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 (...) class='Hi'>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)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to (...) understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who (...) would be the scientists in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

_The Challenge of Human Rights_ traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in the (...) context of increasing globalisation. Confronts the major objections to human rights, including the charge of western ethical imperialism and cultural relativism. Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps (...) because of its multivalence, the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message is addressed to the welfare of all humans irrespective of their caste, color, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted (...) that human unity and oneness could be achieved through tolerance, communication, and respect for others. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

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

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary (...) the above said both are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how (...) early-modern political theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

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 one or two billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive immigration (...) and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. 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. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly. 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, the Democratic Party 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 first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. Another section describes the religious delusion – that there is some super power that will save us. The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). 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 last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. (shrink)

Za „ojca” filozoficznej kategorii „godności”, która legła u podstaw kategorii prawnej, uznawany jest powszechnie Immanuel Kant. Przypomnieć jednak trzeba, że w bardzo podobny sposób, choć w zasadniczo odmiennym kontekście systemowym, charakteryzował godność Tomasz z Akwinu, pół tysiąca lat wcześniej, uznając ją za fundament bycia osobą. Stąd najistotniejszym i centralnym elementem, tytułowej, klasycznej koncepcji człowieka jest koncepcja godności. Akwinata jest autorem bodaj najbardziej rozbudowanej koncepcji osoby w tradycji filozofii klasycznej. Co więcej zmierzać będę do wykazania, że jego koncepcja lepiej nadaje się (...) do teoretycznego ugruntowania praw człowieka niż koncepcja Kanta. Rekonstruując propozycję Kanta ograniczam się, zasadniczo rzecz biorąc, do analizy Uzasadnienia metafizyki moralności. Interesować będą mnie zagadnienia podstawowe, przede wszystkim – wynikające z różnicy kontekstów systemowych – różnice w pojmowaniu bycia celem samym w sobie. W perspektywie ontologicznej koncentrować się będę na powiązaniu godności z indywidualnością; w perspektywie antropologicznej – na tym, jakiego typu działania stanowią o doskonałości człowieka, jakie działania (czym określone) realizują człowieka jako cel sam w sobie. W szczególności interesować się będę miejscem rozumu i woli w określaniu treści działań (w perspektywie kantowskiej będzie to pytanie o określenie treści powinności; w perspektywie Tomasza – pytanie o treść realizowanego dobra). Zasadnicze pytanie, które leży u podłoża podjętej problematyki antropologicznej, jest pytaniem o to, na ile dla pojmowania godności istotne jest uznanie woli jako w sposób wolny współokreślającej treść powinności (Kant) lub dobra (Akwinata), a na ile woli jedynie podążającej za poznaną powinnością lub poznanym dobrem. Zmierzać będę do uzasadnienia tezy, że koncepcja Akwinaty w ugruntowaniu godności akcentuje wprost indywidualność opartą na wyborze czegoś, co nie jest jednoznacznie treściowo obiektywnie zdeterminowane i co wykracza poza to, co powszechne, poza to, co gatunkowe; natomiast koncepcja Kanta godność wiąże przede wszystkim z tym, co powszechne, gatunkowe i zapoznaje doniosłość indywidualności dla pojmowania godności. (shrink)

In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity (...) as high rank provides an illuminating perspective on the role it plays in the egalitarian discourse of human rights. In order to preserve that relational sense regarding human dignity, we can use the notion of moral status, towhich somemoral philosophers have paid attention in recent years.I explore the possibilities of the idea of moral status to better understand the idea of human dignity and its close relationship with human rights. (shrink)

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights (...) without loss, and I argue that his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (shrink)

Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was (...) not present in earlier Codes of Ethics of the National Association of Social Workers. Furthermore, until very recently, little published literature in peer-reviewed journals has human needs theories to guide models of social work practice or inform social work research. Universalistic assumptions about human needs have long been found within social work’s literature on human development (see Jani and Reisch 2011, under General Overviews). However, these assumptions were often inexplicit. They did not fully utilize theories of human need, which have long recognized that although human needs may be universal, they are addressed in culturally and environmentally specific manners. Also, in practice, social workers have often conflated human needs with the need for the services or benefits available at any one time. This bibliography will explore the history and evolution of the interdisciplinary body of human needs theory and research on which social work has drawn historically, with special attention to the recent surge in interest in human needs theories. In doing so, the entry will discuss a number of key debates that have arisen regarding needs, including whether they are universal or specific to particular cultures; what the relationship is between human needs, human rights, and social justice; and how to reconcile theories of human needs and of human capabilities. (shrink)

Human nature is a concept that transgresses the boundary between science and society and between fact and value. It is as much a political concept as it is a scientific one. This chapter will cover the politics of human nature by using evidence from history, anthropology and social psychology. The aim is to show that an important political function of the vernacular concept of human nature is social demarcation (inclusion/exclusion): it is involved in regulating who is ‘us’ (...) and who is ‘them.’ It is a folk concept that is used for dehumanization, for denying (a) membership in humankind or (b) full humanness to certain people in order to include or exclude them from various forms of politically relevant aspects of human life, such as rights, power, etc. (shrink)

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

Migration is a recurrent phenomenon of human history because it is a successful adaptive strategy of human beings. Although migration today is not of a greater magnitude than in the past, it attracts a great deal of media and academia attention. The present wave of non-Western immigrants into the United States and Europe caused, apart from myriad economic, social and political problems, an ideological dispute between globalism and right-wing populism. Both ideological approaches attract many zealots who spread extreme (...) opinions and poison the whole political life. Using the scholastic method, I examined some opposing points of view of globalists and right-wing populists on several topics regarding non-Western immigration: border control, illegal immigration, limitations of legal immigration, refugee relocation quotas and cultural integration of immigrants. The globalists’ and right-wing populists’ theses and arguments were checked in regard with established authorities, available factual data and human reason. Highlighting some important topics relating to immigration problem and weighing the main arguments used by globalists and right-wing populists, I also indicate several points of compromise that could help people to moderate their political opinions. (shrink)

Discrimination, slavery, and violence have always been distinctive colors in the painting of human history. There have been men or groups feeling greater than others. There have been unending oppressions among the human species. When confronted with these cases, most immediately think of human rights. On another side of human history, there has also been environmental detriment caused by uncontrolled human expansion. It is oppression among men and ‘vertical suppression’ of inter-species. The main actors (...) are humans. This phenomenon leads to a fundamental question about our actual Being (ὄντος). In the name of human dignity, George Kateb raises it in two fundamental concepts: human status and human stature. A philosopher should be able to examine human dignity as fundamental to human rights. Human dignity is human’s actual Being as [a] Being of human rights. This essay uses qualitative methods through literature research to examine human dignity ontologically, based on the primary sources of George Kateb, namely the palpable distinction between human status and human stature. While providing technological and natural phenomena, this paper gives a contextualization of existential human dignity from George Kateb’s ontological perspective. (shrink)

Krause’s philosophy deserves to be memorized as the first link in a chain of thinking on animal rights that is still on the way today. Though Krause was not the first to talk of animal rights in the history of animal ethics, his theory of animal rights is pathbreaking in embedding a conception of animal rights in an all-encompassing metaphysical system. The essay situates Krause’s theory of animal rights in the framework of his general theory (...) of rights and points to the challenges Krause’s theory faces by the inevitability of trade-offs between animal and human rights. (shrink)

In the prehistoric time, there was an inclination of human beings to protect their existence by living in societies. They confine themselves in the society because of having their qualities of mutual love and amity. The general tendencies of human beings are to develop bonds. These bonds happen in various ways. Society cannot survive without bonds. Bonds have significance in philosophical discussion. In the history of contemporary philosophy, applied philosophy is one of the several other aspects. Applied philosophy (...) deals with Human rights, Euthanasia, Feminism, Abortion, Animal rights, Bonds etc. Brenda Almond, a leading figure in applied philosophy, has offered arguments in favor of her viewpoint regarding the importance of human bonds. In this paper, Almond‟s view on the nature and significance of bond has been analyzed. However, bond has also been studied from ethical perspective in this paper. And finally, it is claimed that marriage and cosmopolitanism make bonds stronger. Philosophy and Progress, Vol#61-62; No#1-2; Jan-Dec 2017 P 147-164. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective (...) rights. This engagement with Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

Hailed as "a feast" (Washington Post) and "a modern-day bestiary" (The New Yorker), Stephen Asma's On Monsters is a wide-ranging cultural and conceptual history of monsters--how they have evolved over time, what functions they have served for us, and what shapes they are likely to take in the future. Beginning at the time of Alexander the Great, the monsters come fast and furious--Behemoth and Leviathan, Gog and Magog, Satan and his demons, Grendel and Frankenstein, circus freaks and headless children, right (...) up to the serial killers and terrorists of today and the post-human cyborgs of tomorrow. Monsters embody our deepest anxieties and vulnerabilities, Asma argues, but they also symbolize the mysterious and incoherent territory beyond the safe enclosures of rational thought. Exploring sources as diverse as philosophical treatises, scientific notebooks, and novels, Asma unravels traditional monster stories for the clues they offer about the inner logic of an era's fears and fascinations. In doing so, he illuminates the many ways monsters have become repositories for those human qualities that must be repudiated, externalized, and defeated. (shrink)

Broadly speaking, two views of modernity are prevalent in contemporary debates. According to the first view, i.e. “modernization theory,” there is one single form of modernity, which is tantamount to liberal, capitalist modernity. The West has already and fully achieved modernity; non-Western societies have lagged behind and must simply catch up with the West. In contrast, according to the second view, “post-colonial theory,” there is no such thing as modernity. What the West erroneously calls “modernity” is nothing but a highly (...) parochial way of thought, and of economic and political organization, that developed by accident first in the West and then by the exercise of military violence or economic power was subsequently “universalized.” In this chapter, I argue that Hegel, read properly, provides a third conception of modernity, one which, contrary to the modernization theory, respects differences between societies, and yet, contrary to post-colonial theory, does not engage in dividing the human species into fundamentally different or incommensurate groups. I argue that Hegel’s theory of modernity must be sought at the conjunction of the Science of Logic (specifically the logic of the Concept) and the Philosophy of Right. I then elaborate on Hegel’s theory of modernity, thus construed. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is (...) constructed. The conclusion contains an application of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

In the history of European philosophy and science, René Descartes is considered an author of a methodology of radical doubt, meditation, and the conception that explains the cause of human errors. But the course on internalization, knowledge of one's own Self, methodology of searching foundation of knowledge and conception of perfect reason have been formed already in the times of a Late Antiquity, particular by Augustine in his works “Soliloquies” and “Confession”, Boethius’s “The Consolation of Philosophy” and was continued (...) in the New age by Loyola’s “Spiritual exercises” and Teresa of Avila’s “The Interior Castle”. Therefore, Descartes could be rightfully considered rather the brilliant inheritor of this tradition than pioneer. To this chain of philosophers and theologians who were forerunners of Descartes’s theory of Radical doubt and especially problem of the source of human errors worth to add a new name – Hadewijch, the representative of medieval Dutch vernacular theology and her works “Visions” along with “Letters”. Precisely her point of view on cause of human errors, very close to the explanation have been given by Descartes in his IV Meditation. The aim of the research is to demonstrate common positions of Descartes’s and Hadewijch’s explanation of the nature of the errors. (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)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

A principal challenge facing the progressive bioethics project is the crafting of a consistent message on biopolitical issues that divide progressives. -/- The regulation of enhancement technologies is one of the issues central to this emerging biopolitics, pitting progressive defenders of enhancement, “technoprogressives,” against progressive critics. This essay [PDF] will argue that technoprogressive biopolitics express the consistent application of the core progressive values of the Enlightenment: the right of individuals to control their own bodies, brains and reproduction according to their (...) own conscience, under democratic states that work for the public good. -/- Insofar as left bioconservatives want to ensure the safety of therapies and their equitable distribution, these concerns can be addressed by thorough and independent regulation and a universal health care system, and a progressive bioethics of enhancement can unite both enthusiasts and skeptics. Insofar as bioconservative concerns are motivated by deeper hostility to the Enlightenment project however, by assertion of pre-modern reverence for human uniqueness for instance, then a common program is unlikely. -/- imageAfter briefly reviewing the political history and contemporary landscape of biopolitical debates about enhancement, the essay outlines three meta-policy contexts that will impact future biopolicy: the pressure to establish a universal, cost-effective health insurance system, the aging of industrial societies, and globalization. Technoprogressive appeals are outlined that can appeal to key constituencies, and build a majority coalition in support of progressive change. Finally, some guiding principles for a technoprogressive approach to biopolicy are offered. (shrink)

As an idea, transhumanism has received increasing attention in recent years and across numerous domains. Despite presidential candidates such as Zoltan Istvan, who ran on an explicitly Transhumanist platform in 2016 but later dropped out to endorse Hillary Clinton, transhumanism has taken root more recently in the conspiratorial imaginations of the dark web. Given the philosophy’s central emphasis on technology as an inherent good, imaginations in supposed alt-right internet circles have criticised it as an ideological gateway to global, fully-automated Communism. (...) This is not to say that such discussions on transhumanism are exclusively siloed and on the margins of society. Related discussions are happening at various well-known institutions and research centres such as the Institute for Ethics and Emerging Technologies, a non-profit think tank dedicated to techno-progressivism where I have been managing director for half a decade. What I mean to say here is that transhumanism is not monolithic. It is best described as multi-faceted and existing in different instantiations across multiple domains. James Michael MacFarlane’s recent book, Transhumanism as a New Social Movement: The Techno- Imagination, is an attempt to trace the history, meaning, and practices that characterise this variegated term. (shrink)

Given the sordid history of injustices linking genetics to race and ethnicity, considerations of justice are central to ensuring the responsible development of precision medicine programmes around the world. While considerations of justice may be in tension with other areas of concern, such as scientific value or privacy, there are also tensions between different aspects of justice. This paper focuses on three particular aspects of justice relevant to this precision medicine: social justice, distributive justice and human rights. We (...) describe the implications of each for the use of race and ethnicity in precision medicine, and also how they intersect and potentially conflict with each another. By attending to these intersections, we aim to enrich and add nuance to debates over how best to proceed with precision medicine initiatives. (shrink)

Health data processing fields face ethical and legal problems regarding fundamental rights. As we know, patients can benefit in the Digital Era from having health or medical information available, and medical decisions can be more effective with a better understanding of clinical histories, medical and health data thanks to the development of Artificial Intelligence, Internet of Things and other Digital technologies. However, at the same time, we need to guarantee fundamental rights, including privacy ones. The complaint about ethical (...) and legal requirements – including constitutional ones – is particularly relevant in the processing of health data. This paper is focused on the problem of the consent required to the processing of health data and the exceptions established in the new European Union General Data Regulation, which cover the processing of this special data -within other aims- for scientific, historical and statistical research as legitimate purposes, which include biomedical research. The conclusion is that these open concepts are problematic both for the protection of privacy rights and for the legal security/certainty of research. On one hand there are several interpretation problems, regarding the processing of health data and the protection of information privacy. On the other hand, professionals must follow the Multilevel legal framework and to guarantee fundamental rights in the processing of health data, so there are also problems of interpretation for researchers. Therefore, we need a clearer legal framework for biomedical research. (shrink)

This article discusses a crucial question through an analysis of Adorno's critique of Kant's moral philosophy: can human beings live a good life? Kant optimistically argues that human beings as rational beings have transcendental freedom and can autonomously formulate and follow universal moral laws without any empirical conditions. Therefore, human beings can always act morally and live a good life. Adorno, on the other hand, argues that there is no right life in a wrong life. Adorno, who (...) was at a different time in history from Kant, criticized Kant's philosophy of transcendental freedom, moral imperative, and identity, and proposed new moral imperatives. I think Adorno's critique of Kant's conception of freedom failed, but his critique of the moral imperatives and identity shows a complex and profound philosophical reflection and practical concern. (shrink)

The development discourse has been thrown into a disarray and paradigmatic quagmire by the impasse of neo-liberal transnational social cartographies. There are calls within the development discourse fraternity to deterritorise the concept of development so as to grapple with it sufficiently and effectively. Failure to adhere to this call, various development discourses have been accused of methodological territorialism. This paper uses critical hermeneutics to argue that the trajectory from Trickle Down and Basic Needs Theory to Human Rights, Capability (...) and Functionings approaches to development is fundamentally a paradigm shift from territorial to social cartographies. This paper further argues that despite the significance of social cartographies occasioned by neo-liberal globalisation, territorial cartographies as envisaged by structuralists, post-structuralists, post-developmentalists, post-colonialists and global ethnographers are still vital because of their thorough critique of the power discourse behind structures that disadvantage individuals. The paper contends that in order to realise engendered development, it is pertinent to ultimately look at the individual who is the basic ingredient of a moral society (ethical individualism) as well as the structures and strictures that disempower and vulnerablelise individual moral agents. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. (...) This chapter examines refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (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)

Kant is probably one of the most misunderstood philosophers in the history of Western thought. Some of the most well-known and pervasive objections to Kant’s practical philosophy often rest on considerable misunderstandings of his central theses or a poor and superficial reading of his work. A common misconception is that in Kant’s practical philosophy there is no place or role for human happiness. In Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights, Alice Pinheiro Walla dispels (...) this misunderstanding by elucidating Kant’s conception of happiness (understood in broadly hedonist terms) and showing that, for Kant, the pursuit of happiness plays an important role in our personal and collective lives. This means that, far from endorsing an ascetic ideal of the moral agent, as it is commonly thought, Kant’s system embraces an ideal of the human life in which there is significant space, and even a duty, to pursue pleasurable endeavours. Somehow surprisingly, in Pinheiro Walla’s reading, Kant’s ethics is arguably less demanding than standard interpretations of Aristotelian and Utilitarian ethical theories. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

In IVP50S, Spinoza claims that “one who is moved to aid others neither by reason nor by pity is rightly called inhuman. For (by IIIP27) he seems to be unlike a man” (IVP50S). At first blush, the claim seems implausible, as it relies on the dubious assumption that beings will necessarily imitate the affects of conspecifics. In the first two sections of this paper, I explain why Spinoza accepts this thesis and show how this claim can be made compatible with (...) his account of representation. In the third and final section I offer an auxiliary defense of the thesis, showing that, according to Spinoza, to be human is to sociable, and sociability depends on the imitation of the affects. (shrink)

The article is devoted to the issue of history comprehension of the ancient societies in the context of their religious identity. Religion is one of the fundamental elements of civilization idea (“ontological project”); it constructs “universe” that is distinguished by the “laws of nature”, specific only for it. To make “communication” with ancient people maximally authentic, the researcher should not only recognize their right to look at the “world” in its own way, but also accept its “laws”, that means – (...) religion as well. Since the latter is almost impossible, the scientist is deprived of the possibility to comprehend another cultural and historical reality as vivid establishment of human spirit; he/she will see only scheme or fable in it. The proposed in this paper method of “epistemological polytheism”, based on thought experiment, gives the possibility to bypass difficulties of perception and to approximate the understanding of meanings that define the ancient people worldview. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. (...) This chapter explains how this Fundamental Conditions Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

Human beings are social animals, not solitary ones. Morality is an instinct we have because it helps us socialize, live together harmoniously. This paper reviews how the evolution of morality and other mental functions associated with our survival and sociality gave rise to cultural behavior among the small groups of humans during the Palaeolithic period when the tribe was personified as a supernatural identity and guardian, a totem, an ancestor and ultimately a god. Loyalty to the tribe required loyalty (...) to the tribal god representing the tribe. Preservation of the tribe meant mistrust of other tribes and their gods. The merging of small groups rendered obsolete the tribal, locally cultural conception of religion, but it persisted as monotheism in the imperial stage of society from about 2000 BC, becoming the world religions. Today’s empires are global, and a belief system modelled on local tribes in competition is naïve divisive. Out-group hatred is more of a threat than any in-group moral benefits, and they too are disappearing with the failure to preserve small group coherence, and justice and fairness in capitalist society. The moral failure of imperial religion on the urban and global scale is the “Death of God”. Humans now cannot afford the moral laziness of constantly appealing to a supernatural totem in an otherwise do-nothing religion. Imperial religion was and still is a tool of the political right, used to manipulate us. Yet Christ offered an ethical scheme that is essentially a practical morality of mutual lovingkindness which does not require a supernatural God. It is Secular Christianity, a world view any scientist and atheist could adopt without compromise, and most Christians should. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...) natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

After a sketch of the optimism and high aspirations of History and Philosophy of Science when I first joined the field in the mid 1960s, I go on to describe the disastrous impact of "the strong programme" and social constructivism in history and sociology of science. Despite Alan Sokal's brilliant spoof article, and the "science wars" that flared up partly as a result, the whole field of Science and Technology Studies is still adversely affected by social constructivist ideas. I then (...) go on to spell out how in my view STS ought to develop. It is, to begin with, vitally important to recognize the profoundly problematic character of the aims of science. There are substantial, influential and highly problematic metaphysical, value and political assumptions built into these aims. Once this is appreciated, it becomes clear that we need a new kind of science which subjects problematic aims - problematic assumptions inherent in these aims - to sustained imaginative and critical scrutiny as an integral part of science itself. This needs to be done in an attempt to improve the aims and methods of science as science proceeds. The upshot is that science, STS, and the relationship between the two, are all transformed. STS becomes an integral part of science itself. And becomes a part of an urgently needed campaign to transform universities so that they become devoted to helping humanity create a wiser world. (shrink)

Over the course of the past several decades, Kant scholars have made significant headway in showing that emotions play a more significant role in Kant's ethics than has traditionally been assumed. Closer attention has been paid to the Metaphysics of Morals (MS) where Kant provides important insights about the value of moral sentiments and the role they should play in our lives. One particularly important discussion occurs in sections 34 and 35 of the Doctrine of Virtue where Kant claims we (...) have a duty to use sympathetic feelings "as a means of promoting active and rational benevolence" (MS 6:457). Kant labels this the "duty of humanity," and he suggests that nature has implanted sympathetic feelings in us "to do what the representation of duty alone might not accomplish" (ibid.). Commentators have rightly highlighted these remarks as prime evidence that feelings do play a positive role in Kant's ethics after all. (shrink)

The East European region has always created a space of interaction between the great powers of the Eastern and Western Europe of the different epochs in European history. Not just a contact and an interaction region between Europe, Asia and the Middle East (Africa), but also a pivot of the European security environment, most often forming a real axis on which this scene of confrontation between powers can bend into one or the other part. We can say that the Eastern (...) European region has formed hundreds of years ago (with the emergence of Ottoman power and its pressure on the Western powers, the emergence of the Tsarist and later Soviet power) a pivotal axis which determined the geopolitical configuration of the world and led successively to the advancement or decay of an empire or another. Indeed, the balance between Western powers and the Ottoman Empire, and later between the Austro-Hungarian Empire and the Eastern Powers, such as the Ottoman Empire and the Tsarist Empire, has been established for several hundred years right in this pivotal axis of Eastern Europe. For this reason, the political and military situation of the territories covered by the pivotal axis have always been a special one. This pivotal axis of Europe started from the Baltic Sea and was generally disposed over the continental strip where today are countries like Estonia, Latvia and Lithuania, a part of Poland (Pomerania and a part of Silesia), the Czech Republic, the western part of today Romania and a part of Serbia. This geographical positioning of the pivotal axis has led to a permanent political turmoil and change of borders in the mentioned regions. Referring exclusively to the manner in which this pivot axis intersected the current territory of Romania, we observe that in its passage from north to south it included Satu Mare, Oradea, Arad, Timişoara and Reşita. Oradea has always played an important role in Central-Eastern Europe, NATO recognizing the NATO HUMINT Centre of Excellence (HCOE) as a strategical organization with a remarkable contribution to the development of the Human Intelligence capability within the Alliance. (shrink)

What should we make of claims by members of other groups to have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse - reaching back to important, though neglected, origins of that discourse in 17th and 18th century Confucianism - with philosophical consideration of how various communities should respond to contemporary (...) Chinese claims about the uniqueness of their human rights concepts. The book elaborates a plausible kind of moral pluralism and demonstrates that Chinese ideas of human rights do indeed have distinctive characteristics, but it nonetheless argues for the importance and promise of cross-cultural moral engagement. (shrink)

Can the human rights we recognize today be derived from the central Muslim text, the Qur’an? I will argue that they can, but that this requires reconceptualising the believer’s relationship to revelation. On the standard view, the believer is bound by all prescriptions in the Qur’an. By contrast, I will argue that the Qur’an prescribes two distinct kinds of norms—thin norms and thick norms—and only the latter have normative force here and now. With this novel framework for understanding (...) Qur’anic norms on the table, I address two barriers to grounding human rights in the Qur’an: the problem of omission, according to which there are rights that we want to recognize that are seemingly missing in the Qur’an, and the problem of rejection, according to which the Qur’an seems committed to rejecting some rights that we do want to recognize. I will argue that both problems can be overcome. (shrink)

In this exposition of important and yet often neglected developments in the history of Western spirituality, Stefan Rossbach reminds us of the philosophical and spiritual underpinnings of the Cold War era. He argues that the conflict's main protagonists - representing the "Third Rome" and the "New World" respectively - drew on the traditions of apocalypticism, millenarianism and "Gnostic" spirituality for the formation and articulation of their self-understanding as the key agents of providential history. In order to characterize the attitudes reflected (...) in these traditions, "Gnostic Wars" offers a historical analysis of conceptions of subjectivity and spiritual order which imply the possibility, and indeed the necessity, of a radical "externalization of evil". Beginning with the "Gnostic" systems of late Antiquity, the analysis follows "lines of meaning" which extend, through the millenarianism of the late Middle Ages and the Hermeticism and "Christian Cabala" of the Renaissance, right up to the present. From the long-term perspective which is thereby established, the spectre of a man-made nuclear apocalypse appears as the latest and most dramatic expression of an outlook on the human condition which refuses to accept limits in the imposition of human designs on the world. The concluding discussion of the paradoxical continuities that underlie the sense of epoch evoked by the end of the Cold War highlights this work's implications for our understanding of contemporary international politics. (shrink)

Amalia Holst (1758-1829) has had a rather conflicted reception within the history of feminism. Her Über die Bestimmung des Weibes zur höhern Geistesbildung (On the Vocation of Woman to the Higher Education of the Mind, 1802) is a strident defense of women’s right of access to education; however her case relies on the presuppostion of woman's traditional threefold role as "mother, spouse, and housewife." In this essay, in addition to disclosing new details about Holst's life, I contend that a closer (...) reading of her text reveals a rather more radical project motivating her discussion, and that this helps alleviate concerns about her alleged unoriginality, conservatism, and elitism. (shrink)