I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while the community conception can (...) do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity. (shrink)

We should approach this topic with great fear and respect. It is not a merely “academic” issue. Human rights are trampled upon in the East as in the West, in the North as in the South of our planet. Granting the part of human greed and sheer evil in this universal transgression, could it not also be that Human Rights are not observed because in their present form they do not represent a universal symbol powerful enough to elicit understanding and (...) agreement? (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

The Law of Peoples, with “The Idea of Public Reason Revisited”. john rawls. William James and the Metaphysics of Experience. david c. lamberth.

While the concept of Menschenwürde (universal human dignity) has served as the foundation for human rights, it is absent in the Confucian tradition. However, this does not mean that Confucianism has no resources for a broadly construed notion of human dignity. Beginning with two underlying dilemmas in the notion of Menschenwürde and explaining how Confucianism is able to avoid them, this essay articulates numerous unique features of a Confucian account of human dignity, and shows that the Confucian account goes beyond (...) the limitations of Menschenwürde. It is arguably richer and more sophisticated in content, and more constructive for protecting and cultivating human dignity. (shrink)

If we want to take firm the importance of universal principles in Bioethics, but at the same time we want to take seriously the importance of cultural diversity and pluralism, it is necessary to adopt a multifaceted approach. In the article I argue that a possible way out is a sort of hermeneutic approach, in order to reduce the ambivalence that stems from the dual recognition of cultural diversity and universal value of human rights. Through this approach conflicting principles and (...) traditions can be harmonized within a common framework, at least to some extent. Such an approach, in my perspective, can be implemented as a strategy of interpretation, which can hold together different conceptions and common principles. (shrink)

A global information ethics that seeks to avoid imperialistic homogenization must conjoin shared norms while simultaneously preserving the irreducible differences between cultures and peoples. I argue that a global information ethics may fulfill these requirements by taking up an ethical pluralism – specifically Aristotle’s pros hen [“towards one”] or “focal” equivocals. These ethical pluralisms figure centrally in both classical and contemporary Western ethics: they further offer important connections with the major Eastern ethical tradition of Confucian thought. Both traditions understand ethical (...) judgment to lead to and thus require ethical pluralism – i.e., an acceptance of more than one judgment regarding the interpretation and application of a shared ethical norm. Both traditions invoke notions of resonance and harmony to articulate pluralistic structures of connection alongside irreducible differences. Specific examples within Western computer and information ethics demonstrate these pluralisms in fact working in praxis. After reviewing further resonances and radical differences between Western and Eastern views, I then argue that emerging conceptions of privacy and data privacy protection laws in China, Hong Kong, Japan, and Thailand in fact constitute a robust, pros hen pluralism with Western conceptions. In both theory and in praxis, then, this pluralism thus fulfills the requirement for a global information ethics that holds shared norms alongside the irreducible differences between cultures and peoples. (shrink)

This paper deals with intercultural aspects of privacy, particularly with regard to differences between Japanese and Western conceptions. It starts with a reconstruction of the genealogy of Western subjectivity and human dignity as the basic assumptions underlying Western views on privacy. An analysis of the Western concept of informational privacy is presented. The Japanese topic of ‘‘denial of self” (Musi) as well as the concepts of Seken, Shakai and Ikai (as analyzed by the authors of the companion piece on privacy (...) in Japan) give rise to intercultural comparisons. The paper addresses the question of privacy in cyberspace and mass media. Finally the question of freedom of speech is related to the Japanese concepts of Ohyake and Watakusi. (shrink)

This book is the first in-depth attempt to provide a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights.

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative ideal (...) of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of human rights. The chapter concludes with (...) an overview of the chapters present in the volume. (shrink)

In the debates on the roles of cultures in the ethics of human rights, one of them concerns Confucianism and Ubuntu, two prominent cultures in East Asia andSouthern Africa, respectively. Some scholars assert that both cultures have values that are sharply different from the West, and conclude that the West should learn from these cultures. The aim of this paper is to philosophically investigate the roles of cultures in the ethics of human rights. I first introduce the works of Bell,Metz (...) and others on community values such as relationships and harmony in Confucianism and Ubuntu. I then argue that even if their interpretations werecorrect, their works still would not justify the conclusion they want. I show that it is better to use consequential evaluation rather than cultural evaluation to justifyhuman rights. An example of human rights to health and privacy is discussed. This paper thus offers some preliminary but important philosophical investigations and addresses practical issues of consequential evaluation related to human rights. (shrink)

In the debates on the roles of cultures in the ethics of human rights, one of them concerns Confucianism and Ubuntu, two prominent cultures in East Asia and Southern Africa, respectively. Some scholars assert that both cultures have values that are sharply different from the West, and conclude that the West should learn from these cultures. The aim of this paper is to philosophically investigate the roles of cultures in the ethics of human rights. I first introduce the works of (...) Bell, Metz and others on community values such as relationships and harmony in Confucianism and Ubuntu. I then argue that even if their interpretations were correct, their works still would not justify the conclusion they want. I show that it is better to use consequential evaluation rather than cultural evaluation to justify human rights. An example of human rights to health and privacy is discussed. This paper thus offers some preliminary but important philosophical investigations and addresses practical issues of consequential evaluation related to human rights. Keywords : Confucianism, Ubuntu, Cultural Evaluation, Consequential Evaluation, Human Rights, Health, Privacy. (shrink)