: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

This paper analyses recent calls for so called “neurorights”, suggested novel human rights whose adoption is allegedly required because of advances in neuroscience, exemplified by a proposal of the Neurorights Initiative. Advances in neuroscience and technology are indeed impressive and pose a range of challenges for the law, and some novel applications give grounds for human rights concerns. But whether addressing these concerns requires adopting novel human rights, and whether the proposed neurorights are suitable candidates, are a different matter. This (...) paper argues that the proposed rights, as individuals and a class, should not be adopted and lobbying on their behalf should stop. The proposal tends to promote rights inflationism, is tainted by neuroexceptionalism and neuroessentialism, and lacks grounding in relevant scholarship. None of the proposed individual rights passes quality criteria debated in the field. While understandable from a moral perspective, the proposal is fundamentally flawed from a legal perspective. Rather than conjuring up novel human rights, existing rights should be further developed in face of changing societal circumstances and technological possibilities. (shrink)

Recent work in cognitive science highlights the importance of exem- plar-based know-how in supporting human expertise. Influenced by this model, certain accounts of moral knowledge now stress exemplar- based, non-sentential know-how at the expense of rule-and-principle based accounts. I shall argue, however, that moral thought and reason cannot be understood by reference to either of these roles alone. Moral cognition – like other forms of ‘advanced’ cognition – depends crucially on the subtle interplay and interaction of multiple factors and forces (...) and especially (or so I argue) between the use of linguistic tools and formulations and more biologically basic forms of thought and reason. (shrink)

Moral rights feature prominently and are relied on substantially in debates in bioethics. Conceptually, however, duties can perform the logical work of rights, but not vice versa, and reference to rights is therefore inessential. Normatively, rights, like duties, depend on more basic moral values or principles, and attempts to establish the logical priority of rights over duties or the reverse are misguided. In practical decision making, however, an analysis in terms of duties is more fruitful than one based on rights. (...) A right may function as a proxy term for a consequentialist rule, or for a deontological constraint, but does not thereby enrich these concepts. Rights may also help in a purely expressive sense and may assist an initial focusing on a moral conflict. However, their role in bioethics discourse is more one of convenience than of necessity. Moreover, unless rights are firmly founded on fundamental moral values, their use encourages rhetoric rather than argument. (shrink)

As a result of the global economic turndown, many local and national governments are disinvesting in public libraries. This paper proposes that governments have an obligation to create and fund public libraries, because access to them is a human right. Starting with the Universal Declaration of Human Rights, and appealing to recent work in Human Rights Theory, I argue that there is a right to information, which states are obligated to fulfill. Given that libraries are highly effective institutions for ensuring (...) that this right is fulfilled, there is a derived human right to a public library. (shrink)

Essentially everyone agrees that the outlawing of slavery, or the beginning of women’s suffrage, or the defeat of Nazism constitute paradigmatic examples of moral progress in human history. But this consensus belies a deep division about the nature of moral progress more generally, a consequence of the foundational differences among and within normative traditions regarding the nature and scope of the ‘moral’ in moral progress. This essay proposes that philosophers might nonetheless converge on a working definition of moral progress by (...) identifying a proxy property that reliably tracks moral progress, but which does not purport to be coextensive with the philosophically-relevant property. The aim of this essay is to identify this proxy property with emerging empirical measures of population welfare, and to show why this indicator of moral progress can garner overlapping consensus from a variety of normative traditions. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.