Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state (‘public right’) are not in principle reducible (...) to the rights of individuals (‘private right’). Thus, for Kant, political obligations are intimately linked to the existence of a certain kind of republican institutional framework. (shrink)

This essay focuses on the interrelationship of regulation and private life in human rights. It argues three main points. (1) Article 8 connects the question of protection of private lives and privacies with the question of their management. Thus, Article 8 orients regulatory practices to private lives and privacies. (2) Article 8’s holders are autonomous to the extent that laws respect their private lives and privacies. They are not autonomous in a ‘pre-political’ sense, where we might (...) expect legal rules to protect an already autonomous private life or privacy. (3) Article 8 does not simply prohibit or permit acts. In certain cases, it also ‘enables’ acts. Then, this essay introduces the idea of oikopolitics. This idea allows us to capture these three points in a useful manner. By this idea, this essay means the context (a) where the interpretation of privacy reaches out to broader social practices and norms and (b) where the status of rights-holders living their private lives makes them objects of attention. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it (...) is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.

Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving just (...) migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

The right to be forgotten enables individuals to remove certain links from search results that appear when their names are entered as search terms. Formulated as a distinct application of the general right to privacy, the right to be forgotten has proven highly controversial, for two reasons. First, it is difficult to see how the specific right to be forgotten can apply to the withdrawal of public information, since the general right to privacy typically covers (...) the disclosure of private information. Second, as a putative right to withdraw information from public reach, the right to be forgotten poses a threat to freedom of speech, which depends on the accessibility of information. By responding to these two objections, this paper develops a novel account of the right to be forgotten, understood as a claim of withdrawal grounded in both privacy and free speech interests. -/- . (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on (...) legitimate landowners and more access to better resources for ramblers. (shrink)

This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing (...) through a syllogistic deduction from innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition. (shrink)

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes (...) a system of redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

AI companies are racing to create artificial general intelligence, or “AGI.” If they succeed, the result will be human-level AI systems that can independently pursue high-level goals by formulating and executing long-term plans in the real world. Leading AI researchers agree that some of these systems will likely be “misaligned”–pursuing goals that humans do not desire. This goal mismatch will put misaligned AIs and humans into strategic competition with one another. As with present-day strategic competition between nations with incompatible goals, (...) the result could be violent and catastrophic conflict. Existing legal institutions are unprepared for the AGI world. New foundations for AGI governance are needed, and the time to begin laying them is now, before the critical moment arrives. -/- This Article begins to lay those new legal foundations. It is the first to think systematically about the dynamics of strategic competition between humans and misaligned AGI. The Article begins by showing, using formal game-theoretic models, that, by default, humans and AIs will be trapped in a prisoner’s dilemma. Both parties’ dominant strategy will be to permanently disempower or destroy the other, even though the costs of such conflict would be high. -/- The Article then argues that a surprising legal intervention could transform the game theoretic equilibrium and avoid conflict: AI rights. Not just any AI rights would promote human safety. Granting AIs the right not to be needlessly harmed–as humans have granted to certain non-human animals–would, for example, have little effect. Instead, to promote human safety, AIs should be given those basic private law rights–to make contracts, hold property, and bring tort claims–that law already extends to non-human corporations. Granting AIs these economic rights would enable long-run, small-scale, mutually-beneficial transactions between humans and AIs. This would, we show, facilitate a peaceful strategic equilibrium between humans and AIs for the same reasons economic interdependence tends to promote peace in international relations. Namely, the gains from trade far exceed those from war. Throughout, we argue that human safety, rather than AI welfare, provides the right framework for developing AI rights. This Article explores both the promise and the limits of AI rights as a legal tool for promoting human safety in an AGI world. (shrink)

Following Elizabeth Anscombe, rights exist within practices. A right consists in a bundle of possible and impossible moves within the relevant social 'game', e.g. the practice of private property. What becomes of basic rights on such a social-constructivist conception? Metaphysically, basic rights do not differ from other rights. The right not to be murdered, however, enjoys a transcendental status within Anscombe's moral philosophy, and this construction might extend to other basic rights: Since practical reasoning is directed at (...) the good life, there can be no sound practical inference concluding in murder. Anscombe's argument for this presupposes a particular conception of human dignity, which is quite similar to the dominant conception in contemporary human rights literature. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a (...) class='Hi'>right, founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants (...) Mirvac, a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

This paper tackles the current challenges to private sector unionism in the United States in light of Catholic social teaching (CST). The focus of the study is unionism in the private sector where the fall-off in membership is observed. CST is contained in a wide variety of official documents of the Catholic Church, in particular papal encyclicals, which present ethical norms for economic life in response to the changing realities of the modern world. The study begins with an (...) analysis of the concrete situation: the causes of decline in union membership. It is followed by an ethical reflection on CST’s perspectives and exploration of practices, strategies, and policies that can help reverse the ongoing trend of union decline and revitalize the labor movement in the country. The paper argues that unions are good in themselves as an expression of the workers’ right to associate and instrumentally good as they invoke such values as the dignity of work, solidarity, subsidiarity, common good, and economic equality. While it has been proven that workers and society as a whole gain material benefits from effective unionization, focus on intangible benefits and moral principles offered by CST may give labor organizing a new impetus and inspiration. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing (...) to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of (...) coercion, regulation, and taxation. To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long... (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...) newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil (...) guarantor for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (...) (b) concerns over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It (...) then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere vestiges of nature in (...) Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

In Wittgenstein on Rules and Private Language, Saul Kripke presents a controversial skeptical argument, which he attributes to Wittgenstein’s interlocutor in the Philosophical Investigations [PI]. The argument purports to show that there are no facts that correspond to what we mean by our words. Kripke maintains, moreover, that the conclusion of Wittgenstein’s so-called private language argument is a corollary of results Wittgenstein establishes in §§137-202 of PI concerning the topic of following-a-rule, and not the conclusion of an independently (...) developed argument in §§243ff of PI, as most commentators take it to be. In this work, I assess Kripke’s skeptical argument both in its own right, and as an interpretation of the rule-following sections of PI. In its own right, I try to show that it is critically flawed. However, as an interpretation of the rule-following sections of PI, I try to show that it is essentially correct. I do this by showing that Kripke’s interpretation squares with and supports the meta-philosophical framework developed by Wittgenstein in §§107-136 of PI, which immediately precedes his remarks on following-a-rule. (Oct 16, 2008. Committee: Paul Horwich, Galen Strawson, Stephen Neale, Michael Levin) -/- . (shrink)

Plato’s attitude towards women in his major political works, the Republic and Laws, is complex. On the one hand, Plato argues that in well-run cities, women should hold positions of rule; but on the other, he suggests that women are inferior to men with respect to virtue. To reconcile these conflicting attitudes, some scholars argue that Plato’s progressive proposals are about women as they could be given the right education and environment, while his derogatory comments are about women as (...) they are. Surprisingly, however, commentators who defend this line of thought fail to identify which aspect or aspects of women’s current social position is the problem. I argue that a central problem is women’s role in the private family. More specifically, I argue that Plato thinks the institution of the private family and household is an impediment to virtue; since the private family and household is the primary domain of women, they will be particularly susceptible to its ill effects. In short, individuals’ characters are shaped by the institutions they inhabit; the private family and household is a character-shaping institution that is the primary domain for women, and as a result their characters will be shaped for the worse. (shrink)

The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both “political” interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this (...) special interest is a necessary condition for both of these latter kinds of interests to materialize. Hence, unlike the Millian thesis of two different kinds of interests (self- and other-regarding), here we take that there are three types or spheres of interests. Any conception of rights, then, will cover a subset of interests found in the domains of all of those three types of interests: in the domain of political interest the issue concerns selection among competing sets of legitimate interests, within the domain of private interests the point is to discern those that will be protected by law, while the third type of interests, the object of which is a unique collective identity and its defining specificity, represents an overarching interest that is embedded in any legitimate collective concern. In this scheme, well-suited for democratic theory, the majority/minority discourse is a matter of distinguishing which particular set of legitimate interests is chosen to be dominant (e.g., which political party is in power) and which ones are waiting for the opportunity to achieve their transformation from minority (opposition) to majority (i. e. government). If, however, there is no well-defined collective identity, minorities acquire a new meaning. Rather than being possible future majorities, they form a nucleus of competing collective identities with, sometimes hopeless but still alive, aspirations to sovereignty. Thus they become sources of likely conflicts that may go well beyond political controversies. (shrink)

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies (...) replacing the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters Buddhists people (...) by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, (...) and feminist movements. That theory was the basis for the abolition of the voluntary slavery or self-sale contract, the voluntary non-democratic constitution (pactum subjectionis), and the voluntary coverture marriage contract in today’s democratic countries. When understood in modern terms, that same theory applies as well against the voluntary self-rental or employment contract that is the basis for our current economic system. (shrink)

The article contains a critical analysis of the skeptical solution to the rule- following problem. The skeptical solution denies the existence of “superlative” R-facts that would make statements of the form “P means R by ‘+’ ” true. The role of the sources for the meaning of ‘+’ here is played by the patterns of solidarity behavior of members of some community to which P belongs. The correct use of ‘+’ would be one that is approved by the competent majority (...) of this community, and there can be no other sense in which it would be correct or wrong. Boyd’s hypothesis denies the communal character of the ‘+’ meaning. While there are no “superlative” R-facts, there should be C-facts not about the R as the standard that P or its community follows in their practice of using ‘+’, but about whether they do it correctly. The proof of the Boyd hypothesis is based on the example of an imaginary Ω-community, whose agents use a finite set of simple symbols for the needs of their arithmetic: ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’. Each symbol denotes a subset of identical, from the Ω-community point of view, numerical values. The symbol ‘A’ is used, for ex- ample, for a subset of the natural numbers 1, 10, 19, 28, 37, 46, etc.; ‘B’ for 2, 11, 20, 29, 38, 47, etc.; ‘C’ for 3, 12, 21, 30, 39, 48, etc. The Ω-community’s arithmetic uses the only local function ⊕ whose range of values forms a finite set of mathematical propositions {α} that are true. The Ω-community’s arithmetic, like our own, is open to many skeptical challenges. Is there a fact that determines the meaning of ‘⊕’? What do agents do when they calculate with ‘⊕’ (say, solve examples ‘A⊕B = ?’, ‘C⊕E=?’, etc.)? Do they Add, Badd or Dadd? To answer them would require a “superlative” R-fact. For the calculation practice with ‘⊕’, it could be a certain R-fact that determines the only possible order for the sequence of numerals ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’ such that {α} is true. An analysis of the calculation practice using the local arithmetic function ⊕ shows that for it there are no such R-facts that would determine the only correct standard R – even if the agents in the Ω-community were trained in such calculations on a full set of cases for the application of that function. However, for such practice there are C-facts (independent in their existence from R-facts) that make it possible to distinguish between what seems to be right and what is right. The solitary agent P and the Ω-community are in the same position regarding the knowledge of C-facts. The Ω-community’s point of view has no advantage in matters of C-facts knowledge over the solitary agent P’s point of view. The Ω-community arithmetic shows that if a solitary agent P had the suitable knowledge of C-facts about the practice of calculations with ‘⊕’, it would allow him/her to disagree with the not correct answers of other members of the community even when they would constitute an absolute majority. (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this (...) right places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks (...) to reformulate this Anthropological Objection in a way that more directly addresses Hobbes’ original argument. It then shows that private property is justified to the extent that it allows anyone to reclaim their free time. (shrink)

Libertarianism—and classical liberalism generally—entails (or presupposes) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that currently appear to be libertarian (self-ownership, property acquired by use of natural resources, property acquired by consensual exchange, etc.); the other list is all those that currently appear not to be libertarian (aggressively imposed slavery, property acquired by theft or fraud, property acquired by coerced transfers due to welfare claims, etc.). What determines into which list a (...) property-right is to be assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right somehow fits what liberty is in a more abstract sense than property. It greatly clarifies matters to have an explicit theory of this entailed conception of abstract liberty and how it relates to its practical application and to morality. (shrink)

This paper argues that assessing personal responsibility in healthcare settings for the allocation of medical resources would be too privacy-invasive to be morally justifiable. In addition to being an inappropriate and moralizing intrusion into the private lives of patients, it would put patients’ sensitive data at risk, making data subjects vulnerable to a variety of privacy-related harms. Even though we allow privacy-invasive investigations to take place in legal trials, the justice and healthcare systems are not analogous. The duty of (...) doctors and healthcare professionals is to help patients as best they can—not to judge them. Patients should not be forced into giving up any more personal information than what is strictly necessary to receive an adequate treatment, and their medical data should only be used for appropriate purposes. Medical ethics codes should reflect these data rights. When a doctor asks personal questions that are irrelevant to diagnose or treat a patient, the appropriate response from the patient is: ‘none of your business’. (shrink)

This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.

I start this paper by addressing Kant’s question why rightful interactions require both domestic public authorities (or states) and a global public authority? Of central importance are two issues: first, the identification of problems insoluble without public authorities, and second, why a domestic public monopoly on coercion can be rightfully established and maintained by coercive means while a global public monopoly on coercion cannot be established once and for all. In the second part of the paper, I address the nature (...) of the institutional structure of individual states and of the global authority. Crucial here, I argue, is Kant’s distinction between private and public right. Private right concerns rightful relations between individual legal subjects, where public right concerns their claims on their public institutions. I propose that the distinction between private and public right should be central to liberal critiques of current legal and political developments in the global sphere. (shrink)

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of (...) the general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (...) (Sam Gregg), The right to freedom of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous (...) private individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded the abstract (...) right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is (...) the means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

This is an anthology that is coming out in Farsi. -/- Table of Contents (in English): -/- 1. (2021). “On a Supposed Right to Lie from Philanthropy.” The Cambridge Kant Lexicon, ed. Julian Wuerth, Cambridge: Cambridge University Press, pp. 691-695. 2. (2010). “Kant and Lying to the Murderer at the Door . . . One More Time: Kant’s Legal Philosophy and Lies to Murderers and Nazis.” The Journal of Social Philosophy, Vol. 41(4), pp. 403-421. 3. (2006). “Kant and Dependency (...) Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.” Dialogue – Canadian Philosophical Review, Vol. 45, pp. 257-284. 4. (2011). “A Kantian Conception of Global Justice.” Review of International Studies, Vol. 37(5), pp. 2043-2057. 5. (2010). “Kant’s Non-Absolutist Conception of Political Legitimacy: How Public Right ‘Concludes’ Private Right in ‘The Doctrine of Right.’”Kant-Studien, Vol. 3, pp. 331-351. 6. (2008). “Kant’s Non-Voluntarist Conception of Political Obligations: Why Justice Is Impossible in the State of Nature.” Kantian Review, Vol. 13(2), pp. 1-45. 7. (2021). “Kant and Arendt on Barbaric and Totalitarian Evil.” Proceedings of the Aristotelian Society, Vol. 121 (2), pp. 221-248. 8. (2020). “Kantian Care.” Caring for Liberalism: Dependency and Political Theory, ed. Asha L. Bhandary and Amy Baehr, New York: Routledge, pp. 50-74. 9. (2020). “Kant and Moral Responsibility for Animals.” Kant & Animals, ed. Lucy Allais and John Callanan, Oxford: Oxford University Press, pp. 157-175. -/- Thanks to all the original publishers of these articles for permitting them to be reprinted in translation here. Photo cover: pluspointsphere(.com). (shrink)

Planteamos el problema siguiente: Descartes contesta la acusación irracional de Voetius interpretando, excepcionalmente, los Evangelios y afirma que las _leyes de caridad _son _afines _a las _leyes de la amistad natural _que rigen las funciones del pastor y del profesor. Proponemos que Descartes excluye el examen de las virtudes teologales e incursiona en el derecho privado y civil para probar que Voetius no es un _verdadero _profesor, ni un _verdadero _pastor, y usurpa las atribuciones del juez. Frente a la irracionalidad, (...) la búsqueda de la verdad se despliega en el alegato jurídico. -/- Descartes and the laws of charity. Public and private law in the Letter to Voetius Abstract. We pose this problem: Descartes responds to Voetius’ irrational accusation by resorting once, on his own initiative, to Gospel, an interpretation that reviews the laws of charity as akin to the laws of natural friendship governing pastor and teacher roles. We propose that the Letter be a legal argument. Descartes has no interest in theological virtues: facing irrationality, he delves into private law to prove that Voetius is not a true teacher, or a true pastor, and encroaches on the function of judge. (shrink)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. Professional relationships (...) are prima facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about the (...) lack of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral. (shrink)

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to (...) diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph (...) Proudhon, I'll focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. (...) There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)