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 The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made.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 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)

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)

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 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)

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)

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)

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)

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)

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)

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)

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)

(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)

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)

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).

This commentary explores whether, in light of the 2024 uprising, Bangladesh Jamaat-e-Islami can participate in politics without acknowledging its role in the 1971 Liberation War. It contends that an apology from Jamaat is not merely a formality but a moral necessity. For Jamaat to claim legitimacy in a democratic Bangladesh, it must confront its past with honesty and integrity. Without a genuine apology, can the party realistically expect to build public trust and contribute to a future grounded in reconciliation? The (...) piece examines how such acknowledgment affects our nation’s political landscape, detailing the ontological, epistemological, ethical, and socio-political reasons why Jamaat’s apology is crucial for its survival in mainstream politics. (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 -/- -/- . (shrink)

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 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.

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

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 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)

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)

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

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)

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

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

This collection of articles was written over the last 10 years and edited to bring them up to date (2017). The copyright page has the date of the edition and new editions will be noted there as I edit old articles or add new ones. 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 attempts to give some insight into how we behave that is reasonably free of the theoretical delusions that are universal. In the next group, I show how these insights apply by reviewing some books in philosophy and psychology. Next I review books on science and religion and finally provide reviews and articles showing how understanding of both science and philosophy gives insight into the tragic delusions destroying the world. People believe that society can be saved by science, religion and politics, so I provide some suggestions 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 ii 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. Since philosophical problems are the result of our innate psychology, or as Wittgenstein put it, due to the lack of perspicuity of language, they run throughout human discourse and behavior, so there is endless need for philosophical analysis, not only in the ‘human sciences’ of philosophy, sociology, anthropology, political science, psychology, history, literature, religion, etc., but in the ‘hard sciences’ of physics, mathematics, and biology. It is universal to mix the language game questions with the real scientific ones as to what the empirical facts are. Scientism is ever present and the master has laid it before us long ago, i.e., Wittgenstein (hereafter W) beginning with the Blue and Brown Books in the early 1930’s. "Philosophers constantly see the method of science before their eyes and are irresistibly tempted to ask and answer questions in the way science does. This tendency is the real source of metaphysics and leads the philosopher into complete darkness." (BBB p18) The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The astute may wonder why we cannot see System 1 at work, but it is clearly counterproductive for an animal to be thinking about or second guessing every action, and in any case, there is no time for the slow, massively integrated System 2 to be involved in the constant stream of split second ‘decisions’ we must make. As W noted, our ‘thoughts’ (T1 or the ‘thoughts’ of System 1) must lead directly to actions. iii 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. Thus, all the articles, like all behavior, are intimately connected if one knows how to look at them. As I note, The Phenomenological Illusion (oblivion to our automated System 1) is universal and extends not merely throughout philosophy but throughout life. I am sure that Chomsky, Obama, Zuckerberg and the Pope would be incredulous if told that they suffer from the same problem as Hegel, Husserl and Heidegger, (or that that they differ only in degree from drug and sex addicts in being motivated by stimulation of their frontal cortices by the delivery of dopamine (and over 100 other chemicals) via the ventral tegmentum and the nucleus accumbens), but it’s clearly true. While the phenomenologists only wasted a lot of people’s time, they are wasting the earth and their descendant’s futures. Many of the articles describe the ‘digital delusions’, which confuse the language games of System 2 with the automatisms of System 1, 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. Also 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. Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/ nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The adventurous may regard this principle as a higher order emergent expression of the Second Law of Thermodynamics. Hi-tech enthusiasts hugely underestimate the problems iv resulting from unrestrained motherhood, and of course it is neither profitable nor politically correct (and now with third world supremacism dominant, not even possible) to be honest about it. The last section describes various versions of the ‘altruism delusion’ that we are selected for cooperation, 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 it. 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. 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. 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). Many accept the delusion that we are selected for cooperation with people generally (group selection or altruism) and not just our immediate relatives (kin selection or inclusive fitness), so I spend some time in the essays of the last section demolishing this fantasy. One thing rarely mentioned by the group selectionists is the fact that, even were ‘group selection’ possible, selfishness is at least as likely (probably far more likely in most contexts) to be group selected for as altruism. Just try to find examples of true altruism in nature –the fact that we can’t (which we know is not possible if we understand evolution) tells us that its apparent presence in humans is an artefact of modern life concealing the facts, and that it can no more be selected for than the tendency to suicide (which in fact it is). One does not really need science or mathematics to grasp this – it is crushingly obvious that an v organism cannot be selected for behavior that decreases the frequency of its own genes in the next generation. One might also benefit from considering a phenomenon never (in my experience) mentioned by group selectionists -- cancer. No group has as much in common as the (originally) genetically identical cells in our own bodies-a 100 trillion cell clone-- but we are all born with thousands and perhaps millions of cells that have already taken the first step on the path to cancer and generate millions to billions of cancer cells in our life. If we did not die of other things first, we (and perhaps all multicellular organisms) would all die of cancer. Only a massive and hugely complex mechanism built into our genome that represses or derepresses trillions of genes in trillions of cells, and kills and creates billions of cells a second, keeps the majority of us alive long enough to reproduce. One might take this to imply that a just, democratic and enduring society for any kind of entity on any planet in any universe is only a dream, and that no being or power could make it otherwise. It is not only ‘the laws’ of physics that are universal and inescapable, or perhaps we should say that inclusive fitness is a law of physics. 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—that humans are born with rights, rather than having to earn privileges. 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. 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. There cannot be human rights without human wrongs. It cannot be more obvious, but one will never see the streets full of protesters against motherhood. 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 it’s topsoil every year, so as it nears 2100, most of it’s 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 vi 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. 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. The popular notions supported by the Democratic Party and Third World Supremacists are that Democracy, Diversity, Equality and Social Justice will produce a Utopia in America and the world, but it is clear as crystal that they unavoidably foster selfishness and divisiveness and are producing collapse. Hence my concluding essay “Suicide by Democracy”. 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. -/- My writings are available as paperbacks and Kindles on Amazon. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) ASIN B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) ASIN B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) 2nd printing with corrections (Feb 2018) ASIN B0711R5LGX -/- Suicide by Democracy: an Obituary for America and the World (2018) ASIN B07CQVWV9C -/- . (shrink)

Corporate social responsibility has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of political (...) communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

This book explores how robotics and artificial intelligence can enhance human lives but also have unsettling “dark sides.” It examines expanding forms of negativity and anxiety about robots, AI, and autonomous vehicles as our human environments are reengineered for intelligent military and security systems and for optimal workplace and domestic operations. It focuses on the impacts of initiatives to make robot interactions more humanlike and less creepy. It analyzes the emerging resistances against these entities in the wake of omnipresent (...) AI applications. It unpacks efforts by developers to have ethical and social influences on robotics and AI, and confronts the AI hype that is designed to shield the entities from criticism. The book draws from science fiction, dramaturgical, ethical, and legal literatures as well as current research agendas of corporations. Engineers, implementers, and researchers have often encountered users' fears and aggressive actions against intelligent entities, especially in the wake of deaths of humans by robots and autonomous vehicles. The book is an invaluable resource for developers and researchers in the field, as well as curious readers who want to play proactive roles in shaping future technologies. (shrink)

Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.

Desde los trabajos de Catriona McKinnon se ha empezado a hablar del crimen de postericidio. Este crimen es entendido como aquella conducta intencional o imprudente capaz de provocar la casi extinción de la humanidad. En este trabajo mostraré por qué el principio de daño (intergeneracional e internacional) puede aportar buenas razones en favor de la justificación moral de la criminalización del postericidio. Argumentaré que ni el problema de la no-identidad ni el de los daños por acumulación hablan en contra de (...) considerar que la criminalización del postericidio está moralmente justificada. -/- ---------------------------------------------------------------------------------------------------- -------------------------- -/- The discussion on the crime of postericide has acquired a considerable boost since Catriona McKinnon’s writings. The crime of postericide is understood as an intentional or reckless conduct fit to bring about the near extinction of humanity. In this paper, I will show why the harm principle (intergenerational and international) is able to provide good reasons in favour of the moral justification of the criminalization of the postericide. I will argue that neither the non-identity problem nor the problem of the accumulative harms speak against considering the criminalization of the postericide morally justifiable. (shrink)

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)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

Advocates of Mars colonies commonly assert a supposed obligation to act so as to maximize the longevity of the human species. When this principle is defended, it is often by appeal to the alleged costs—of incoherence or misanthropy—of denying it. Against this supposed obligation, I argue for two theses. The modest thesis: it is not incoherent and need not be misanthropic to prefer human extinction sooner rather than later. The ambitious thesis: we should prefer human extinction sooner rather than (...) later. The supposed obligation to prolong our species is no justification of human activities in space. (shrink)

My aim in this paper is to show how the functionalist standards assumed in the AI debate are, in fact, the assumptions of a capitalist, ableist society writ large. The already established argument against the proposed humanity of AI systems implies a wider critique of the entire ideology of functionalism under which the notion of intelligent machines has taken root.

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)

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?

A recent report by the Swedish National Council for Crime Prevention in cooperation with the Swedish Security Service shows that the Internet has been extensively used to spread propaganda by proponents of violent political extremism, characterized by a worldview painted in black and white, an anti-democratic viewpoint, and intolerance towards persons with opposing ideas. We provide five arguments suggesting that philosophical dialogue with young persons would be beneficial to their acquisition of insights, attitudes and thinking tools for encountering such propaganda. (...) The arguments are based on stated requirements for problem solutions given by experts in violent political extremism, recent research about the effects of philosophical dialogue in young persons’ thinking skills, and parts of the basic theoretical framework of Philosophy for Children. Philosophical dialogues seem a promising way for young people to achieve a stronger democratic awareness and a more tenacious resistance against extremist views online. (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.

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

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)

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)

‘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)

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)

The connection between leadership style, on the one hand, policing and perception of corruption, on the other hand, has received little attention in the literature on leadership theory and organizational processes. Hence, the aim of this study is to examine the relationship between transformational leadership and perception of corruption within the police institution, especially in this instance, the Nigeria Police Force. Based on a sampling process of cross sectional approach, the data were collected by administering questionnaires on 156 respondents in (...) Alausa police district in Lagos State. The descriptive result shows that while transformational leadership is practiced in the Nigeria Police Force, the perceived level of corruption remains high. Though in varying degree, the results indicate a positive correlation between the attributes of transformational leadership (charisma, individualized consideration and intellectual stimulation) and the dimensions of corruption. While charisma consistently has a positive influence on the facets of corruption, individualized consideration and charisma influence the dimension of transparency within the police force. In addition, individualized consideration influences the facet of crime. Thus, transformational leadership seems to play an important, but complex role in the reduction of corrupt practices within the police institution. The findings were discussed in the specific contexts of transformational leadership theory, organizational practices and police corruption. The practical implications for organizational development, police reform and crusade against police deviances were also underscored. (shrink)