The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. (...) Then, a critical analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)

This chapter constructs the argument that corporate and political policies known to accelerate anthropogenic global warming, and subsequent climate change, constitute crimes against humanity—predicated on failures to avoid reasonably foreseeable threats to sustained human existence. Given the moral gravity of crimes against humanity it follows that financial divestment is ethically obligatory for institutions wishing to avoid moral association. The moral case for fossil fuel divestment, in the wake of such crimes, derives from (a) (...) the ethical implications of negative responsibility, or what constitutes culpability by omission; (b) institutional collaboration based upon immediate financial interests tied to climate inaction; and (c) institutional complicity derived from financial support of corporate behaviors that hasten global warming. Possible objections are examined and refuted. (shrink)

In this article, I argue that there is no discrepancy between Kant's Doctrine of Right (The Metaphysics of Morals) (1797), which legally permits lies that do not deprive someone of their rights or property, and his On a Supposed Right to Lie from Love of Humanity (1797), which argues that it would be a crime to lie to a murderer about the whereabouts of the innocent person he is pursuing.

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the international (...) law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, (...) while aggravating other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

For centuries, the major story of enlightenment was that education is and should be the cornerstone of our society. We try to educate people to make them respectable members of society, something which we inherently relate to being "better persons", firmly believing that education makes humans less prone to evil. Today, modern research seems to validate that premise: statistics verify that more education results to less crime. But is this picture accurate and does this mean anything regarding morality per se? (...) This paper tries to examine the facts with a more critical eye and determine whether education is indeed a source of ethics or not. The results of the analysis show that what we understand as education is not only unrelated to ethics but can also be a factor resulting in the degradation of morality in humans. Rousseau's arguments against science and arts are re-enforced with arguments stemming from other great philosophers and from modern experience itself. Using modern statistical analysis regarding the correlation of crime and education and through the examination of the modern regression in ethical issues, it becomes evident that education cannot and should not be a source of ethics. Knowing what is ethical is not as important as living an ethical life. Pharisees were the first to be denied the entrance to the kingdom of God. As Oscar Wilde once said, "Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught". (shrink)

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one (...) culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human rights, initially a modern Western concept, became more and more universalized as a result of the global reach of Western political and economic power. I attempt to shed new light on the subject by investigating the role of translation in bringing about the global hegemony of Western legal and political languages and concepts. Since translation always involves a choice of foregrounding one of the two languages and cultures involved, the translator is a power broker who can promote one voice at the expense of the other. My examples for conducting this investigation are the key contributions made by China and the West to the drafting of the UDHR: with ren and rights representing respectively the West and China’s proposed solutions to crimes against humanity in the immediate aftermath of World War II. While the concept rights became increasingly assimilated into the Chinese language along with her repeated defeats by colonial powers (and was already firmly established in the Chinese vocabulary by the time of the drafting of the UDHR), ren by contrast has never been included by any Western language and culture. (shrink)

An assortment of kinds of attacks and aggressive behaviors toward artificial intelligence (AI)-enhanced robots has recently emerged. This paper explores questions of how the human emotions and motivations involved in attacks of robots are being framed as well as how the incidents are presented in social media and traditional broadcast channels. The paper analyzes how robots are construed as the “other” in many contexts, often akin to the perspectives of “machine wreckers” of past centuries. It argues that focuses on the (...) emotions and motivations of robot attackers can be useful in mitigating anti-robot activities. “Hate crime” or “hate incident” characterizations of some anti-robot efforts should be utilized in discourse as well as some future legislative efforts. Hate crime framings can aid in identifying generalized antagonism and antipathy toward robots as autonomous and intelligent entities in the context of antirobot attacks. Human self-defense may become a critical issue in some anti-robot attacks, especially when apparently malfunctioning robots are involved. Attacks of robots present individuals with vicarious opportunities to participate in anti-robot activity and also potentially elicit other aggressive, copycat actions as videos and narrative accounts are shared via social media as well as personal networks. (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...) Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

An assortment of kinds of attacks and aggressive behaviors toward artificial intelligence (AI)-enhanced robots has recently emerged. This paper explores questions of how the human emotions and motivations involved in attacks of robots are being framed as well as how the incidents are presented in social media and traditional broadcast channels. The paper analyzes how robots are construed as the “other” in many contexts, often akin to the perspectives of “machine wreckers” of past centuries. It argues that focuses on the (...) emotions and motivations of robot attackers can be useful in mitigating anti-robot activities. “Hate crime” or “hate incident” characterizations of some anti-robot efforts should be utilized in discourse as well as some future legislative efforts. Hate crime framings can aid in identifying generalized antagonism and antipathy toward robots as autonomous and intelligent entities in the context of antirobot attacks. Human self-defense may become a critical issue in some anti-robot attacks, especially when apparently malfunctioning robots are involved. Attacks of robots present individuals with vicarious opportunities to participate in anti-robot activity and also potentially elicit other aggressive, copycat actions as videos and narrative accounts are shared via social media as well as personal networks. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and (...) chatting about war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in light of specific rights like LGBT (...) rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of (...) China (PRC), the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

This collection of articles was written over the last 10 years and edited to bring them up to date (2019). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it (...) is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable. -/- The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups, I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. -/- It is critical to understand why we behave as we do and so the first section presents articles that try to describe (not explain as Wittgenstein insisted) behavior. I start with a brief review of the logical structure of rationality, which provides some heuristics for the description of language (mind, rationality, personality) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. No neurophysiology, no metaphysics, no postmodernism, no theology. -/- It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. -/- The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). The ‘reductionist’ claim is that one can ‘explain’ behavior at a ‘lower’ level, but what actually happens is that one does not explain human behavior but a ‘stand in’ for it. Hence the title of Searle’s classic review of Dennett’s book (“Consciousness Explained”)— “Consciousness Explained Away”. In most contexts ‘reduction’ of higher level emergent behavior to brain functions, biochemistry, or physics is incoherent. Even for ‘reduction’ of chemistry or physics, the path is blocked by chaos and uncertainty. Anything can be ‘represented’ by equations, but when they ‘represent’ higher order behavior, it is not clear (and cannot be made clear) what the ‘results’ mean. Reductionist metaphysics is a joke, but most scientists and philosophers lack the appropriate sense of humor. -/- The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. The only major change in this edition is the addition in the last article of a short discussion of China, a threat to peace and freedom as great as overpopulation and climate change and one to which even most professional scholars and politicians are oblivious so I regarded it as sufficiently important to warrant a new edition. -/- I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. Even Sapolsky’s otherwise excellent “Behave”(2017) embraces leftist politics and group selection and gives space to a discussion of whether humans are innately violent. I end with an essay on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our psychology, eminently adaptive and eugenic on the plains of Africa from ca. 6 million years ago, when we split from chimpanzees, to ca. 50,000 years ago, when many of our ancestors left Africa (i.e., in the EEA or Environment of Evolutionary Adaptation), is now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior (philosophy, psychology, sociology, biology, anthropology, politics, law, literature, history, economics, soccer strategies, business meetings, etc.), this book is about evolutionary strategies, selfish genes and inclusive fitness (kin selection, natural selection). -/- The great mystic Osho said that the separation of God and Heaven from Earth and Humankind was the most evil idea that ever entered the Human mind. In the 20th century an even more evil notion arose, or at least became popular with leftists—that humans are born with rights, rather than having to earn privileges. The idea of human rights is an evil fantasy created by leftists to draw attention away from the merciless destruction of the earth by unrestrained 3rd world motherhood. Thus, every day the population increases by 200,000, who must be provided with resources to grow and space to live, and who soon produce another 200,000 etc. And one almost never hears it noted that what they receive must be taken from those already alive, and their descendants. Their lives diminish those already here in both major obvious and countless subtle ways. Every new baby destroys the earth from the moment of conception. In a horrifically overcrowded world with vanishing resources, there cannot be human rights without destroying the earth and our descendant’s futures. It could not be more obvious, but it is rarely mentioned in a clear and direct way, and one will never see the streets full of protesters against motherhood. -/- The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. Even the attempt to do this is already bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. -/- America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses about 2% of its topsoil every year, so as it nears 2100, most of its food growing capacity will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests (which I suggest may be regarded as an unrecognized -- but the commonest and most serious-- psychological problem -- Inclusive Fitness Disorder). This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my concluding essay “Suicide by Democracy”. -/- Those wishing to read my other writings may see Talking Monkeys 2nd ed (2019), The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle 2nd ed (2019), Suicide by Democracy 3rd ed (2019), The Logical Stucture of Human Behavior (2019) and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

ABSTRACT Can philosophers come up with persuasive reasons to allow or to ban human reproductive cloning? Yes. Can philosophers agree, locally and temporarily, which practices related to cloning should be condoned and which should be rejected? Some of them can. Can philosophers produce universally convincing arguments for or against different kinds of human cloning? No. This paper analyses some of the main arguments presented by philosophers in the cloning debate, and some of the most important objections against them. (...) The clashes between the schools of thought suggest that philosophers cannot be trusted to provide the public authorities, or the general public, a unified, universally applicable view of the morality of human reproductive cloning. (shrink)

Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to (...) help. I shall argue that even if Pogge were correct in claiming that certain rich states or at least the rich states collectively violate certain negative duties towards the poor and harm the poor, he is far too hasty in concluding that "we," the citizens of those states, are thus harming the global poor or violating our negative duties towards them. In fact, his conclusion can be shown to be wrong not least of all in the light of some of his own assumptions about collective responsibility, the enforceability of human rights, and terrorism. In addition, I will also argue that his view that we share responsibility for the acts of our political "representatives," who allegedly act "on our behalf," is unwarranted. (shrink)

Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of (...) the importance of respecting political self-determination, in cases of “ordinary oppression”, we normally think that rebellion might be permissible, but not military humanitarian intervention. Thus, according to the received view, the conditions for the permissibility of intervention coincide with the conditions for the permissibility of revolution in cases of supreme humanitarian emergency, but not in cases of ordinary oppression. In cases of ordinary oppression there is an asymmetry between the conditions for the permissibility of revolution and intervention (call this the Asymmetry View). Should we accept the Asymmetry View? I answer this question by outlining an account of political self-determination and by illustrating the complex role that this notion should play in discussing the morality of revolution and intervention. (shrink)

In this article, I address the issue of whether we have an obligation to remember past immoral actions. My central question is: do we have an obligation to remember past moral transgressions? I address this central question through three more specific questions. In the first section, I enquiry whether we have an obligation to remember our own past transgressions. In the second section, I ask whether we have an obligation to remember the wrongful actions that others have committed against (...) ourselves. In the last section, I investigate whether we have a duty to remember the suffering of victims of crimes that have a political aspect, crimes such as state violence, oppression and racial discrimination, for example. Here I use the term ‘obligation’ in a board sense to refer to actions that are recommended from the moral point of view, that is, when we have moral reasons to act in a certain way. Here I decided to explore these issues from a Kantian perspective. At first glance, Kant does not seem to have much to offer to an ethics of memory since he does not ask these questions directly. Nevertheless, I was interested to explore to what extent Kant’s ethics, and Kantian ethics more generally, can give us tools to answer these questions. What I have discovered is that, despite my initial doubts, the Kantian framework can provide us with materials to build arguments that can help us to answer these questions. In fact, I will argue that in Kant’s ethics, we have an obligation to remember past immoral actions. With regard to our own transgressions, I argue that we ought to remember our past transgressions because this is an aspect of our moral development. With regard to others’ transgressions, I argue that we have a duty of self-respect to demand that others respect us (in the Kantian sense, that is, that others treat us in a morally correct way) and that this involves remembering others’ transgressions, particularly when there is no evidence of their repentance or if they have not apologized. However, if we have (fallible) reasons to think that the wrongdoer has repented, then there is certainly no need to continue to remind them of their offenses. Thus, in the first two sections, my arguments are based on a certain interpretation of Kant’s ethical texts. However, when I address the political dimension of the ethics of memory I have based my arguments on the work of contemporary authors, especially Jeffrey Blustein. In the last section then, the perspective is more ‘Kantian’ than Kant’s. I argue that we have a duty to remember the victims of social and political injustice (social and political violence, oppression, discrimination, atrocity and crimes against humanity). Defenders of the importance of political memory usually appeal to consequentialist arguments. However, these arguments have limits. A Kantian perspective (deontological) is relevant here because it allows us to provide new arguments in support of the importance of political memory and thus ultimately to provide a stronger defense of duties of memory. -/- The issues that arise in relation to an ethics of memory will no doubt require that we study other sources in addition to the materials and arguments provided from a Kantian perspective. Nevertheless, I conclude that perhaps a bit surprisingly, the Kantian tradition has more to offer than it initially seemed, and it can certainly provide part of the theoretical framework to develop an ethics of memory. (shrink)

Since March of 2020, the world has been brought to its knees by unscientific and unethical mandates. These mandates have destroyed the world economy and the lives of countless innocent individuals. The “cure” that has been offered by medical bureaucrats and politicians has been more deadly than the disease (COVID-19). The imposition of ludicrous lockdowns, mask-wearing, coerced vaccination, and vaccine passports have not only proved to be ineffective, but also much more harmful than SARS-CoV-2 and all its variants. COVID-19 has (...) a recovery rate of close to 99% for most of the world’s population, however, despite this, institutions and power-hungry individuals have trampled upon our civil liberties and ignored our inalienable human rights. It is precisely as Thomas Paine famously stated: “The greatest tyrannies are always perpetrated in the name of the noblest causes.” -/- Many lives have been gratuitously lost because of the administration of deadly medical treatments, and the rejection of effective treatments that follow genuine science. In the process, informed consent has been disparaged and desecrated. For over two years, we were instructed to “trust the science,” but the “science” advocated by medical bureaucrats and greedy politicians was the reason why the world was turned upside-down. In the face of these crimes against humanity, justice will only be brought by real courts and real judges, but this will require the awakening of a critical mass. This book serves as an instrument for this awakening. (shrink)

This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

In the coming decades humanists and trans-humanists need to wage a global campaign to radicalize the idea of human rights. We need to assert our rights to control our own bodies and brains, whether we choose to change our genders or medicate our brains. We need to assert that the measure of a society’s fairness is how universally available we make the prerequisites for achieving our fullest potential. We need to defend the right to enhance ourselves - whether through education (...) and exercise or genetic engineering and cybernetic implants. We need to extend these “human rights” and citizenship not only to all humans, regardless of nationality, but to all persons, ape, human, posthuman or machine. We need to build the global institutions that can protect the rights of persons, and expand the freedoms they enjoy. (shrink)

(Spanish) RESUMEN: La libertad absoluta postulada por Viktor Emil Frankl y Jean-Paul Sartre, la Shoah y la creencia en un dios omnipotente, bueno y justo parecen contradecirse. La pregunta por el sentido del sufrimiento de las víctimas del Holocausto (la verdadera catástrofe, el mayor crimen contra la humanidad), simbolizado por Auschwitz, y como punto de inflexión en la historia, es terriblemente dolorosa y parece no tener una respuesta filosófica ni teológica. A mi juicio, es importantísimo distinguir entre las víctimas inocentes (...) de la Shoah que perecieron y las víctimas inocentes que sufrieron un verdadero infierno y perdieron a sus seres queridos, pero que lograron sobrevivir. Ambas son víctimas, por supuesto, pero así como encontrarle un posible sentido al sufrimiento de las víctimas masacradas y gaseadas podría suponer un insulto a su sufrimiento y agonía –en especial, al horror que sufrieron los niños–, el horrible sufrimiento de los supervivientes pudo dar, tal vez, de alguna manera, un sentido a sus vidas después de la liberación de los campos de concentración y exterminio, ya fuera como voz, como protesta o como simple supervivencia. Frankl apuesta por un sentido último (que abraza el sentido del sufrimiento de las víctimas), y Sartre, aunque parezca no apostar por sentido alguno, volcó su vida al compromiso político después de la Segunda Guerra Mundial, y ello parece vislumbrar una minúscula pizca de sentido después de la barbarie. La filosofía de Frankl es un sí a la vida incluso en las situaciones más extremas, un grito casi nietzscheano que exalta el valor de la vida más allá de cualquier sufrimiento. Frankl, padre de la logoterapia y superviviente del Holocausto, abre una puerta a Dios al hablar de un dios inconsciente, una dimensión suprahumana y una fe incondicional, y define la religión como espiritualidad y como la búsqueda del hombre por el sentido último. Según Frankl, la libertad no se contradice con Dios, y la religión existe no a raíz de la barbarie, sino a pesar de la barbarie. El existencialismo sartreano es una filosofía de la libertad radical y de la responsabilidad. El hombre está condenado a ser libre. El ser humano es un ser en el que la existencia precede a la esencia. Somos totalmente responsables de lo que somos. Sartre afirma que la libertad humana es incompatible con Dios. En un mundo sin Dios, la moral la construyen los hombres, con sus propias decisiones y sus acciones, y la existencia y el sufrimiento de las víctimas no tienen sentido alguno. Sartre define al hombre como libertad, responsabilidad, angustia y contingencia. Frankl define al hombre como libertad, responsabilidad, espiritualidad y búsqueda de sentido. Con esta tesis me propongo entrar en la resbaladiza dimensión del dolor, la desesperación, el sentido y sinsentido del sufrimiento de las víctimas (teniendo presente los horrores de Auschwitz, que en teología y filosofía ha simbolizado desde la liberación de los campos la muerte de Dios y la muerte de la moral). Es verdad que no solo los hombres, mujeres y niños judíos fueron víctimas de la barbarie alemana, pero, como reza el mensaje de Elie Wiesel en la exposición permanente del Block 27 del Auschwitz-Birkeanu State Museum: "Not all victims were Jewish in this place, but all Jews were victims". La Shoah no es un episodio dentro de la Segunda Guerra Mundial, sino un punto de inflexión en la historia de la humanidad, y es una catástrofe que nos concierne a todos, hombres y mujeres judíos y no judíos, religiosos e irreligiosos, creyentes e increyentes, como seres libres, responsables y morales que somos –o que deberíamos ser. Muchas de las víctimas del Holocausto, en medio de la desesperación, entraron en las cámaras de gas orando, aferrándose a la esperanza de que ese final espeluznante no era un punto final. Con esta tesis no me propongo de ninguna manera responder a la eterna pregunta de si Dios existe o no, sino que propongo interpretar ese grito hacia Dios como un desesperado anhelo de esperanza. También me propongo encontrar una coherencia en las posturas de estos dos grandes pensadores para quienes la libertad y la responsabilidad definen al hombre: Frankl (quien apuesta por una dimensión suprahumana donde existe un sentido último en el que el sufrimiento de las víctimas tiene que tener algún sentido, aunque ese sentido sea completamente incomprensible en la dimensión humana) y Sartre (el existencialista ateo por excelencia, para quien el mundo, la existencia y el sufrimiento son absolutamente contingentes). En el primer capítulo expongo la logoterapia y el existencialismo sartreano: describo las tres dimensiones del hombre y las tres búsquedas de sentido propuestas por Frankl, y expongo las cinco consecuencias de "l'existence précède l'essence", centrándome en la libertad y la responsabilidad, y hablo del suicidio. El segundo capítulo está dedicado al dios inconsciente frankleano, la dimensión suprahumana, la búsqueda por el sentido último y la fe incondicional. En el tercer capítulo ilustro la libertad sin Dios sartreana, la ontología sartreana, el ateísmo sartreano y el humanismo sartreano, y hablo sobre la responsabilidad, la mauvaise foi, la contingencia, la situation y la angustia. El cuarto capítulo es necesariamente histórico (sin dejar de ser filosófico): me pregunto por la muerte de Dios después de Auschwitz, argumento y defiendo la unicidad del Holocausto (la Shoah es un punto de inflexión en la historia de la humanidad), describo las masacres antes de los campos de exterminio (Einsatzgruppen, Ordnungspolizei y Wehrmacht), el gigantesco complejo de Auschwitz (Stammlager, Auschwitz-Birkenau y Monowitz-Buna), reflexiono sobre Dios y el mal (centrándome en los niños de Auschwitz), describo los días de Frankl en Auschwitz, hablo de Dios como esperanza, de la inmortalidad y la escatología, de la crueldad de Dios, de la relación entre el cristianismo y el antisemitismo, del islam y el antisemitismo, critico el silencio de Dios, hablo de la muerte de Dios y del juicio contra Dios. En el quinto capítulo expongo la moral frankleana (una moral que atañe al hombre y no a Dios), basándome en su teoría del amor y en su única obra de teatro (Synchronisation in Binkerwald), y la moral sartreana (una moral que atañe a una humanidad sin Dios), recordando a Dostoyevsky, analizando la famosa cita de Garcin en Huis clos "L'enfer, c'est les Autres", criticando el marxismo de Sartre y cuestionando (con la mirada de Frankl y Sartre) el verso de Brecht "Erst kommt das Fressen, dann kommt die Moral"; al final del capítulo incluyo una reflexión propia y las críticas frankleana y sartreana sobre la impunidad de los verdugos y colaboradores después del Holocausto (con el permiso de Dios). Después de la Conclusión, añado un Apéndice sobre las vidas de Frankl y Sartre, para poder entender mejor su obra. PALABRAS CLAVE: logoterapia, existencialismo sartreano, búsqueda de sentido, libertad, responsabilidad, moral, angustia, sufrimiento, supervivientes, víctimas, contingencia, espiritualidad, religión, Dios, esperanza, antisemitismo, culpa, Auschwitz, Holocausto, Shoah. /// (English) ABSTRACT: The absolute freedom defended by Viktor Emil Frankl and Jean-Paul Sartre, the Shoah and the belief in an omnipotent, benevolent and just God seem to contradict each other. The question of the meaning of the victims' suffering of the Holocaust (the true catastrophe, the biggest crime against humanity), simbolised by Auschwitz and as a turning point in History, is terribly painful and doesn't seem to have an answer. In my opinion, it's crucial to distinguish between the innocent victims of the Shoah who perished and the innocent victims who sufferend a real hell and lost their loved ones, but managed to survive. Both are victims, of course, but just as finding a possible meaning to the suffering of the massacred and gassed victims could result in an insult to their suffering and agony –especially to the horror that the children suffered– the gigantic suffering of the survivors could, maybe, somehow, give a meaning to their lives after the liberation of the concentration and extermination camps, either as a voice, as a protest, or as a simple survival. Frankl believes in an ultimate meaning (that embraces the meaning of the victims' suffering), and Sartre, even if it appears not to embrace any meaning, turned his life to political engagement after War World II, and that attitude seems to give a tiny glimpse of meaning after the barbarity. Frankl's philosophy says yes to life even in the most extreme situations, and it's a Nietzschean-like scream that exalts the value of life beyond any monstrous suffering. Frankl, the father of logotherapy and a Holocaust survivor, opens a door to God when he talks about an unconscious God, a supra-human dimension and an unconditional faith; he defines religion as spirituality and as man's search for ultimate meaning. According to Frankl, freedom is not contradictory with God, and religion exists not because of the barbarity but in spite of the barbarity. Sartrean existentialism is a philosophy of radical freedom and responsibility. Men are condemned to be free. We are beings where the existence precedes the essence. We are completely responsible of what we are. Sartre argues that human freedom is incompatible with God. In a godless world, morality is constructed by people, with their own choices and actions, and human existence and the suffering of the victims don't have any meaning. Sartre defines man as freedom, responsibility, Angst and contingency. Frankl defines man as freedom, responsibility, spirituality and search for meaning. With this dissertation I attempt to enter in the slippery dimension of the pain, despair, meaning and meaninglessness of the victims' suffering (having in mind the horrors of Auschwitz, that in theology and in philosophy have simbolised, since the liberation of the camps, the death of God and the death of morality). It's true that not only Jewish men, women and children were victims of the German barbarity, but, as Elie Wiesel's message from the permanent exhibition from Block 27 of the Auschwitz-Birkeanu State Museum reads: "Not all victims were Jewish in this place, but all Jews were victims". The Shoah is not an episode inside War World II, but a turning point in the history of humankind, and a catastrophe that embraces us all, Jewish and not not Jewish men and women, religious and not religious, believers and not believers, as the free, responsible and moral beings that we all are –or that we should be. A lot of the victims, in the midst of their desperation, entered into the gas chambers praying, holding to the hope that their horrifying end was not the ultimate end. With this dissertation I do not attempt to answer the eternal question of the existence of God, rather, I will try to interpret that scream to God as a longing for hope. I also intend to find a coherence between the thought of these two great thinkers for whom freedom and responsibilty define man: Frankl (who argues that there is a suprahuman dimension where an ultimate meaning exists and where the victims' suffering has to have a meaning, even if this meaning is completely incomprehensible in the human dimension) and Sartre (the atheist existentialist par excellence, for whom the world, human existence and suffering are absolutely contingent). In the first chapter I expose logotherapy and Sartrean existentialism: I describe the three dimensions of man, the three searches for meaning, the five consequences of "l'existence précède l'essence" and I speak about suicide. The second chapter delves into the unconscious God, the supra-human dimension, the ultimate meaning and the unconditional faith. In the third chapter I expose the freedom without God defended by Sartre, Sartre's ontology, Sartre's atheism, Sartre's humanism, and his ideas about responsibility, mauvaise foi, contingency, situation, and Angst. The fourth chapter is necessarily historical (while being philosophical too): I wonder about the death of God after Auschwitz, I argue and defend the uniqueness of the Holocaust (the Shoah is a turning point in the history of humankind), I describe the massacres before the extermination camps (Einsatzgruppen, Ordnungspolizei y Wehrmacht), the gigantic Auschwitz camp complex (Stammlager, Auschwitz-Birkenau y Monowitz-Buna), I reflect on God and evil (focusing on the children of Auschwitz), I describe Frankl's days in Auschwitz, I talk about God as hope, about immortality and escathology, I discuss God's cruelty, the relationship between Christianity and antisemitism and Islam and antisemitism, I question the silence of God, and I talk about the death of God and about the trial against God. In the fifth chapter I talk about the Franklean morality (a morality that concerns man and not God), on the basis of his love theory and his only work of theater (Synchronisation in Binkerwald), and the Sartrean morality (a morality that concerns a humanity without God), remembering Dostoyevsky, analysing Garcin's famous quote in Huis clos "L'enfer, c'est les Autres", crticizing Sartre's marxism and questioning (with Frankl's and Sartre's eyes) Brecht's verse "Erst kommt das Fressen, dann kommt die Moral"; at the end of the chapter I include my own reflection (and Frankl and Sartre's critique) about the impunity of the executioners and collaborators after the Holocaust (with God's permission). After the Conclusion, I add an Appendix about the lives of Frankl and Sartre, which helps understanding better their work. KEYWORDS: logotherapy, existentialism, search for meaning, freedom, responsibility, morality, Angst, suffering, survivors, victims, contingency, spirituality, religion, God, hope, antisemitism, guilt, Auschwitz, Holocaust, Shoah. (shrink)

To the degree that we succeed in our campaign for personhood over human-racism we will fulfill the dreams of our humanist forebears.

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

A review, posted 11 September 2002, of Richard Vernon's book. A previous version was published in the Canadian Journal of Political Science 39, no. 4 (Dec. 2006): 975–76.

This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

This article discusses the views of Immanuel Kant on sexual perversion (what he calls "carnal crimes against nature"), as found in his Vorlesung (Lectures on Ethics) and the Metaphysics of Morals (both the Rechtslehre and Tugendlehre). Kant criticizes sexual perversion by appealing to Natural Law and to his Formula of Humanity. Neither argument for the immorality of sexual perversion succeeds.

A draft of my (positive) review of Adam Kirsch's book 'The Revolt Against Humanity: Imagining a Future Without Us'.

My paper builds on the conceptual tools from three interrelated philosophical debates that—as I believe—may help structure important if chaotic discussions about surrogates for living human brains and resolve some practical issues related to regulatory matters. In particular, I refer to the discussions about the “moral precautionary principle” in research ethics (Koplin and Wilkinson 2019); about normative uncertainty in ethics (MacAskill, Bykvist, and Ord 2020), and about the inductive risk problem for animal welfare scientists (Birch 2018). I elucidate upon the (...) possible meanings of the phrase “a too good human brain surrogate” used by Henry T. Greely (2021), and I demonstrate that the evaluation of the practical and regulatory implications of the “goodness” of such surrogates created for research purposes should be sensitive to the possible consequences of two types of errors: the under-attribution and over-attribution of moral status to such beings. Many authors writing about this topic (including Greely 2021, but see also, e.g., Koplin and Savulescu 2019) concentrate only on the first type of error, neglecting the negative consequences of the second type, i.e., over-attribution. (shrink)

Miss Arendt is more reticent than, perhaps, she should be, about what actually went on in this public realm of the Greeks. —W. H. Auden.

Thomas Nagel argues that Aristotle identifies rationality as the ergon idion of the human being. Against Nagel, I defend a reading of Aristotle which depicts a complex human ergon. This complex identity involves desire. It is in Book X of the Nichomachean Ethics that my understanding of Aristotle's position is clinched.

Humiliation, as dealt with under different legal jurisdictions, poses a question about how these systems perceive and respond to humiliation. Are the laws' definitions, approach, and punishment appropriately determined? And if there are challenges to implementation, what are they?

The digression of Plato’s Theaetetus (172c2–177c2) is as celebrated as it is controversial. A particularly knotty question has been what status we should ascribe to the ideal of philosophy it presents, an ideal centered on the conception that true virtue consists in assimilating oneself as much as possible to god. For the ideal may seem difficult to reconcile with a Socratic conception of philosophy, and several scholars have accordingly suggested that it should be read as ironic and directed only at (...) the dramatic character Theodorus. When interpreted with due attention to its dramatic context, however, the digression reveals that the ideal of godlikeness, while being directed at Theodorus, is essentially Socratic. The function of the passage is to introduce a contemplative aspect of the life of philosophy into the dialogue that contrasts radically with the political-practical orientation characteristic of Protagoras, an aspect Socrates is able to isolate as such precisely because he is conversing with the mathematician Theodorus. (shrink)

This article responds to Nicholas Wolterstorff's attempt to ground human rights in the condition of being loved by God.

Descartes holds that the tell-tale sign of a solid proof is that its entailments appear clearly and distinctly. Yet, since there is a limit to what a subject can consciously fathom at any given moment, a mnemonic shortcoming threatens to render complex geometrical reasoning impossible. Thus, what enables us to recall earlier proofs, according to Descartes, is God’s benevolence: He is too good to pull a deceptive switch on us. Accordingly, Descartes concludes that geometry and belief in God must go (...) hand in hand. However, I argue that, while theism adds a layer of psychological reassurance, the mind-independent reality of God would ensure the preservation of past demonstrations for atheists as well. (shrink)

Tom Regan argues that human beings and some non-human animals have moral rights because they are “subjects of lives,” that is, roughly, conscious, sentient beings with an experiential welfare. A prominent critic, Carl Cohen, objects: he argues that only moral agents have rights and so animals, since they are not moral agents, lack rights. An objection to Cohen’s argument is that his theory of rights seems to imply that human beings who are not moral agents have no moral rights, but (...) since these human beings have rights, his theory of rights is false, and so he fails to show that animals lack rights. Cohen responds that this objection fails because human beings who are not moral agents nevertheless are the “kind” of beings who are moral agents and so have rights, but animals are not that “kind” of being and so lack rights. Regan argues that Cohen’s “kind” arguments fail: they fail to explain why human beings who are not moral agents have rights and they fail to show that animals lack rights. Since Cohen’s “kind” arguments are influential, I review and critique Regan’s objections . I offer suggestions for stronger responses to arguments like Cohen’s. (shrink)

Common sense has it that animals matter considerably less than humans; the welfare and suffering of a cow, a chicken or a fish are important but not as much as the welfare and suffering of a human being. Most animal ethicists reject this “speciesist” view as mere prejudice. In their opinion, there is no difference between humans and other animals that could justify such unequal consideration. In the opposite camp, advocates of speciesism have long tried to identify a difference that (...) would fit the bill, but they have consistently seemed to fail. In light of this, some naturally began to appeal to Moorean arguments: the case against speciesism must be flawed somehow, these philosophers maintain, because speciesism is supported by a strong and widespread intuition. This chapter draws on recent findings in social psychology to criticize this defence of speciesism. It argues that the strong and widespread intuition that humans count more than animals is epistemically defective because it is causally shaped by a pair of irrelevant influences: cognitive dissonance and tribalism. Accordingly, it is no suitable basis for a Moorean argument. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

The purpose of this paper aims to analyze and find the implementation of the Law for the Protection of Prisoners on parole for inmates certain crimes. This research is a normative legal research, the research includes the study of the principles of law, the systematic study of law, research on synchronization of law, legal history research and comparative law research. The results; (1) Legal Protection for Convicts to obtain parole in the human rights perspective, is given in the form (...) of Preventive Legal Protection and Legal Protection repressive. Preventive Legal protection granted by the government with the aim of preventing prior to the violation. (2) Implementation of parole for inmates of certain criminal acts, in essence, embodies the formulation remissions to the perpetrators of certain criminal offenses have been formulated differently from other criminal by Government Regulation No. 28 of 2006 juntco Government Regulation No. 32 of 1999. (3) Government Regulation No. 99 Year 2012 which discriminates against the Right to organize tightening remissions for prisoners certain crimes such as corruption, drugs and terrorism is violating the hierarchy of legislation. (shrink)

Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues for a (...) social critical view that crime is best understood as a product of an unjust society, not faulty human beings. This view should take the lessons learned by the critiques of rehabilitation, however, and resist the tendency to reduce human beings to recipients of social services. (shrink)

Some animal defenders are committed to complete abstinence from animal products. However the strongest arguments for adopting veganism only seem to require that one avoid using animal products, where use or procurement of these products will harm sentient animals. As such, there is seemingly a gap between our intuition and our argument. In this article I attempt to defend the more comprehensive claim that we have a moral reason to avoid using animal products, regardless of the method of procurement. I (...) argue that animal bodies give rise to properties which grant sentient animals’ moral status and in light of this, animal bodies possess final value in themselves. This final value gives us a moral reason not to commodify animal bodies, which means we have a defeasible reason to abstain from using animal products in almost all circumstances. (shrink)

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we (...) use in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

The author analyses Burrhus Frederick Skinner's book Beyond Freedom and Dignity (1971).

‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper by Sally (...) Ramage is the vehicle by which to look further into this issue of moral crime which notion is based on accepted moral code and common sense. We need to urgently study moral crime if we are to arrest the current moral decline in society and restore integrity and trust to the human race. In this example we see that maturity does not mellow the human psyche as modern criminal law states. It was Sir Norwood East who stated that ‘acquisitiveness, aggressiveness and sexuality are often closely associated but the maturity which changes criminality is never going to be present until one is conscious of one’s own maturity by beginning to live in that consciousness’. Social conduct must be cultivated. Crucially, sociologists argue that social conduct may vary with time and place. However, the case of maturity is different when considering those in formative early life and also in declining periods of life. It must be cultivated. It does not happen automatically with age and some people can never change since their greed, selfishness and criminal inclinations remain steadfast. To these types, there is no resilience learnt because resilience is characteristic of the formative period of life when the disappointments of today are counterbalanced by the anticipations of tomorrow. (shrink)

Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus and specific difference, (...) exploring his criminology as a case of his general sociology. This procedure shows that Tarde succeeded in creating a comprehensive theory of crime and criminals founded not only on his most well-known concept, imitation, but also on his equally important concepts of invention, opposition, social logic and social teleology. For Tarde, crime is a complex phenomenon related to criminal inventions, criminal propagations, the production of penal laws, the execution of controls and punishments, and the collective reactions to all these. (shrink)

In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...) is opaque is very different than the way in which humans are opaque. What matters is the degree to which the opaque processes of a class of decision makers are stable, uniform, and safe. The degree to which such processes have these features in humans is higher than the degree to which such processes have these features in opaque AI. And therefore we should require AI to be more transparent than humans. (shrink)

In this article culture is understood as the ensemble of systems of classification, assessment, and interaction that establishes a basic community of values in a given social field. We will argue that this is made possible through the institution of fundamental prohibitions understood as mythical points of closure that set the last frontiers of that community by designating what crime is. Exploring these theses, we will see that criminal transgression may be thought of as the actualization of a rigorous otherness. (...) This otherness, however, is nothing but the culture itself in its extreme vectors, its contradictions, and residues. From there we will differentiate three types of crimes: paroxysmal, archaic, and impossible. And we will conclude that the criminal question it is not a ‘social problem’ among others. Rather, it is a fundamental crossroad where the very constitution of any culture is at stake. It is the question of the beginning and end of the societal order and its subjects. (shrink)