While anger can derail argumentation, it can also help arguers and audiences to reason together in argumentation. Anger can provide information about premises, biases, goals, discussants, and depth of disagreement that people might otherwise fail to recognize or prematurely dismiss. Anger can also enhance the salience of certain premises and underscore the importance of related inferences. For these reasons, we claim that anger can serve as an epistemic resource in argumentation.

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

In this paper, I answer the following question: suppose that two individuals, C and D, have been in a long-term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue there is compelling reason to endorse (...) the following thesis: -/- Prior Consent Thesis: D, when competent, can give valid prior consent to sex with her competent partner (C) that will take place after she has dementia, assuming that D is the same person as she was when she gave prior consent, meaning that, if D, when competent, gave prior consent to sex with C, then C may permissibly have sex with D. In section I, I explain both the background and the existing literature on this issue. In section II, I outline relevant stipulations about the kinds of cases I will be examining. In section III, I defend the Prior Consent Thesis. And, in section IV, I address objections to the Prior Consent Thesis. (shrink)

In We Have Always Been Cyborgs (2021), Stefan L. Sorgner argues that, given the growing economic burden of desirable welfare programs, in order for Western democratic societies to continue to flourish it will be necessary that they establish some form of algocracy (i.e., governance by algorithm). This is argued to be necessary both in order to maintain the sustainability and efficiency of these programs, but also due to the fact that further integration of humans into technical systems provides the only (...) effective means to bridge gaps in functionality and governance. However, Sorgner’s position is entirely insensitive to the design turn in applied ethics, which argues against the neutrality of technology, instead maintaining that technology and society co-construct each other with persistent feedback loops. This, I argue, is a problem for his account inasmuch as technologies, as they become more ubiquitous, likewise become pervasive and inextricable from our sociotechnical infrastructures. As such, less-than-beneficent forces, as current trends illustrate, can appropriate these seemingly banal infrastructures to gear them towards oppressive ends, thereby ultimately threatening the social democracies that Sorgner’s position aims to buttress. (shrink)

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Saraswvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Saraswvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

Translation and Annotation of 'Svarajya Siddhi' of Gangadharendra Sarasvati from the nineteenth century. This text is considered one of the five Siddhi texts, the other four being Naishkarmya Siddhi, Advaita Siddhi, Ishta Siddhi, and Brahma Siddhi. These texts have a very great value in Advaita Vedanta.

In this chapter, the author articulates two Hobbesian models of interpersonal power relations that can be used to understand gender relations: what he will call the dominion model and the deference model. Hobbes himself analyses the relation between men and women through the dominion model. The author lays out Hobbes's model of interpersonal power relations as dominion, including his application of the model to the case of gender relations. The centerpiece of Hobbes's method is his “state of (...) nature” thought experiment. Hobbes's analysis is radical insofar as he understands familial relations according to the general model of interpersonal relations just outlined, without any reference to sui generis principles. The author indicates some shortcomings of the dominion model for grasping contemporary social life. The much‐celebrated social contract between equal male citizens is quietly underpinned by the sexual contract, a contract of domination between men and women. (shrink)

How could a philosopher who insists on the exclusion of women from citizenship and state office by virtue of their insuperable weakness be an inspiration for feminism? The puzzles over Spinoza’s egalitarian credentials pose a problem particularly if one understands feminism primarily or exclusively as a demand for equality with men. When feminism is seen as a subcategory of Enlightenment commitments, one may choose to see Spinoza’s misogyny as superficial and as a betrayal of the radical potential of the egalitarianism (...) yielded by his metaphysics. But if feminism is not understood exclusively as one strand of late modern orthodoxy, we might better understand the surprising companionship of Spinoza and feminism. Indeed, Moira Gatens finds the heterodoxy of Spinoza’s thinking with respect to the ruling ideas today to be what is most valuable for feminism. Feminist Spinozism does not add to the chorus of praise for egalitarianism, secular politics, or the authority of reason in contrast to power. The Spinozist feminism pioneered by Moira Gatens and Genevieve Lloyd finds resources precisely in Spinoza’s challenges to late modern common sense, including perhaps especially an ethics and politics grounded in the givenness of human equality. (shrink)

While not ignored, the question of the role of mothers in the schema of political rule in Hobbes is not often taken up. Distinct from his contemporaries, Hobbes acknowledges only minimal differences between men and women, and argues that, because maternal protection and nourishment are necessary for its survival, the mother dominates the infant in the state of nature. How to explain that the mother loses this power of domination in the social or political order? Hobbes does not explicitly say. (...) However, some possibilities can be extracted from his texts. -/- Here, I will attempt to explain the loss of maternal power by examining Hobbes's discourse on the different modes of dominion and political rule in "De Cive" and "Leviathan." I will concentrate on their differences, drawing from Yves Charles Zarka's reading of them. Then I will approach the question of the mother and her position in the hierarchy of servitude in each of these texts, appealing to Carole Pateman's analyses as well as Zarka's. Finally, I will present what role the mother's dominion over her children plays in Hobbes's schema. (shrink)

ABSTRACT Francis Bacon and René Descartes have traditionally been presented as leaders of opposed philosophical currents. However, more and more studies show important continuities between their philosophies. This article explores one of them: their perspectives on medicine. The dominion over nature and the instinct for self-preservation are the central elements of the theoretical framework within which they inserted their assessments of medicine. Medicine is valued as the most outstanding discipline for its benefits for the care of the human being. (...) Departing from this start-point, one finds further coincidences about the status, practice, and reform of medicine. (shrink)

Taddeo’s recent article, ‘Information Warfare: A Philosophical Perspective’ (Philos. Technol. 25:105–120, 2012) is a useful addition to the literature on information communications technologies (ICTs) and warfare. In this short response, I draw attention to two issues arising from the article. The first concerns the applicability of ‘information warfare’ terminology to current political and military discourse, on account of its relative lack of contemporary usage. The second engages with the political and ethical implications of treating ICT environments as a ‘domain’, with (...) its ramifications for the pursuit of ‘dominion’, particularly through military action. (shrink)

This highly multidisciplinary collection discusses an increasingly important topic among scholars in science and technology studies: objectivity in science. It features eleven essays on scientific objectivity from a variety of perspectives, including philosophy of science, history of science, and feminist philosophy. Topics addressed in the book include the nature and value of scientific objectivity, the history of objectivity, and objectivity in scientific journals and communities. Taken individually, the essays supply new methodological tools for theorizing what is valuable in the pursuit (...) of objective knowledge and for investigating its history. The essays offer many starting points, while suggesting new avenues of research. Taken collectively, the essays exemplify the very virtues of objectivity that they theorize—in reading them together, the reader can sense various anxieties about the dangerously subjective in our age and locate commonalities of concern as well as differences of approach. As a result, the volume offers an expansive vision of a research community seeking a communal understanding of its own methods and its own epistemic anxieties, struggling to enunciate the key problems of knowledge of our time and offer insight into how to overcome them. -/- (Contributors: Alex Csiszar, Scott Edgar, Peter Galison, Ian Hacking, Sandra Harding, Moira Howes, Paolo Savoia, Judy Segal, Joan Steigerwald, and Alison Wylie). (shrink)

Part of a group commentary on Kant's Religion book. This chapter focuses on Part 2, section 2 on "The Evil Principle's Rightful Claim to Dominion over the Human Being, and the Struggle of the Two Principles with One Another" -/- .

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of (...) the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

Aristotle introduced in the history of the reception of Anaxagoras the term “homoiomerous.” This word refers to substances whose parts are similar to each other and to the whole. Although Aristotle’s explanations can be puzzling, the term “homoiomerous” may explain an authentic aspect of Anaxagoras’ doctrine reflected in the fragments of his work. Perhaps one should find a specific meaning for the term “homoiomerous” in Anaxagoras, somewhat different from the one present in Aristotle. This requires a review of the sense (...) of the two terms involved in it: “homoios” and “moira.” In other words, the following questions should be answered: what realities are named parts and to what whole do they belong? On the other hand, which similarity do they have to each another and to the whole? The author concludes that the parts are “all things,” which resemble each other and the universe as a whole because, according to Anaxagoras, they are all composed of all things. (shrink)

Show more ▾ There are various dichotomies in Kant’s philosophy: sensibility vs. rationality, nature vs. freedom, cognition vs. morality, noumenon vs. phenomenon, among others. There are also different ways of mediating these dichotomies, which is the systematic undertaking of Kant’s Critique of the Power of Judgment. One of the most important concepts in this work is the sublime, which exemplifies the connections between the different dichotomies; this fact means the concept’s construction is full of tension. On the one hand, as (...) a pure reflection of aesthetic judgment the sublime must be without interest or purpose, but on the other hand it is “based on the concept of reason” (KU AA:292). On the one hand, the sublime “represents merely the subjective play of the powers of the mind (imagination and reason) as harmonious” (KU AA5:258), but on the other hand, reason “exercises dominion over sensibility” and the imagination is “purposively determined in accordance with a law” of reason (KU AA5:268f). Taking into account these problems concerning the essential definition the sublime, this paper will first illustrate how the sublime embodies the a priori principle of aesthetic judgment through contrasting the judgment of the sublime with the judgment of taste in order to establish a basic logical frame for the judgment of the sublime. Second, this paper redefines the boundary between the mathematically and dynamically sublime in order to reveal both the coexistence of contemplation and movement within the sublime and the unrevealed function of reason and imagination. Finally, contrasting the sublime with moral feeling, this paper elaborates the turning-structure (from sensibility to rationality and from object-intuition to idea-exhibition) of the sublime. (shrink)

Aristotle introduced in the history of the reception of Anaxagoras the term ‘homoiomerous’. This word refers to substances whose parts are similar to each other and to the whole. Although Aristotle’s explanations can be puzzling, the term ‘homoiomerous’ may explain an authentic aspect of Anaxagoras’ doctrine reflected in the fragments of his work. Perhaps one should find a specific meaning for the term ‘homoiomerous’ in Anaxagoras, somewhat different from the one present in Aristotle. This requires a review of the sense (...) of the two terms involved in it: ‘homoios’ and ‘moira’. In other words, the following questions should be answered: what realities are named parts and to what whole they belong? On the other hand, which similarity do they have to each another and to the whole? The author concludes that the parts are “all things,” which resemble each other and the universe as a whole because, according to Anaxagoras, they are all composed of all things. (shrink)

We generally accept that medicine’s conceptual and ethical foundations are grounded in recognition of personhood. With patients in vegetative state, however, we’ve understood that the ethical implications of phenomenal consciousness are distinct from those of personhood. This suggests a need to reconsider medicine’s foundations. What is the role for recognition of consciousness (rather than personhood) in grounding the moral value of medicine and the specific demands of clinical ethics? I suggest that, according to holism, the moral value of medicine is (...) secured when conscious states are recognized in everyday medical science. Moreover, consciousness fully motivates traditional principles of clinical ethics if we understand respect for autonomy as respect for the dominion of an experiencer in the private, inescapable realm of bodily experience. When medicine’s foundations are grounded in recognition of consciousness, we understand how patients fully command respect even when they lack capacity to exercise their bodily dominion through decision-making. (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)

Causal Determinism (CD) entails that all of a person’s choices and actions are nomically related to events in the distant past, the approximate, but lawful, consequences of those occurrences. Assuming that history cannot be undone nor those (natural) relations altered, that whatever results from what is inescapable is itself inescapable, and the contrariety of inevitability and freedom, it follows that we are completely devoid of liberty: our choices are not freely made; our actions are not freely performed. Instead of disputing (...) the soundness of this reasoning, some philosophers prefer to maintain that we could yet have a small measure of freedom were CD true of our world: although being unable to choose or act differently, one could at least under normal circumstances truly claim to be acting ‘on one’s own’, beyond the control of ‘outside forces’, in a word, autonomous. They further argue that being free in this sense suffices for moral responsibility. Call their philosophy ‘Autonomy Compatibilism’ (AC). -/- In adopting here reactive attitudes towards an agent, one is choosing to highlight the fact that the individual in question is of sound mind, reasoning and acting free from the interference of others. These facts alone, the adherent of AC claims, justify his stance, despite the necessity of the agent’s choices. Why would we not regard a sane individual who is not being coerced, intimidated, deceived or unduly put upon as in charge of his life so as to be responsible for his activities? -/- The Manipulation Argument (MA) is supposed to cut off this line of retreat. Its authors hold that, were CD true of our world, we would be no more autonomous than a victim of “covert, non-constraining control” (CNC): manipulation whereby one person causes another, through the use of methods such as brainwashing or circumspect operant conditioning, to ‘do his bidding’ without the latter being aware of his subjugation or feeling in any way coerced. Since a CNC victim obviously lacks autonomy, then so must “persons” living in a deterministic universe. Defenders of AC have, then, the following argument with which to contend: -/- 1. Victims of CNC (obviously) lack autonomy. 2. Thus, AC would be true only if some definition of autonomy succeeds in specifying a freedom relevant difference between victims of CNC and agents whose choices/actions are necessary consequences of prior events. 3. There could be no such definition. 4. Therefore, AC must be false. -/- The challenge issued here is clear: find a way to refute the claim that being subject to natural laws would be tantamount to being a victim of CNC, to show that Nature is no manipulator. Moreover, this challenge cannot be met by responding with a Frankfurt case: a situation in which things have been surreptitiously arranged so that an agent is unable to avoid doing something that he manages to do ‘on his own’, thus, being autonomous despite his inability to act otherwise. For, even if CD is not inconsistent with autonomy because it eliminates the ability to do otherwise per se, it may yet entail that no human agent ever does act of his own accord, an implication of which would be a lack of alternatives on anyone’s part. In other words, the fact that causally determined beings could never act differently than they do does is perhaps only symptomatic of the reason why such beings would lack autonomy: forces beyond their control would have dominion over their psychological development. Thus, AC advocates must show that the way that an agent’s character would be shaped, were she (merely) subject to natural laws, would leave unimpaired an ability that CNC would destroy. What follows is a definition of this ability, which I also use to solve the Problem of Freedom and Foreknowledge. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is the (...) relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

Imperialism rarely receives discussion in mainstream philosophy. In radical philosophy, where imperialism is analyzed with some frequency, European expansion is the paradigm. This essay considers the nature and specificity of American imperialism, especially its racialization structures, diplomatic history, and geographic trajectory, from pre‐twentieth century “Amerasia” to present‐day Eurasia. The essay begins with an account of imperialism generally, one which is couched in language consistent with left‐liberalism but compatible with a more radical discourse. This account is then used throughout the rest (...) of the essay to illumine, through consideration of US foreign policy, structures of American dominion in Latin America, the Pacific, and Asia—and subsequently Eurasia. The overall analytic and geographic portrait offers critical context for both philosophy of race, which tends to be domestically oriented, and just war theory, which tends to ignore wider structures of diplomatic domination. (shrink)

How does an engagement with religious traditions (broadly construed) illuminate and complicate the task of thinking through the ethics of eating? In this introduction, we survey some of the many food ethical issues that arise within various religious traditions and also consider some ethical positions that such traditions take on food. To say the least, we do not attempt to address all the ethical issues concerning food that arise in religious contexts, nor do we attempt to cover every tradition’s take (...) on food. We look at just a few traditions and a few interesting writings on food ethics and religion: What do they say about the ethics of eating? Why do they say these things? Here we use the terms “food ethics” and “religion” ecumenically as big tents under which many importantly different sorts of things may be grouped. Among the wide range of food ethical issues we consider in this chapter, for example, are religious views about the ethics of keeping, hurting, and killing animals, killing plants, dominion over creation, wastefulness, purity, blessing, atonement, and the connection between food and character. We realize, moreover, that it might be a stretch to label some of the views engaged by selected readings in this chapter as “religious” on a stringent understanding of that term; Lisa Kemmerer’s “Indigenous Traditions,” for instance, addresses some views that are recognizably spiritual but perhaps not religious in a strict sense. We hope that our ecumenical usage of the term can bring these important traditions to bear on the discussion without reducing them to something they are not. (shrink)

The contemporary debate centering round the circumference of feminist discourse has of late been very potent in addressing the issues of certain prejudiced notions in our existing patriarchal structure. This paper is an attempt to show the ongoing paradox existing in the world of feminism which has thoroughly critiqued the patriarchal culture and has naturalized sexual identities, thereby glorifying man’s supremacy and dominion. The patriarchal culture lionized the ideals of brevity, courageousness, and intellect and thought of these as the (...) only special possessions of man in society. The qualities of being submissive, kind and caring in nature is considered to be “ideal” and exclusive qualities of a woman. Even though these qualities are “ideal” to women, they are discarded from being considered as universal in nature and are thought of as insignificant in the mainstream societal structure. These qualities are treated as inferior, and exclusively womanly and hence cannot make their stand in the conventional patriarchal social order. For this reason a dilemmatic situation arises here. My effort is to show that this dilemma cannot be exposed in the sense of gender specific human qualities. (shrink)

In the distant future, a thousand years after "The Seven Days of Fire"—the holocaust that rapacious industrialization spawned—the earth is a wasteland of sterile deserts and toxic jungles that threaten the survival of the few remaining human beings. This is the world of Hayao Miyazaki's film, Nausicaä of the Valley of the Wind. In this film, Miyazaki offers a vision of an alternative to the violent quest for dominion that has brought about this environmental degradation, through the struggle of (...) the young princess of the Valley of the Wind, Nausicaä. As a messianic figure, I contend the shōjo Nausicaä offers a beneficial estrangement from common conceptions of the gospel and opens up the ecological significance of Christ's message of non-violence. Exploring the ecological and pacific aspects of the gospel through this figure, I argue, may provide a helpful lens for examining our own distorting visions in this age of war and environmental crisis. (shrink)

One of the deepest assumptions of Judaism and its offspring, Christianity, is that there is an important difference between human persons and everything else that exists in Creation. We alone are made in God’s image. We alone are the stewards of the earth. It is said in Genesis that we have “dominion over the fish of the sea, and over the birds of the air, and over the cattle, and over all the earth, and over every creeping thing that (...) creeps upon the earth.” It is difficult to see how a traditional theist could deny the significance of the difference between human persons and the rest of Creation. We human persons are morally and ontologically special. (shrink)