Despite having occupied a peripheral position in contemporary metaethics, moral nonnaturalism has recently experienced a revival of sorts. But what is moral nonnaturalism? And what is there to be said in favor of it? In this article, I address these two questions. In the first place, I offer an account of what moral nonnaturalism is. According to the view I propose, nonnaturalism is better viewed not as a position, but as a theoretical stance. And, second, I critically engage with three (...) recent arguments for moral nonnaturalism offered by Russ Shafer-Landau, Kit Fine, and Jean Hampton, respectively. (shrink)

In this article, I argue that God is authoritative over us because he is our divine, causal parent. As our causal parent, God has duties to relate to us, but he can only fulfill those duties if he has the practical authority to give us commands aimed at our sanctification. From ought-implies-can reasoning, I conclude that God has that authority. After I make this argument, I show how the view has significant advantages over extant arguments for divine authority and can (...) help solve other significant problems in philosophy of religion. (shrink)

This article considers the imago Dei from the perspective of paleoanthropology. We identify structural, functional, and relational elements of the imago Dei that emerged mosaically during human evolution. Humans are unique in their ability to relate to each other and to God, and in their membership of cultural communities where shared attention, the transmission of moral norms, and symbolic behavior are important elements. We discuss similarities between our approach and the concept of theosis adopted in the Eastern Orthodox Church.

After discussing at some length the nature of interpersonal forgiveness and its relation to punishment, the author addresses the main question of the essay: are states the sorts of entities that can forgive; and if they are, is it sometimes desirable that they forgive? The author argues that states can forgive and very often do; and that sometimes it is desirable that they do so. The essay closes by considering the complexities that arise when the state wants to forgive but (...) the victim does not, and conversely. (shrink)

Augustine's exposition of the image of God in Book 15 of On The Trinity sheds light on multiple issues that arise in scholarly interpretations of Augustine's account of lying. This essay argues against interpretations that posit a uniform account of lying in Augustine—with the same constitutive features, and insisting both that it is never necessary to tell a lie and that lying is absolutely prohibited. Such interpretations regularly employ intertextual reading strategies that elide distinctions and developments in Augustine's ethics of (...) lying. Instead, I show how looking at texts written prior and subsequent to the texts usually consulted suggests a trajectory in Augustine's thought, beginning with an understanding of lies as morally culpable but potentially necessary, and culminating in a vision of lying as the fundamental evil and the origin of every sin. (shrink)

This paper considers whether a divine-command theory of moral obligation could justify morally horrible acts, partly by examining Kierkegaard’s writings. It argues that only the commands of a God who is essentially good could be morally justified, and thus no defensible version of a DCT could actually justify horrible acts. In Works of Love Kierkegaard defends such a DCT, and thus is committed to the claim that any actual commands of God must be aimed at the good. This is consistent (...) with the claim that if we knew that a command that is alleged to be from God is directed at what is bad, the command must not be authentic. The issue raised by Fear and Trembling, where Kierkegaard’s pseudonym Johannes de Silentio considers the “binding of Isaac” story, thus raises crucial epistemic issues, which cannot be settled without considering how one might come to know that a purported revelation from God is authentic, as well as how one might come to believe that some particular moral belief is wrong. The paper defends the view that if one knew that a revelation from God was authentic, then one could be justified in holding a moral view on some particular issue, such as veganism, that clashes with the dominant views of one’s contemporaries. (shrink)

Theological stateist theories, the most well-known of which is Divine Command Theory (DCT), ground our moral obligations directly in some state of God. The prior obligations objection poses a challenge to theological stateism. Is there a moral obligation to obey God’s commands? If no, it is hard to see how God’s commands can generate any moral obligations for us. If yes, then what grounds this prior obligation? To avoid circularity, the moral obligation must be grounded independent of God’s commands; and (...) therefore DCT fails to ground all moral obligations in God’s commands. I argue that DCT proponents should embrace “metaethical DCT.” On this view, there is no moral obligation to obey God. God creates our moral obligations out of normative nothingness. I argue that this helps DCT proponents to escape the prior obligations objection. Other theological stateist theories can modify their theory similarly to meet this objection. (shrink)

This paper focuses on two key issues in Nicholas Wolterstorff's Justice: Rights and Wrongs . It argues that Wolterstorff's theistic grounding of inherent rights is not successful. It also argues that Wolterstorff does not provide adequate criteria for determining what exactly these natural inherent rights are or criteria that can help us to evaluate competing and contradictory claims about these rights. However, most of Wolterstorff's book is not concerned with the theistic grounding of inherent rights. Instead, it is devoted to (...) a detailed and rigorous articulation of the meaning and defense of a theory of justice as consisting of inherent rights and with showing why this theory of justice is superior to the alternative right order theories that Wolterstorff criticizes. The paper concludes that these accomplishments are not diminished even if Wolterstorff has failed to provide us with a satisfactory theistic grounding of his theory. (shrink)

This article lays out a central argument of Wolterstorff's book, which I call the Argument from Under-Respect . That argument, I contend, is central to Wolterstorff's thought about wrongs and human rights. Close attention to the argument raises questions about whether Wolterstorff's account of rights can explain what a theory of rights must include: why violating rights wrongs the rights-bearer.

In this tribute to the work of Robert Solomon, I address a topic that occupied him frequently in the last 20 years of his life, and about which he wrote a book and several articles: the relation(s) between the emotions and justice as a personal virtue. I hope to clarify Solomon’s views using three distinctions that seem implicit in his writings, among (1) justice as general virtue and justice as a particular virtue, (2) objective justice and justice as a virtue, (...) and (3) an emotion and a passion. Using these three distinctions and a fourfold schema of emotional objects that seems implied by the foregoing discussion, I argue that an account of emotions like Solomon’s, which construes emotions as in crucial ways like judgments, contains resources for grasping in some detail how particular emotions are related to the virtue of justice. Among these emotions, I pay special attention to compassion. (shrink)

What kind of persons could engage in political torture? Not only the morally impaired who lack empathy or compassion, or even the merely obedient, but also the righteous who struggle with conscience, and the realists who set morality aside.

After discussing the nature of toleration, giving a brief history of the emergence of religious toleration in the West, and presenting my understanding of religion, I develop what I call ‘the dignity argument’ for religious toleration: to fail to tolerate a person’s religion is to treat that person in a way that does not befit their dignity. And to treat them in a way that does not befit their dignity is to wrong them, to treat them unjustly.

I explore the view that the imago Dei is essential to us as humans but accidental to us as persons. To image God is to resemble God, and resemblance comes in degrees. This has the straightforward—and perhaps disturbing—implication that we can be more or less human, and possibly cease to be human entirely. Hence, I call it the spectrum view. I argue that the spectrum view is complementary to the Biblical data, helps explain the empirical reality of horrendous evil, and (...) offers an elegant rapprochement between the traditional view of hell and its rivals. (shrink)

The critical comments by my fellow symposiasts on my book, Justice: Rights and Wrongs , have provided me with the opportunity to clarify parts of my argument and to correct some misunderstandings; they have also helped me see more clearly than I did before the import of some parts of my argument. In his comments, Paul Weithman points out features of the right order conception of justice that I had not noticed. They have also prodded me to clarify in what (...) way rights are trumps; and both his comments and Bernstein's have prodded me to clarify certain aspects of the theistic account of human rights that I offered. Attridge's comments lead me to see that I was perhaps over-zealous in emphasizing the objective aspects of the semantic range of dikaiosunê as used in the New Testament and downplaying the subjective aspects. And O'Donovan's comments have provided me with the opportunity to make clear that my account of rights is not an immunities account that presupposes nominalism, and to emphasize the ways in which it is not an asocial individualistic account. (shrink)

The view that human law can be analyzed in terms of commands was subjected to devastating criticism by H. L. A. Hart in his 1961 The Concept of Law. Two objections that Hart levels against the command theory of law also make serious trouble for divine command theory. Divine command theorists would do well to jettison command as the central concept of their moral theory and, following Hart’s lead, instead appeal to the concept of a rule. Such a successor view—divine (...) legislation theory—has the attractions of divine command theory without the unacceptable limitations of command theories that Hart identifies. (shrink)

I present three versions of the argument from divine hiddenness that are grounded in moral considerations regarding how a just deity would act and auxiliary commitments that theists often have. First, I argue that the problem of hiddenness is made worse if one also holds that many will suffer in the afterlife due to not achieving a proper orientation towards God and the demands of morality in this life. Second, I argue that if any version of the moral argument for (...) theism is successful, then God has a very good reason to not remain hidden. Third, I argue that a just God would not allow people to do evil in her name. (shrink)

The philosophical and theological discussion regarding religious faith has primarily concerned itself with the abstract issues of what faith is, whether it can be rationally held, and how an agent can acquire, sustain, or deepen faith. The issue of how we should orient ourselves to the faith of others and the role such orientation might play in the religious life hasn’t been much discussed. It is this topic that I propose to address in this essay. I do so by considering (...) a little-known nineteenth-century saint of the Eastern Orthodox church, St. Jacob of Alaska, exploring the ways in which the liturgy calls for its participants to engage with St. Jacob’s life of faith. I develop and defend the claim that it calls for the religiously committed to align their lives with the lives of exemplars such as St. Jacob. (shrink)

The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the occurrence of definite (...) speech-forms—the occurrence of the plural noun in the sense of "legal properties." The history of this development is currently held to begin with the twelfth-century canonists. Later significant thresholds may be found in the fourteenth, sixteenth, and eighteenth centuries. Wolterstorff's attempt to find the implicit recognition of rights in the Scriptures depends very heavily on what he takes to be implied rather than on what is stated, and at best can establish a pre- history of rights-language. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

What are “human rights” supposed to protect? According to most human rights doctrines, including most notably the Universal Declaration of Human Rights , human rights aim to protect “human dignity.” But what this concept amounts to and what its source is remain unclear. According to Glenn Hughes , human rights theorists ought to consider human dignity as an “intrinsically heuristic concept,” whose content is partially understood but is not fully determined. In this comment, I criticize Hughes's account. On my view, (...) understanding inherent human dignity as an intrinsically heuristic concept tethers it to an “indeterminateness of sense,” which leaves it open to exploitation from theorists unsympathetic to the moral salience of rights and what rights are supposed to protect. (shrink)

In a number of recent works, Nicholas Wolterstorff defends the claim that human rights inhere in the dignity of every human. He further contends that the explanation of this dignity cannot be found in the intrinsic features of humans; rather, the only plausible explanation for human dignity is that it is bestowed upon humans by God’s love. In this paper, I argue that Wolterstorff’s theory concerning the ground of human dignity falls prey to something quite similar to the classic Euthyphro (...) dilemma: either God must love every existing human in a dignity-bestowing manner or he need not, and either option is problematic. If the former, then whatever it is about humans that ensures God’s love can reasonably be thought to be the independent source of human dignity and/or rights, thereby leaving us without cause to appeal to God’s love for the explanation of this dignity. If the latter, the implication is that moral statements which appear to be necessarily true are only contingently so. Wolterstorff’s theory will thus require substantial modification, or else abandonment. (shrink)

In this paper, I introduce the ideas to be discussed in the articles of this journal with reference to an imaginary case involving a pregnant woman declared dead on the basis of neurological criteria. I highlight the fact that although these ideas have proved useful for advancing certain claims in bioethical debates, their implications are not always well understood and may complicate our arguments. The ideas to be discussed are an ethic internal to the profession of medicine; the difference between (...) killing and letting die; the organism as a whole; and the “lives” and interests of the dead. (shrink)

I take social injustice to be injustice perpetrated on members of society by laws and public social practices. I take social justice to be the struggle to right social injustice. After explaining these ideas, I then address the question: why are so many people opposed to the very idea of social justice? I offer a number of explanations, among them, that to acknowledge that there is social injustice in one’s society often requires considerable change on one’s part.

What makes some human rights campaigns for the physical integrity rights of prisoners more effective than others? Despite various normative arguments condemning these practices, only limited systematic analysis documents the relative effectiveness of different arguments on individuals. This is surprising, because the success of human rights campaigns depends on getting individuals to care about and support policy positions that protect human rights. We constructed an experiment to compare the effects of six different arguments against prisoner abuse and torture. We found (...) that an argument which emphasized the suffering of the prisoner had a consistently positive and significant effect on opposition to torture and prisoner abuse. However, this effect was largely contingent on subjects’ political ideology. Political conservatives actually became less opposed to torture, on average, after reading the same argument emphasizing the prisoners’ suffering or the sacredness of human beings. (shrink)

According to Wolterstorff, an accurate genealogy of rights begins, not with the late Middle Ages and the Enlightenment, but with the Hebrew and Christian Scriptures. The Gospel of Luke, Wolterstorff says, provides especially important witness, and he gives it considerable attention. Wolterstorff's careful analysis of Luke is both lexical and narratological. This paper argues that the lexical data of the Gospel of Luke does indeed lend some support to Wolterstorff's case. But the support is qualified since, in Luke, a critical (...) word group—the dikaio -family—is used in a way that emphasizes relationship to God rather than obligations to neighbor. The most important narratives and teachings of the Gospel lend similarly qualified support to Wolterstorff's genealogy. The paper concludes that while nothing in the Gospel of Luke is incompatible with the observation and defense of human rights, the program Luke sketches has another focus that a comprehensive reading of that Gospel must keep in view. (shrink)

The paper examines the current debates regarding the grounding of human rights in a pluralistic, culturally diverse world. It analyses the challenges which come today from certain policies of human rights which instrumentalize them under the pretext of a “global war on terror” and redefi ne them in terms of democracy promotion and regime change, as well as those challenges which come from ideologies which question the core principles of human rights and provoke the so called “crisis of legitimization.” The (...) paper argues for the necessity of restoring the genuine meaning of human rights and of the role of citizens in striving for their implementation. At the heart of the analysis is Kant’s concept of human rights as freedom. With Kant as its backdrop, the paper shows that the claim that religious worldviews provide the only intelligible foundation, as in Nicholas Wolterstorff, faces serious challenges in a pluralistic, culturally diverse world. The paper then analyzes the non-religious philosophical concepts which seek to develop an account of human rights that does not depend upon controversial metaphysical or religious doctrines. It examines an account of human rights from the perspective of discourse ethics as developed by Karl-Otto Apel and Jürgen Habermas. It also analyses the concepts of human dignity and “emerging morality” by Arturo Roig and the “ethics of liberation” by Enrique Dussel. The analysis shows the ongoing relevance of Kant’s ideas and their recent development by the theorists of discourse ethics and of dialogical and democratic cosmopolitanism. (shrink)

The death of a person is a tragedy while the explosion of a lifeless galaxy is a mere firework. The moral difference is grounded in the nature of humans: humans have intrinsic worth, a worth that makes their fate really matter. This is the worth proposed as the foundation of ethics. Ethics in the usual sense of right and wrong actions, rights and virtues, and how to live a good life, is founded on something more basic that is not itself (...) about actions, namely the worth of persons. Human moral worth arises from certain properties that distinguish humans from the rest of creation (though some animals share a lesser degree of those properties): rationality, consciousness, the ability to act for reasons, emotional structure and love, individuality. This complex package makes humans the "piece of work" of which Hamlet says, “How noble in reason, how infinite in faculty." The Worth of Persons establishes a foundation for ethics in the equal worth of persons, which makes ethics absolutely objective and immune to relativist attacks because it is based on the metaphysical truth about humans. Endless debate about ethical dilemmas, rules, and principles fails to connect with what is really important ethically, that is, what makes humans matter. (shrink)

I argue that given a plausible reading of John Williams’s Stoner (2012 [1965]) the novel throws light on the demands and costs of pursuing a strategy for self-realisation along Platonic lines which seeks unification through the adoption of a single exclusive end in a manner that emulates the Socratic maieutic teacher. The novel does not explicitly argue either for or against such a strategy but rather vividly depicts its difficulties, appeal, and limitations, thus leaving the ultimate evaluation up to the (...) reader. (shrink)

Humanistic management emphasises the importance of respecting humanity in and through meaningful work within organisations. In this paper we introduce a Levinasian approach to organising. Levinas argues that the Other appeals to us and allows us to take responsibility towards the Other – i.c. an employee, a customer, a supplier, etcetera. In this article our focus is on employees. By taking the Other as a starting point of his reflections, Levinas helps to transform the organisation and management of work and (...) humans in business organisations. Based on the concept of alterity and becoming susceptible to the appeal that comes to us through what Levinas refers to as the ‘face of the Other’, we argue that the philosopher calls for ‘an agapeic turn’ to management and organisation. This turn means that the focus on the well-being of the employee – and the needs, interests, ideas, and expectations as perceived by him or her – should be at the core of organising. As a result, this paper calls for an increased focus on self-determination and self-organisation to allow the Other both voice and control over her or his behaviour, actions and contributions to the outputs and outcomes of one’s organisational unit. Through our focus on a Levinas approach, we concretize and deepen the traditional understanding of agape, making it more relevant to our functioning in a business setting. As a result, agape is introduced as an analytical concept that guides the structuring and the effectuation of human interaction in and through organisations. (shrink)

In this essay, I continue Nicholas Wolterstorff’s work of developing a rights-based theory of ethics called eirenéism, which maintains the good life only occurs when justice—as a moral state of affairs where agents enjoy the goods to which they have a right—is achieved. As a result, justice is eirenē (the Greek word for peace). In the process of developing eirenéism I explain how eirenē differs from other conceptions of peace, and I offer several interpretive arguments for how best to understand (...) eirenéism in relation to better-known competing ethical theories, like utilitarianism, virtue ethics, duty ethics, and care ethics. (shrink)

In this paper I examine criticism of Hauerwas's critique of American democracy and liberalism, and of American violence and war, as sectarian and politically irrelevant. This twin account has the merit of engaging his critics from left and right. I show that his critique of American Christians, and their support of America's ways of promoting justice and freedom at home and in the world, has analogies with Foucault's genealogical project in France, and represents a more powerful critique of American imperialism (...) and militarism, and of a compliant church, than efforts to sustain the purchase of rights talk or liberal justice in contemporary theological ethics. (shrink)

Eric Gregory's Politics and the Order of Love takes up an audacious project: enlisting Saint Augustine in order to "help imagine a better liberalism." This article first provides a summary of Gregory's argument, focusing on his emphasis on love as a "motivation" for neighborly care, and hence democratic participation. This involves tracing the theme of motivation in the book, which is tied to his articulation of liberal perfectionism and an emphasis on civic virtue. In conclusion I raise the question of (...) whether his project has ignored a key aspect of Augustine's account of love, namely, the role of the Holy Spirit, thereby demarcating the limits of Gregory's "rational reconstruction" of Augustine. (shrink)

Justice is a contested concept. There are many different and competing conceptions, i.e. interpretations of the concept. Different domains of justice deal with different fields of application of justice claims, such as structural justice, distributive justice, participatory justice or recognition. We present a formal conceptual structure of justice applicable to all these domains. We show that conceptions of justice can be described by specifying the following conceptual elements: the judicandum, the community of justice including claim holders and claim addressees, their (...) claims, the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice, to assess their internal consistency, to explore new definitions of justice in an analytical way, and to explicate an idea of justice in a manner that provides concrete links to the relevant context. (shrink)

This introduction sets the stage for four papers on Nicholas Wolterstorff's Justice: Rights and Wrongs , written by Harold Attridge, Oliver O'Donovan, Richard Bernstein, and myself. In his book, Wolterstorff defends an account of human rights. The first section of this introduction distinguishes Wolterstorff's account of rights from the alternative account of rights against which he contends. The alternative account draws much of its power from a historical narrative according to which theory and politics supplanted earlier ways of thinking about (...) justice. The second section sketches that narrative and Wolterstorff's counter-narrative. The third section draws together the main points of Wolterstorff's own account. (shrink)

Can critical research on religion offer both an ideology critique and a critical retrieval of religious import? This article suggests that it can, offering a programmatic sketch for a full-fledged critique of religion—a critique both aimed at religion and inspired by religion in a self-critical fashion. The sketch weds elements of a robustly normative critique of Western society with insights derived from the Frankfurt School. First the article maps three societal macrostructures that organize much of contemporary social life—civil society, proprietary (...) economy, and administrative state. Then it discusses solidarity, resourcefulness, and justice as societal principles that can sustain a critique of societal macrostructures. Next it identifies normative deficiencies within and between these macrostructures. On the basis of this architectonic critique, the article then provides an account of religion in its critical and utopian roles. It concludes by envisioning a normative and emancipatory transformation of society as a whole. (shrink)

In this paper, we propose a conceptual model to improve moral sensitivity in human resource development (HRD) to assist human resource (HR) practitioners in contending with moral challenges in HRD. The literature on the relationship between ethics and HRD suggests that the organizational and employee development discipline deals with ethical issues at three different levels: Individual, organizational and communal, and international levels. In section I, we elaborate on moral challenges facing HRD. In section II, we conceptualize moral sensitive HRD, proposing (...) a conceptual model in virtue of some essential ethical theories and concepts that assist HRD in grappling with those problems. We will show how each theory and concept can help HRD to deal with relevant problems. In section III, we elaborate on practical approaches to implement moral sensitivity in HRD. We put forward some strategies that help HRD bring those theories and concepts to bear on the ethical problems facing this discipline. Finally, we discuss moral education through learning theories to cultivate moral concepts and ethical dimensions in HRD education. (shrink)

Human Security may mean “the right of all people to live in freedom and dignity, free from poverty and despair and all individuals, in particular vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential” ). HS is at great risk in modern times. It may look outwardly that external wars and cause insecurity to the people; but a deeper study on the socio-economic (...) and environmental conditions of the people prove that they cause more danger and insecurity not only to the people but to the nation itself.. Human security brings together the ‘human elements’ of security, rights and development. It is mainly people centred. Millions of people are threatened by poverty, climate-related disasters, organised crime, human trafficking, health hazards and sudden economic depression and financial downturns. There are different types of HS and the threats and solutions. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

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)

This thesis aims at formulating a human rights justification based on the assumption that disbelief in human rights is found in communicative grounds, rather than some sort of unreasonable evil. I first identify what I believe to be a flaw in the communicative strength of existing human rights justifications in explaining why rights should be. I suggest that there is a gap between the justifications of human rights that contain metaphysical narrative, and the justifications that rely on subjective experience of (...) rights as good. I further explain how this is a gap that political consensus and the idea of Kantian moral reason cannot seem to fill. I subsequently boil this gap down to the concept of value, since the foundation for each justification is based on a type of value. These are categorized as either given value – which applies to all attributes of value that is “given” to us independently of our actions or opinions, or created value – which applies to all attributes of value that stem from social interaction and experience. As justifications are funneled into either of these two categories of value, it begins to look like no other type of value exist, and as a result no one looks for it. To respond to this problem, I formulate a philosophical explanation, in Robert Nozicks terms. This explanation shows that there may be other routes to apply to value than sticking to simply given or created value. My explanation utilizes the three theories of philosophical anthropology, internal metaphysical realism and Wittgensteins philosophy of language, and it is based on the result of an analysis of material consisting of human rights justification arguments by Nicholas Wolterstorff, Alasdaire MacIntyre, Martha Nussbaum and Richard Rorty. The actual philosophical explanation I formulate utilizes the metaphysics of Helen Steward to provide a given-value foundation for the primitive reactions of Stefan Eriksson, which creates value through social organization. Overall, I find that there are untried possibilities which may allow for a different type of value to act as the foundation for a human rights justification. My contribution to the field rests in the novelty of the theories used in my explanation, and the angle of the problem formulation. (shrink)

In Justice in Love, Nicholas Wolterstorff argues for a unique ethical orientation called “care-agapism.” He offers it as an alternative to theories of benevolence-agapism found in Christian ethics on the one hand and to the philosophical orientations of egoism, utilitarianism, and eudaimonism on the other. The purported uniqueness and superiority of his theory lies in its ability to account for the conceptual compatibility of love and justice while also positively incorporating self-love. Yet in attempting to articulate a “bestowed worth” account (...) of human dignity—in which dignity is given by divine love and respected in acts of justice—Wolterstorff leans on an unstable characterization of how love and the good are conceptually interwoven. As a result, his reader cannot be sure about the theoretical superiority of care-agapism. Moreover, Wolterstorff's attempt to value self-love and at the same time reject eudaimonism depends on a dubious interpretation of Augustine carried over from Justice: Rights and Wrongs, which itself further depends on a mischaracterization of the possible varieties of eudaimonism. This mistake is unfortunate because, on a closer reading of Augustine, one finds an agapistic account of eudaimonism that could have significantly helped Wolterstorff's overall account of the complementary relation of love and justice. (shrink)