This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that we cannot have (...) these relationships, if we do not recognise associative duties, before concluding that we should therefore recognise associative duties. I then introduce a nonteleological alternative, grounded in the Appropriate Response approach to ethical theory. (shrink)

"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, the author offers guidelines for alleviating the problems involved using examples from currents conflicts in the Middle East and in Eastern Europe.Liberal Nationalismis an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields--including political philosophy, ethics, law, and sociology--Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy. (shrink)

People backslide. They freely do things they believe it would be best on the whole not to do. Mele draws on work in social and developmental psychology and in psychiatry to motivate a view of human behavior in which both backsliding and overcoming the temptation to backslide are explicable.

What counts as human rationality: reasoning processes that embody content-independent formal theories, such as propositional logic, or reasoning processes that are well designed for solving important adaptive problems? Most theories of human reasoning have been based on content-independent formal rationality, whereas adaptive reasoning, ecological or evolutionary, has been little explored. We elaborate and test an evolutionary approach, Cosmides' social contract theory, using the Wason selection task. In the first part, we disentangle the theoretical concept of a “social contract” from that (...) of a “cheater-detection algorithm”. We demonstrate that the fact that a rule is perceived as a social contract — or a conditional permission or obligation, as Cheng and Holyoak proposed — is not sufficient to elicit Cosmides' striking results, which we replicated. The crucial issue is not semantic, but pragmatic: whether a person is cued into the perspective of a party who can be cheated. In the second part, we distinguish between social contracts with bilateral and unilateral cheating options. Perspective change in contracts with bilateral cheating options turns P & not-Q responses into not-P & Q responses. The results strongly support social contract theory, contradict availability theory, and cannot be accounted for by pragmatic reasoning schema theory, which lacks the pragmatic concepts of perspectives and cheating detection. (shrink)

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

To what extent should we use technological advances to try to make better human beings? Leading philosophers debate the possibility of enhancing human cognition, mood, personality, and physical performance, and controlling aging. Would this take us beyond the bounds of human nature? These are questions that need to be answered now.

Ordinary moral thought often commits what social psychologists call 'the fundamental attribution error '. This is the error of ignoring situational factors and overconfidently assuming that distinctive behaviour or patterns of behaviour are due to an agent's distinctive character traits. In fact, there is no evidence that people have character traits in the relevant sense. Since attribution of character traits leads to much evil, we should try to educate ourselves and others to stop doing it.

Children have special duties to their parents: there are things that we ought to do for our parents, but not for just anyone. Three competing accounts of filial duty appear in the literature: the debt theory, the gratitude theory and the friendship theory. Each is unsatisfactory: each tries to assimilate the moral relationship between parent and child to some independently understood conception of duty, but this relationship is different in structure and content from any that we are likely to share (...) with anyone apart from a parent. A more promising account will concentrate on what is unique about the parent-child relationship. I articulate and defend the 'special goods theory', according to which filial duties arise from the distinctive kinds of goods that healthy parent-child relationships typically involve. (shrink)

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, that it (...) gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

Killing in War presents the Moral Equality of Combatants with serious, and in my view insurmountable problems. Absent some novel defense, this thesis is now very difficult to sustain. But this success is counterbalanced by the strikingly revisionist implications of McMahan’s account of the underlying morality of killing in war, which forces us into one of two unattractive positions, contingent pacifism, or near-total war. In this article, I have argued that his efforts to mitigate these controversial implications fail. The reader (...) is left stranded: to reach plausible conclusions, Walzer deployed an implausible conception of our rights to life; McMahan’s more rigorous account of those rights generates untenable conclusions. Absent new developments, it seems that the prospects for grounding the ethics of war in individual rights are poor: any theory of our rights to life that is sufficiently indiscriminate to work in the chaos of war is not discriminating enough to be a plausible theory of our rights to life. Perhaps by rejecting the ideal of the rights-respecting war altogether we might develop an alternative theory of justified warfare, which marries theoretical soundness with conclusions that we can more confidently support. (shrink)

This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is defeated are not. It (...) then looks more closely at the substantive moral components of injury, namely harm—damage to one’s interests—and wrong—disrespect for one’s moral equality. It argues that, on the hybrid conception of rights, harm and wrong are individually necessary and jointly sufficient components of injury, and the disvalue of neither is reducible to the other—in particular, it is a mistake to construe the disrespect identified by wrong as another damaged interest. Finally, it distinguishes between the public and private dimensions of harm and wrong, and makes some preliminary suggestions as to whether the remedy for these different dimensions should lie in criminal, distributive, or corrective justice. (shrink)

I try to show that agent responsibility is an inadequate basis for the attribution of liability, by discrediting the Risk Argument and showing how the Responsibility Argument in fact collapses into the Risk Argument. I have concentrated on undermining these as philosophical theories of self-defense, although I at times note that our theory of self-defense should not be predicated on assumptions that are inapplicable to the context of war. The potential combatant, I conclude, should not look to the agency view (...) to ease his conscience about the killing he will do in war. If he is to fight without violating rights, then he will need a different theory of self-defense; if there are no more defensible theories, then he must either accept pacifism—which I think is a live possibility—or seek to identify stronger countervailing reasons, which can override the great force of his victims’ rights to life. (shrink)

In this much-anticipated book, Jonathan Dancy offers the only available full-scale treatment of particularism in ethics, a view with which he has been associated for twenty years. Dancy now presents particularism as the view that the possibility of moral thought and judgement does not in any way depend on an adequate supply of principles. He grounds this claim on a form of reasons-holism, holding that what is a reason in one case need not be any reason in another, and maintaining (...) that moral reasons are no different in this respect from others. Ethics Without Principles offers detailed treatment and criticism of opposing positions of all sorts, with useful summaries. It also contains three chapters on the nature of what Dancy calls 'contributory' reasons, which, though the topic of much interest at the moment, are not often discussed in anything like the detail given here. And it offers a distinctive form of value-holism to go with the holism of reasons. As Dancy's definitive statement on particularism, the book will be required reading for all those working on moral philosophy and ethical theory. (shrink)

This book attempts to place a realist view of ethics (the claim that there are facts of the matter in ethics as elsewhere) within a broader context. It starts with a discussion of why we should mind about the difference between right and wrong, asks what account we should give of our ability to learn from our moral experience, and looks in some detail at the different sorts of ways in which moral reasons can combine to show us what we (...) should do in the circumstances. The second half of the book uses these results to mount an attack on consequentialism in ethics, arguing that there are more sorts of reasons around than consequentialists can even dream of. (shrink)

Some of the barriers to the realisation of equality reflect the value of respecting prerogatives people have to favour themselves. Even G.A. Cohen, whose egalitarianism is especially pervasive and demanding, says that.

In this article, I argue that the character traits conceived of and debunked by situationist social psychological studies have very little to do with character as it is conceived of in traditional virtue ethics. Traditional virtue ethics offers a conception of character far superior to the one under attack by situationism; in addition to clarifying the differences, I suggest ways in which social psychology might investigate character on the virtue ethics conception. Briefly, the so‐called character traits that the situationist experiments (...) test for are independently functioning dispositions to behave in stereotypical ways, dispositions that are isolated from how people reason. We should not be surprised by evidence that entities such as these are not responsible for much of our behavior. By contrast, the conception of character in virtue ethics is holistic and inclusive of how we reason: it is a person’s character as a whole (rather than isolated character traits), that explains her actions, and this character is a more‐or‐less consistent, more‐or‐less integrated, set of motivations, including the person’s desires, beliefs about the world, and ultimate goals and values. The virtuous character that virtue ethics holds up as an ideal is one in which these motivations are organized so that they do not conflict, but support one another. Such an organization would be an achievement of practical reason, and its behavioral manifestation would be cross‐situational consistency (in a sense somewhat different from the situationists’). Traditional virtue ethics explains behavioral inconsistency as a result of the cognitive and motivational obstacles to this achievement of practical reason rather than as the result of the absence of character traits. (shrink)

This essay counteracts that trend [regarding the debate about whether partiality can be justified, those supporting impartiality have generally been on the offensive arguing that morality calls for impartiality] by taking a closer look at the moral complexity of our social practices of partiality. My adoption of this approach does not represent an endorsement of current notions of impartiality. The ideal of impartiality, in my view, should be substantially reformulated. However, that the concept of partiality is transparently defensible. In this (...) discussion, I focus on the aspects of partiality that complicate the philosophical defense of it. In the first part of the discussion, I argue that the moral value of partiality depends partly on the moral value of the relationships it helps to sustain. It matters to the philosophical issues at stake that personal relationships can be abusive and oppressive. In Section II, I refer to the vastly unequal social distribution of the means for favoring loved ones. Because many people have inadequate resources for caring for their loved ones, our conventional relationship practices of partiality-practices by which we care only for our ``own''-can be disasterous for many people. This seriously complicates the defense of partiality. The paper ends with a discussion, in Section III, of ``global moral concern'' and the resistance which most partialists show to it. (shrink)

Voluntary acts are preceded by electrophysiological (RPs). With spontaneous acts involving no preplanning, the main negative RP shift begins at about200 ms. Control experiments, in which a skin stimulus was timed (S), helped evaluate each subject's error in reporting the clock times for awareness of any perceived event.

In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.

I have taken an experimental approach to this question. Freely voluntary acts are preceded by a specific electrical change in the brain that begins 550 ms before the act. Human subjects became aware of intention to act 350-400 ms after RP starts, but 200 ms. before the motor act. The volitional process is therefore initiated unconsciously. But the conscious function could still control the outcome; it can veto the act. Free will is therefore not excluded. These findings put constraints on (...) views of how free will may operate; it would not initiate a voluntary act but it could control performance of the act. The findings also affect views of guilt and responsibility. But the deeper question still remains: Are freely voluntary acts subject to macro-deterministic laws or can they appear without such constraints, non-determined by natural laws and ‘truly free'? I shall present an experimentalist view about these fundamental philosophical opposites. (shrink)

I have taken an experimental approach to this question. Freely voluntary acts are preceded by a specific electrical change in the brain that begins 550 ms before the act. Human subjects became aware of intention to act 350-400 ms after RP starts, but 200 ms. before the motor act. The volitional process is therefore initiated unconsciously. But the conscious function could still control the outcome; it can veto the act. Free will is therefore not excluded. These findings put constraints on (...) views of how free will may operate; it would not initiate a voluntary act but it could control performance of the act. The findings also affect views of guilt and responsibility. But the deeper question still remains: Are freely voluntary acts subject to macro-deterministic laws or can they appear without such constraints, non-determined by natural laws and ‘truly free'? I shall present an experimentalist view about these fundamental philosophical opposites. (shrink)

Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

In Enhancing Evolution, leading bioethicist John Harris dismantles objections to genetic engineering, stem-cell research, designer babies, and cloning and makes an ethical case for biotechnology that is both forthright and rigorous. Human enhancement, Harris argues, is a good thing--good morally, good for individuals, good as social policy, and good for a genetic heritage that needs serious improvement. Enhancing Evolution defends biotechnological interventions that could allow us to live longer, healthier, and even happier lives by, for example, providing us with immunity (...) from cancer and HIV/AIDS. Further, Harris champions the possibility of influencing the very course of evolution to give us increased mental and physical powers--from reasoning, concentration, and memory to strength, stamina, and reaction speed. Indeed, he says, it's not only morally defensible to enhance ourselves; in some cases, it's morally obligatory. In a new preface, Harris offers a glimpse at the new science and technology to come, equipping readers with the knowledge to assess the ethics and policy dimensions of future forms of human enhancement. (shrink)

Innocence is a notion that can prove controversial. Claims of innocence typically support not imposing burdens on the innocent when their conduct is relevantly unobjectionable. This paper examines innocence in the context of violent conflict between states or groups. Many thinkers about the morality of such violence want to establish a principle that would protect innocent civilians. Yet the common view in just war theory does not affirm the moral innocence of civilians. Similarly, the common view that soldiers have an (...) equal right to kill does not affirm their equal moral culpability. (shrink)

Many believe that agent-centred considerations, unlike agent-neutral reasons, cannot show that victims have the right to kill their attackers in self-defence, let alone establish that rescuers have the right to come to their help. In this paper, I argue that the right to kill in self- or other-defence is best supported by a hybrid set of reasons. In particular, agent-centred considerations account for the plausible intuition that victims have a special stake, which other parties lack, in being to thwart the (...) attackers. That special stake plays an important part justifying victims' right to obtain help, and rescuers' right to give it. (shrink)

Each of the following claims has been defended in the scientific literature on free will and consciousness: your brain routinely decides what you will do before you become conscious of its decision; there is only a 100 millisecond window of opportunity for free will, and all it can do is veto conscious decisions, intentions, or urges; intentions never play a role in producing corresponding actions; and free will is an illusion. In Effective Intentions Alfred Mele shows that the evidence offered (...) to support these claims is sorely deficient. He also shows that there is strong empirical support for the thesis that some conscious decisions and intentions have a genuine place in causal explanations of corresponding actions. In short, there is weighty evidence of the existence of effective conscious intentions or the power of conscious will. Mele examines the accuracy of subjects' reports about when they first became aware of decisions or intentions in laboratory settings and develops some implications of warranted skepticism about the accuracy of these reports. In addition, he explores such questions as whether we must be conscious of all of our intentions and why scientists disagree about this. Mele's final chapter closes with a discussion of imaginary scientific findings that would warrant bold claims about free will and consciousness of the sort he examines in this book. (shrink)

This volume of The Subjection of Women provides a reliable text in an inexpensive edition, with explanatory notes but no additional editorial apparatus. -/- .

abstract Michael Otsuka claims that it is impermissible to kill innocent threats because doing so is morally equivalent to killing bystanders. I show that Otsuka's argument conflates killing as a means with treating a person herself as a means. The killing of a person can be a means only if that person is instrumental in the threat to Victim's life. A permission to kill a person as a means will not permit killing bystanders. I also defend a permission to kill (...) innocent threats against Otsuka's Trolley Cases. Otsuka depicts a person tied to an oncoming trolley as a bystander. I argue that such characters are threats whom Victim can permissibly kill. (shrink)

This paper examines the implications of certain social psychological experiments for moral theory—specifically, for virtue theory. Gilbert Harman and John Doris have recently argued that the empirical evidence offered by ‘situationism’ demonstrates that there is no such thing as a character trait. I dispute this conclusion. My discussion focuses on the proper interpretation of the experimental data—the data themselves I grant for the sake of argument. I develop three criticisms of the anti-trait position. Of these, the central criticism concerns three (...) respects in which the experimental situations employed to test someone's character trait are inadequate to the task. First, they do not take account of the subject's own construal of the situation. Second, they include behaviour that is only marginally relevant to the trait in question. Third, they disregard the normative character of the responses in which virtue theory is interested. Given these inadequacies in situationism's operationalized conception of a ‘character trait’, I argue that situationism does not really address the proposition that people have ‘character traits’, properly understood. A fortiori, the social psychological evidence does not refute that proposition. I also adduce some limited experimental evidence in favour of character traits and distil two lessons we can nevertheless learn from situationism. (shrink)

The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (shrink)

According to Haidt's (2001) social intuitionist model (SIM), an individual's moral judgment normally arises from automatic 'moral intuitions'. Private moral reasoning - when it occurs - is biased and post hoc, serving to justify the moral judgment determined by the individual's intuitions. It is argued here, however, that moral reasoning is not inevitably subserviant to moral intuitions in the formation of moral judgments. Social cognitive research shows that moral reasoning may sometimes disrupt the automatic process of judgment formation described by (...) the SIM. Furthermore, it seems that automatic judgments may reflect the 'automatization' of judgment goals based on prior moral reasoning. In line with this role for private moral reasoning in judgment formation, it is argued that moral reasoning can, under the right circumstances, be sufficiently unbiased to effectively challenge an individual's moral beliefs. Thus the social cognitive literature indicates a greater and more direct role for private moral reasoning than the SIM allows. (shrink)

David Miller is right that weak cosmopolitanism is undistinctive and strong cosmopolitanism implausibly curtails associative duties. But there are intermediate views that avoid both of these problems. One such view holds that compatriotism makes no difference to our most important negative duties and that among these is the duty not to impose unjust social institutions upon other human beings. On this view, our duty not to impose an unjust institutional order on foreigners is exactly as stringent as our duty not (...) to impose an unjust institutional order upon our compatriots. This view is not trivial; it has important consequences for our moral responsibilities in the world as it is. And it is compatible with associative duties insofar as these increase what we owe to some without decreasing what we owe to persons at large. (shrink)

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.