of people with disabilities (PWD). As convincingly argued by Liberman, however, not all PWD suffer from sexual exclusion, and not all who suffer from sexual exclusion are PWD. Danaher and Liberman have thus argued in various ways for a broader range of measures, addressing sexual exclusion. This article builds on previous research and offers a conceptual framework for (...) addressing sexual pleasure and exclusion in terms of human rights. It argues that human rights aim to safeguard autonomy, which is interpreted as multidimensional. It, thus, divides autonomy into the four dimensions of liberty (freedom from threat and coercion), opportunity (options to choose between), capacity (what an agent is capable of doing) and authenticity (the extent to which choices are genuine). Furthermore, it distinguishes between distinct egalitarian strategies, which offer different problems and possibilities, and may be combined. Thus, there is direct egalitarian distribution, indirect egalitarian distribution, baseline or threshold strategies and general promotion strategies. By way of conclusion, the importance of sexual authenticity as the ultimate aim of sexual rights is emphasised. (shrink)

The idea of dignity is pervasive in political discourse. It is central to human rights theory and practice, and it features regularly in conceptions of social justice as well as in the social movements they seek to understand or orient. However, dignity talk has been criticized for leading to problematic exclusion. Critics challenge it for undermining our recognition of the rights of non-human animals and of many human individuals (such as children, the elderly, and people with disabilities). I argue that, (...) on a plausible articulation of it, the idea of dignity does not lead to these exclusions and that it in fact helps defend an appropriately inclusive moral and political treatment of all individuals. Difficult issues about equality and diversity indeed arise, but a dignitarian approach can provide good answers to them or at least help make them clearer and more tractable. (shrink)

Anger, far from being only a personal emotion, often signals a breakdown in existing societal structures like the justice system. This does not mean we should uncritically submit to our angry impulses, but it does mean that anger can reveal larger issues in the world worthy of attention. If we banish anger from the socio-political landscape, we risk losing its insights. To defend that claim, I turn to a range of sources from ancient China and Greece—philosophy, poetry, drama, and political (...) theory—that depict and analyze anger in a variety of situations and people. My basic claim is not that anger is simply “good” or “bad” but rather that it helps reveal and clarify our values, often pointing us towards real situations deserving of our ethical scrutiny. I situate the project amidst ongoing debates in analytic philosophy of emotions and feminist philosophy, joining the conceptual precision and clarity of the former with the latter’s attention to lived experience. Such cross-cultural, multidisciplinary conceptual analysis of anger parochializes Aristotelian understandings of anger by introducing different types and functions of anger. What role does anger play, for example, in a minister rebuking the king in an ancient Chinese court? How do Greek sources depict female anger differently than male anger, and why? By using ancient and comparative sources, I show how deeply anger is shaped by particular cultural and social structures, whilst remaining recognizably anger. (shrink)

Since 1950, Erik Erikson's emphasis on ego-identity formation as the crucial task of adolescence has been the framework for almost all subsequent research and programming to empower positive adolescent development. Chatlos has recently described a “Framework of Spirituality” and contends that identity formation significantly interferes with and should occur after a spiritual transformational process for optimal and more meaningful adolescent development. This article reviews the current status of research in identity formation, including religious and spiritual identity formation contributing to his (...) conclusion, and describes the spiritual transformational process that is proposed to be central to positive adolescent development. A possible link between systemic focus on identity formation and current social upheaval is also identified. (shrink)

Soofi1 aims to develop an account of dignity in dementia care based on Nussbaum’s capabilities approach. He does this by drawing on the Kitwood and Bredin2 list of well-being indicators, in order to fill out her account of human flourishing to cover aspects such as practical reasoning that appear beyond the reach of those with relatively severe dementia. As Soofi points out, Nussbaum’s claim that such lost abilities can be compensated through guardianship measures is implausible. He asserts in response that (...) his account of dignity is sufficient to address the desiderata he sets out at the start, including especially the problem of exclusionary implications any putative account should address. So far, so good, but an objection Soofi raises for his own account is that it seems unable to cover cases of severe late-stage dementia. His response is, > …that there is insufficient factual evidence to suggest that people at the very advanced stages of dementia lose all capabilities. But for the sake of argument, let’s suppose that this is true. This, however, still does not undermine the conceptual rigour of the modified version of Nussbaum’s account. This is because the list of the dementia-specific capabilities that I …. (shrink)

This paper examines how the intercultural conception of human rights, fueled by the modes of reciprocal recognition associated with Hegel’s social philosophy, draws on traditional understandings of human dignity while avoiding the essentialism associated with those understandings. Part 1 summarizes core elements of an intercultural theory of human rights while addressing the general question of how that theory accommodates an understanding of the relationship of human dignity and human rights. Part 2 presents the intercultural approach as committed to a view (...) of human dignity focused on the intrinsic worth of individuals, but understood, not—with Kant—as an anthropologically inherent property, but as one forged in relations of intersubjective recognition. Part 3, critically engaging arguments of C Beitz and J Habermas, claims that an intercultural approach entails a status-based conception of human dignity, one that construes the latter, not as a metaphysically conceived inherent quality, but as a function of membership in a social order supportive of both liberal right claims and a republican commitment to rights systems generally. Drawing on the work of Hegel and critically engaging the position of A Sangiovanni, Part 4 construes human dignity in terms of a doctrine of human rights expressive of a common humanity, one understood, however, not as an essential attribute of human beings, but in terms of a globally realized legal-political order whose members are dispositionally committed to the worth of all members of the human community and the value of human community itself. Critically appropriating the work of H Arendt for the intercultural theory, Part 5 considers the centrality of actual politics to a dignitarian account of human rights. Part 6 construes human dignity, again with Kant, in terms of the principle of autonomy, but one understood, not abstractly, but—engaging Pico della Mirandola—as the fallibilistically conceived process of social learning on the part the members of the human community. Part 7 considers how the intercultural view, with the idea of social practice expressive of collective human agency, accommodates a concept of human dignity understood as the “foundation”—nuanced and variegated—of human rights. Part 8 details the specific normativity of an intercultural conception, asserting that despite and even because of its attention to the empirical realities of social, historical, and political life, that conception remains committed, as with essentialist views, to context-transcending norms capable of calling into question actual practices and policies. Here, recourse is had to a concept of recognition understood both as a principle of evaluation and as a social practice encompassing the activity of individuals and groups engaged in the discourse on human rights. (shrink)

In the traditional understanding, human dignity is often portrayed as a «final», «inherent», and «absolute» value. If human dignity as the core of the status of a human being did indeed have thos characteristics, this would yield a severe limitation for obligations that stem from the moral status of non-human animals, plants, eco systems and other entities discussed in environmental ethics; for obligations that arise from human dignity standardly take priority over the duties toward entities with non-human moral status. Yet, (...) many theorists of human dignity nowadays have given up the traditional picture in favour of a more «contingent» understanding of human dignity that abandons one or more of its traditional characteristics.In this paper, I argue that to the contrary, we have good reasons to think that the three characteristics of human dignity just mentioned can indeed be attributed to a value that deserves the name «human dignity». In a first part, I argue for a specific understanding of the three value characteristics under consideration. After these preliminaries, I show in a second part that given such an understanding, we have ample evidence that we can indeed say that human dignity is an inherent, absolute and final value; and also that these three characteristics are properties of a single value. (shrink)

The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense (...) of these rights arguing that their support involves an appropriate response to important human interests and to the human dignity of workers. Finally, it explores central normative issues about the relation between labor rights and human dignity. It responds to some objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor and arbitrates a common tension between independence and solidarity within our practical affirmation of human dignity. (shrink)

Dressing up animals in ridiculous costumes, shaming dogs on the internet, playing Big Buck Hunter at the local tavern, feeding vegan food to cats, and producing and consuming “knockout” animals, what, if anything, do these acts have in common? In this article, I develop two respect-based arguments that explain how these acts are morally problematic, even though they might not always, if ever, affect the experiential welfare of animals. While these acts are not ordinary wrongs, they are animal dignitary wrongs.

In this article we critically evaluate an argument against state‐sanctioned euthanasia made by David Velleman in his 1992 paper ‘Against the right to die’. In that article, Velleman argues that legalizing euthanasia is morally problematic as it will deprive eligible patients of the opportunity of staying ‘alive by default’. That is to say, those patients who are rendered eligible for euthanasia as a result of legislative reform will face the burden of having to justify their continued existence to their epistemic (...) peers if they are to be perceived as ‘reasonable’. We discuss potential criticisms that could be made of the argument, and consider how a defender of the view might respond. Velleman’s argument is particularly interesting as it is a consequentialist argument against state‐sanctioned euthanasia, challenging the many consequentialist arguments that have been made in favour of legalizing the procedure. We conclude by suggesting that further research on the question of unfair burdens is important to adequately evaluating the potential harms of legalizing euthanasia for patients at the end of life. (shrink)

The notion of dignity as that which has intrinsic value has arguably been neglected in economics and management despite its societal importance and eminent relevance in other social sciences. While management theory gained parsimony, this paper argues that the inclusion of dignity in the theoretical precepts of management theory will: improve management theory in general, align it more directly with the public interest, and strengthen its connection to social welfare creation. The paper outlines the notion of dignity, discusses its historical (...) understanding, and explains its relevance in the context of management theory. Furthermore, it proposes a framework of paradigmatic assumptions along two dimensions: understanding human dignity as unconditional or conditional and understanding social welfare as wealth creation or well-being creation. I propose alternative management theory archetypes and discuss these archetypes’ theoretical implications for management research. I also suggest how management theory can be shifted to contribute toward social welfare creation more directly. (shrink)

Philosophers and bioethicists are typically sceptical about invocations of dignity in ethical debates. Many believe that dignity is essentially devoid of meaning: either a mere rhetorical gesture used in the absence of good argument or a faddish term for existing values like autonomy and respect. On the other hand, the patient experience of dignity is a substantial area of research in healthcare fields like nursing and palliative care. In this paper, it is argued that philosophers have much to learn from (...) the concrete patient experiences described in healthcare literature. Dignity is conferred on people when they are treated as having equal status, something the sick and frail are often denied in healthcare settings. The importance of equal status as a unique value has been forcefully argued and widely recognised in political philosophy in the last 15 years. This paper brings medical ethics up to date with philosophical discussion about the value of equal status by developing an equal status conception of dignity. (shrink)

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

This paper articulates dignity as relational engagement in concrete care situations. Dignity is often understood as an abstract principle that represents inherent worth of all human beings. In actual care practices, this principle has to be substantiated in order to gain meaning and inform care activities. We describe three exemplary substantiations of the principle of dignity in care: as a state or characteristic of a situation; as a way to differentiate between socio-cultural positions; or as personal meaning. We continue our (...) analysis by presenting cases on dignity in care related to us in focus groups with medical professionals. Our empirical ethical lens is in this paper is to analyse, not the meaning of dignity, but the way in which it emerges in practices where it is pursued, within relationships between people, technologies, places, regulations, and the values cherished by or embedded in them. We show that professional caregivers recognize in the dignity of the person they care for their own dignity; giving up on the one implies no less than giving up on the other. This ‘mirrored experience’ of dignity expresses itself in professional’s engagement with the situation. The value of this engagement, we argue, lies not primarily in realizing the particular content of the values at stake. We point to the importance of engagement itself, even if the values engaged with cannot be realized to the full, and even if competing versions of dignity are at stake simultaneously. In this way the caregivers provide us with interesting examples of moral actorship in situations of conflicting values. (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)

This article focuses on human dignity as a moral idea and, in particular, on a single but fundamental question: what conception of human dignity, if any, can generate an egalitarian duty to respect all persons? After surveying two mainstream and two alternative conceptions, the article suggests that explaining how human dignity generates an egalitarian duty of respect may be more difficult than has been appreciated.

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the (...) relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach. (shrink)

Dignity, according to some recent arguments, is a useless concept, giving vague expression to moral intuitions that are better captured by other, better defined concepts. In this paper, I defend the concept of dignity against such skeptical arguments. I begin with a description of the defining features of the Kantian conception of dignity. I then examine one of the strongest arguments against that conception, advanced by Arthur Schopenhauer in On the Basis of Morality. After considering some standard accounts of dignity, (...) showing how they fail adequately to address Schopenhauer’s concern, I propose and defend a new account of dignity, drawing on the ontology of Jean-Luc Nancy. (shrink)

In the health care professions, the meaning of—and implications for—‘dignity’ and ‘value’ are progressively more important, as scholars and practitioners increasingly have to make value judgments when making care decisions. This paper looks at the various arguments for competing sources of human value that medical professionals can consider—human rights, autonomy, and a higher-order moral value—and settles upon a foundational model that is related to the Kantian model that is popular within the medical community: human value is foundational; human dignity, autonomy, (...) and rights derive from the relational quality of human dignity. Moral dignity is expressed though the relationships we cultivate, the communal ends we pursue, and the rights we enjoy. Correlatively, human dignity is inseparable from its ground, and the relationship between these two is best represented for Kant in the humanities formulation. The foundational model of dignity ensures that human value is non-circularly derived, but is ultimately tied to expressions of individual human dignity that comes from the dignity of morality. Linking Kant’s dignity of humanity to the dignity of morality affords a unique and efficacious response to the discussion of human value. In one sense, dignity is amplificatory, since its worth is inextricable with that of autonomy and the rights afforded to the autonomous. But that isn’t to say that the worth of dignity is merely amplificatory. Rather, human dignity indicates the absolute inner value found in each individual in virtue of being human. That inner worth engenders certain universal rights—derivable from the dignity and fundamental rational appeal of morality—just as it provides for the possibility for a community of beings to seek to live the moral life. (shrink)

The concept of dignity is widely used in society, particularly in reference to human rights law and bioethics. Several conceptions of dignity are identified, falling broadly within two categories: full inherent dignity (FID) and non-inherent dignity (NID). FID is a quality belonging equally to every being with full moral status, including all members of the human natural kind; it is permanent, unconditional, indivisible and inviolable. Those beings with FID ought to be treated deferentially by others by virtue of their belonging (...) to a noble caste. FID grounds fundamental human rights, such as the rights to freedom and equality.The concept of dignity forms a network of interconnected ideas related to worth and value particularly within legal and ethical discourse; it is a rich and meaningful concept, irreducible to one or two quasi-legal principles. Fundamentally, dignity matters because it forms the foundation of civilized society; without it, serious abuse of people is more likely to occur. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

Philosophers, theologians, physicists, and psychologists join their efforts to reflect on the crucial issues of limit and infinity, time and eternity, empty space and material space. The volume offers an invaluable contribution to some of the most important issues of our times: questions on God and consciousness are discussed in parallel with quantum theory, black holes, the inflationary universe, the Big Bang, and string theory, from different perspectives and angles, ranging from neuroscience to AI.

Recent works on the concept of dignity have opened up the otherwise quite deadlocked debate about assisted death (AD). Rather than just reinforcing already fixed positions, it seems to me that these conceptions of dignity make room for a moderate and normatively richer position on the moral permissibility of AD. I do not think that we have seen the full potential of the said conceptions and interpretations. I try in this article to contribute my part. First, I briefly recapitulate some (...) of the paradoxical ways in which dignity is typically invoked in the debate and try to clear up some of the obvious confusions. Then, I go on to explore a particular Kantian line of thought in some recent works on dignity and AD that seems to pave the way for a moderate position with a more principled foundation than the usual compromise positions. (shrink)

Employing moral values as justifications in judicial decisions has been controversial. At present, there is increasing controversy over the application of human dignity. Contemporary debates on the role of dignity in law and adjudication are heavily influenced by Christopher McCrudden’s account of dignity as a placeholder, and much thinking on the contested nature of values is influenced by WB Gallie’s idea of Essentially Contested Concepts. In this paper I argue that both these accounts have limited explanatory and normative potential. McCrudden’s (...) account is illuminating in terms of the role of dignity in the UDHR, but weak in terms of explaining why employing dignity in adjudication yields diverging conclusions, and why dignity should be understood to be a placeholder. His reliance on Gallie’s idea of Essentially Contested Concepts is also misplaced. Gallie’s views often serve as a philosophical basis for understanding the contested nature of values generally. I argue that his account is an external-descriptive one, which cannot explain why persistent disagreement ensues because of the peculiar nature of some concepts. Neither does it point out any property of essential contestability that is unique to some concepts. Thinking on how values such as dignity can figure as justifications for decisions, therefore, must explore other alternatives. (shrink)

Despite their contemporaneity and obvious similarities, Richard Price and Immanuel Kant are rarely discussed together. This essay examines the common background of their work, similarities in their methodology and principles, and their common concern with connecting rationalist philosophical systems with knowledge at the level of ordinary life and politics – all this despite their lack of reference to each other. Their normative principles are assessed in connection with major documents and political events in their revolutionary era. A concluding section evaluates (...) their work in relation to contemporary discussions that concern the relationship between pre-reflective and reflective levels of moral knowledge. The essay draws on the work of contemporary scholars such as Danielle Allen, David Brink, Robert Audi, Sarah McGrath, and Thomas Kelly. (shrink)

ABSTRACT These comments focus on Part II of Pablo Gilabert's, Human Dignity and Human Rights. They make three main points. First, they stress the helpfulness of Gilabert's distinction between so-called “status” and “condition” dignity. Second, they raise doubts about Gilabert's understanding of the grounds of human dignity – in particular, whether these must include “valuable” features of human beings. And third, they ask whether Gilabert's account of dignity (as a measure of moral status) is not too distant from the everyday (...) understanding of dignity (as a measure of social status). (shrink)

In his recent book, Andrea Sangiovanni raises various objections against what he calls the “aristocratic” conception of dignity – the idea that dignity represents a kind of high- ranking social status. In this short article, I suggest that Sangiovanni gives the aristocrats less credit than they deserve. Not only do his objections target an uncharitably narrow version of the view, Sangiovanni surreptitiously incorporates aspects of the aristocratic conception of dignity into his own (supposedly non-dignitarian) theory of moral equality.

Over the coming century, the accelerating advance of bioenhancement technologies, robotics, and artificial intelligence (AI) may significantly broaden the qualitative range of sentient and intelligent beings. This article proposes a taxonomy of such beings, ranging from modified animals to bioenhanced humans to advanced forms of robots and AI. It divides these diverse beings into three moral and legal categories—animals, persons, and presumed persons—describing the moral attributes and legal rights of each category. In so doing, the article sets forth a framework (...) for extending the concept of personhood well beyond its current boundaries, assigning moral standing to a variety of biological and nonbiological beings. The author concludes that six of the eight subgroups of such beings deserve to be treated as persons or as if they were persons, with full consideration for their presumed interests, rights, obligations, and capabilities for ethically significant agency and patiency. (shrink)

J. M. Bernstein argues that to capture the depths of the harm of torture, we need to do away with the idea that we possess intrinsic and inviolable worth. If personhood is inviolable, then torture can inflict only apparent harm on our standing as persons. Bernstein claims that torture is a paradigm of moral injury because it causes what he calls “devastation”: The victim experiences an actual degradation of his or her personhood. Bernstein argues that our value is given to (...) us through mutual recognition and hence can be lost. In this paper, I argue that if our human value can be lost, then it first must be built up. If it must be built up, then the question of our status before the building begins must be answered. Bernstein faces a problem of human beings who fall outside relations of mutual recognition and hence are valueless. His best option for answering this problem is to point to the centrality of the body in his account of recognition, but doing so reveals a notion of intrinsic worth implicit in his account. I call for a revision of Bernstein's account that can hold on to devastation without eschewing intrinsic worth. (shrink)

This paper argues that the concept of dignity should be understood as a concept that we use to describe an aggregate of values and qualities of a person or thing that deserves esteem and respect. The primary value that creates the right to have dignity is life. The degree of dignity a life form has depends on its place in the evolutionary scale. Human beings are the highest form of life so they possess the highest degree of dignity.

The demands of morality ought to be intelligible. However they are not alwaysreadilyintelligible. Thus it is easy to see why we need good sense and courage, and why we should seek to live at peace with our neighbours. But moral necessity is not always that transparent. Furthermore the intelligibility we seek is perhaps not always of this kind. This paper illustrates these difficulties by considering certain basic and unshakable convictions we share about homicide and sexuality, two topics we tend to (...) think badly about. And it explores a significant similarity in the moral philosophies of Anscombe and Kant. (shrink)

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate (...) speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires. (shrink)

Impersonality is frequently invoked as a core element of the rule of law. In this article, I discuss a troika of values and institutions–office, honour, and the oath–that provide deeply personal springs for the conduct of judges and other office-holders. In so doing, these institutions make possible the sort of impersonality valued by the rule of law. A focus on office emphasizes the importance of duty rather than power. Honour is the desire to be well thought of by others, and (...) the internalized desire to deserve to be thought well of by others, especially one’s peers. Honour is often treated as an obsolete value that has been superseded by dignity. But it remains an essential force, providing judges and other office-holders with a source of energy and agency that motivates them to fulfil the duties of their office with virtue and excellence. The oath serves as a linchpin that connects the individual to the office and the office-holder to the commitment to serve honourably. Taken together, this troika of institutions encourages the faithful and energetic performance of one’s judicial office in a modern democratic constitutional society. Thinking about the rule of law this way encourages us to shift our focus from power to duty, and from doctrine to character and virtue. It encourages us to revive and revise honour rather than abandon it. It helps show that an impersonal “government of laws and not men” is and ultimately must be deeply personal. (shrink)

Developments in fields as diverse as biotechnology, animal cognition, and computer science have cast serious doubt on the common belief that human beings are unique and that only they should have dignity and basic rights. A movement referred to as ‘new dignitarianism’ has recently reclaimed human dignity to fend off the threats to human uniqueness that it perceives to arise from these developments. This ‘new’ dignitarianism, however, is not new at all. Drawing on a debate between two Enlightenment philosophers, this (...) article shows that dignitarianism has already surfaced in the eighteenth century as the negative image of another movement: naturalism. Building on this historical account, I propose to understand dignitarianism and naturalism as opposing ideal-types on a normative spectrum. Doing so allows us to see a thus-far neglected problem, which I call the Zero-Sum Problem: any gains a concrete theory makes by approximating one ideal-type, it loses by moving away from the other. I end by showing how accepting this fact is a first step to more practically viable theories that attempt to find a middle ground between the two ideal-types. (shrink)

This paper is a contribution to the discussion of how religious perspectives can improve business ethics. Two such perspectives are in natural law of antiquity and recent Catholic social doctrine and teaching. This paper develops a conceptual framework from natural law and CSD/T that business leaders can adopt to build an ethos of humanistic management. This “Human Dignity-Centered” framework fills the gap between time-tested Christian norms and contemporary firm-leaders’ concrete needs. “Human dignity” is used as a rhetorical device to convey (...) the idea that firms are composed of dynamic social networks, with an ultimate purpose of serving human needs. Ultimately, the principles and virtues the framework employs have a logic that should inspire excellence, as ethical practices and concern for human welfare lay a foundation for long-term business prosperity. In a one-frame visual representation, this paper portrays: firm leadership challenges; a transforming ethical prism of principles and virtues; and results and feedback mechanisms. The accompanying narrative describes each element and how each affects humanistic management. Finally, illustrative company examples and questions are provided to illustrate how the framework can be used to benefit human flourishing. The framework provides an adjunct to current formulations of improving managerial excellence. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

One of the most controversial aspects in uncontrolled donation of organs after circulatory death is the initiation of preservation measures before death. I argue that in so-called opting-out systems only under very stringent conditions we might presume consent to the instauration of those measures. Given its current legal framework, I claim that this is not the case of Spain, a well-known country in which consent is presumed—albeit only formally—and where uDCD is currently practiced.

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

Michael Rosen’s The Shadow of God illustrates a distinctive way of understanding the relationship between ideas and history, while posing several connected questions. Among these are how the human condition of alienation may be overcome in a way that is ethically and intellectually defensible; how the search for reconciliation may generate, paradoxically, further alienation, and inspire terrible inhumanity; and whether a meaningful and good human life can be lived without the assurance of future justice—or, indeed, future existence. Rosen evokes the (...) emotional pull of the quest for reconciliation, and reveals the argumentative richness it has generated; yet reflection on human evil and suffering should chasten our aspirations to attain historical reconciliation or rational understanding. We may have good reason to turn away from both the project of theodicy, and the tendency to identify human value in something detached from living individuals, in favor of a reaffirmation of the value of the personal. Rosen’s own work illustrates how a reaffirmation of the personal, and respect for the freedom of others, may be practiced in and through the history of ideas. (shrink)

This paper examines Nuti’s accounts of structural injustice and historical injustice in the light of a political dilemma that confronted Young’s work on structure injustice. The dilemma emerges from a paradox that can be stated simply: justly addressing structural injustice would require that those subject to structural injustice enjoy the kind of privileged position of decision-making power that their being subject to structural injustice denies them. The dilemma thus concerns how to justly address structural injustice. I argue that Nuti’s account (...) is currently unable to provide an adequate theorization of how to address this dilemma because it lacks an account of political solidarity, but also that her account provides important resources for dissolving a dispute between two competing theories of solidarity in a way that facilitates the articulation of an account of political solidarity that is adequate to addressing the political dilemma. (shrink)