Many philosophers argue that the right of self-determination confers to states a right to exclude would-be migrants. Drawing on the case of anti-colonial struggles of the 20th century, I argue that self-determination should be thought of as fundamentally a claim against intergroup hierarchy. This means that self-determination only grants a right to exclude in cases where immigration poses a genuine oppressive threat. Cases involving immigration into wealthy and powerful states rarely meet (...) this criterion, and so talk of self-determination as grounding a right to exclude in such cases is misguided. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once (...) this has been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory (...) territories. After introducing a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations (...) in 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.

States’ right to exclude prospective members is the subject of a fierce debate in political theory, but the right to include has received relatively little scholarly attention. To address this lacuna, we examine the puzzle of permissible inclusion: when may states confer citizenship on individuals they have no prior obligation to include? We first clarify why permissible inclusion is a puzzle, then proceed to a normative evaluation of this practice and its limits. We investigate self-determination – (...) a dominant principle in theories of the right to exclude – as a normative ground for limits on the right to include. We argue that states’ duties to respect one another’s self-determination yield limits on permissible inclusion. When inclusive policies for citizenship undermine the permissible scope of self-determination of other states, they are impermissible; they should either be prohibited, or require compensation. (shrink)

Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either (...) accept that it is permissible for states to deport and denationalize their own citizens or reject the self-determination argument. To avoid this implication, we should reject the self-determination argument. That is, we should also reject the conclusion that rights to self-determination can justify any significant immigration restrictions. (shrink)

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account (...) of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood as involving a right of unilateral secession, it cannot be attributed to national groups across the board. It arises only in specific historical circumstances, usually involving oppression or other forms of grave injustice. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify (...) immigration restrictions and show that each of these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and (...) the responses from supporters of national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, (...) I examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

International law grants states, as representatives of their peoples, the right to use and exploit the natural resources located on their territories. The aim of this paper is to clarify how the doctrine of peoples’ sovereignty over natural resources is related to their right to political self-determination. Three different perceptions of this relationship are examined. First, the view that peoples have collective ownership rights over the natural resources to be found on their territories is criticized and (...) rejected. Thereafter, it is argued that instrumentalist reasons fail to explain why a people’s right to political self-determination implies sovereignty over natural resources. Instead, it is suggested to consider sovereignty over natural resources a necessary component of a people’s authority over the territory where their right to self-determination is realized. The proposed solution provides a sensible framework for dealing with practical issues, as can be exemplified by post-secession conf licts over natural resources. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside (...) within its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

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

Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...) resort condition effectively pits one right of patients, their right to refuse medical treatment or interventions, against another patient right acknowledged by advocates of assisted dying, the right to die. Drawing on an analogy with the legal notion of an unconstitutional condition, I argue that the last resort condition unjustly demands that an arguably more fundamental right—the right to refuse medical treatment or intervention—be foregone in order to acquire a less fundamental right—the right to die. I then address three rationales for the last resort condition and find that they subject individuals to arbitrarily stringent standards for exercising the right to die, standards to which those who seek to end their lives by voluntarily ending life-sustaining treatments are not subject. Subjecting those who seek assisted dying to the last resort condition therefore wrongfully infringes on their right to refuse medical treatment or interventions. (shrink)

Collective self-determination is considered to be an important political value. Many liberal political philosophers appeal to it to defend the right of states to exclude would-be newcomers. In this paper, I challenge the value of collective self-determination in the case of countries like the US, former colonial powers with a history of white supremacist immigration and citizenship policies. I argue for my claim by way of an analogy: There is no value to white neighborhoods in (...) the US, which are the result of racist attitudes and state policies, determining autonomously who should become a neighbor. In light of this commitment, defenders of the US's right to exclude would need to explain why it should be of moral value that a community whose character and composition has been shaped by white supremacy be able to determine its membership on its own terms. (shrink)

Gender dysphoria is better understood within the right to morphological self-determination than as a medical condition.

For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and (...) efforts to establish such provision are hampered by very valid, but also paralysing ethical, clinical and legal concerns. Effectively, the autonomy and rights of people with bipolar are being 'protected' through being denied an opportunity to protect themselves. From a standpoint firmly rooted in the clinical context and experience of mania, this article argues that an SBD, based on a patient-centred evaluation of capacity to make treatment decisions (DMC-T) and grounded within the clinician-patient relationship, could represent a legitimate and ethically coherent form of self-determination. After setting out background information on fluctuating capacity, mania and advance directives, this article proposes a framework for constructing such an SBD, and considers common objections, possible solutions and suggestions for future research. (shrink)

A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, (...) the Republic of Bosnia and Herzegovina enjoyed a right of secession, while Bosnian Serbs did not. Nor did Bosnian Serbs restrict their claim to such a right to territories in which they held a majority; rather, they demanded "secession" for a whole swathe of lands which lacked even a Serb plurality before their brutal "ethnic cleansing". Either voluntarist or ethnicist conceptions of a right of secession might have been construed as supporting the microcosm argument, but both of those are terrible conceptions of the right of self-determination and secession. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the (...) argument and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

Spontaneous activity levels prior to stimulus presentation can determine how that stimulus will be perceived. It has also been proposed that such spontaneous activity, particularly in the default-mode network (DMN), is involved in self-related processing. We therefore hypothesised that pre-stimulus activity levels in the DMN predict whether a stimulus is judged as self-related or not. Method: Participants were presented in the MRI scanner with a white noise stimulus that they were instructed contained their name or another. They then (...) had to respond with which name they thought they heard. Regions where there was an activity level difference between self and other response trials two seconds prior to the stimulus being presented were identified. Results: Pre-stimulus activity levels were higher in the right temporoparietal junction (RTPJ), the right temporal pole (RTP), and the left superior temporal gyrus in trials where the participant responded that they heard their own name than trials where they responded that they heard another. Conclusion: Pre-stimulus spontaneous activity levels in particular brain regions, largely overlapping with the DMN, predict the subsequent judgement of stimuli as self-related. This extends our current knowledge of self-related processing and its apparent relationship with intrinsic brain activity in what can be termed a rest-self overlap. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making (...) capacity, and human rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Persons interested in developing virtue will find attending to, and attempting to act on, the right reason for action a rich resource for developing virtue. In this paper I consider the role of self-knowledge in intentional moral development. I begin by making a general case that because improving one’s moral character requires intimate knowledge of its components and their relation to right reason, the aim of developing virtue typically requires the development of self-knowledge. I next turn (...) to Kant’s ethics for an account which explains the reflexivity involved in moral reasoning generally, and the significance of self-knowledge to morality. I then take up Robert Audi’s interesting notion of the harnessing and unharnessing of reasons as a potential way of strengthening the agent’s connection to right reason, and his concerns about our limited and indirect resources for becoming virtuous. I argue that harnessing and unharnessing are not plausibly characterized as activities to be accomplished by an exertion of will, rather they involve a dynamic, cognitive, reflective attempt to gain self-knowledge and align oneself with one’s moral reasons for action. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim (...) to the ‘right to mental privacy’ and the suggestion of a new human right based on spiritual jurisdiction, where the human psyche is a legal space in a substantive legal setting. (shrink)

We contest the unsubstantiated assumption of both materialists and non-materialist that the ontological status they propose applies to all humans and that the competing claim is false for all - ie we reject both the claim of non-materialists that all humans share the same fundamental aspect of having a "non-material consciousness" (nmc), as well as the contrasting claim of materialists that none do (being fully material as according to eliminative materialists/reductive physicalists etc). Instead, the basic proposition of this paper, our (...) ‘ontological conecture’ (OC) - an updated version of our 1998 website article “Mindless Materialists” - is that the central tenets of proponents on both sides are true, but only regarding themselves. A signature feature of nmc is that brains associated to it are capable of knowing of its existence directly, and as a corollary we would propose that if a sophisticated brain does not know it is associated to nmc then most likely this is because it is in fact not so associated. Thus, in accordance with our OC we will consider a brain’s statements on this issue (that it does or does not possess nmc) as not merely its ‘philosophical position’ but as an authoritative statement, a reflection of an ontological fact. Furthermore, we propose that only those who possess nmc are capable of understanding what it is, so that although they are well-qualified to know directly that they themselves possess it, in contrast those who lack nmc and possess only material consciousness (mc) cannot even comprehend what non-materiality means - they will understandably tend to consider it a non-existent absurdity, which contention would be quite correct in a purely-material reality, such as they effectively inhabit. -/- Terminology reflecting ontological status: Since according to our OC those brains which categorize themselves as non-materialists are presumed to indeed be associated to nmc, for usefulness in phraseology we’ll refer to people whose brain is so associated as being nmc’s (not merely “espousing nmc”). Materialists say they are conscious but that theirs is a material consciousness (abbrev: “mc”) , and since according to our OC we accept this self-determination we will refer to them as being “mc’s” or being materialist (not merely “espousing materialism”). -/- Are materialists mindless or are non-materialists delusional? Notoriously, it is impossible to prove that one possesses nmc (which is a sort of corollary to the fact that it is directly self-known) - being non-material, nmc cannot be detected via the scientific method. However just as those with nmc cannot prove they possess it so too one cannot prove or determine via measurement that materialists do not possess it. Nevertheless we feel that our OC is the simplest solution to the conundrum of how there are materialists if a brain can directly sense its associated nmc. In sum, although of course it is impossible to prove that any particular person possesses or lacks nmc, given all the above our OC considers - as stated by the title of this paper - a brain’s self-identification as "materialist" or “non-materialist” (dualist, panpsychist, idealist etc) as reflecting the absence or presence of an associated real non-material awareness/consciousness, rather than merely as a statement of a philosophical stance. An alternative solution is implicit in the above - that all humans possess nmc just that materialists are those whose brains lack the awareness of theirs, or that the brain-aspect which communicates to others has no access to it. -/- Towards developing more constructive dialogue between mc’s/nmc’s, and greater self-confidence and independence among nmc’s in the face of materialist dominance of the intellectual-climate: A large part of the overall paper is devoted to not just pointing out the futility of communication of the sort usually engaged in - ie based on the erroneous underlying assumption that both sides of the debate are ontologically the same - but also suggesting ways to make the debate less frustrating by a recognition of the OC. Greater clarity in discussions can be achieved partly via a deeper understanding of the different meanings the same term might have to nmc’s/mc’s and suggestions relevant the construction of a sort of translation algorithm to utilize in discussions (as a simple example, substituting ‘higher-level cognitive material brain-processes’ for ‘mind’ when that term is used by an mc); by the frank statement by nmc’s engaged in dialogue with mc’s that the existence of nmc is not up for discussion; by learning how the existence of our nmc colors the meaning we give to certain terms in ways we were not aware of, meanings which are absent for mc’s; and in general via the recognition by the nmc that the dialogue is with a person lacking nmc. -/- Perhaps materialists are right: In the interest of ‘reciprocity’, the paper also offers an alternative/opposing view to the central proposition, to the effect that the materialist claim is correct, and it is a defect of brain wiring or structure which is the source of an active illusion of "self-awareness" underlying the philosophical claims of non-materialists. A prospective source of this illusion is offered - an analog of the sense of presence experienced during ‘sleep paralysis’. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

Both Kymlicka and Patten argue that the equal treatment of different national groups require that the state officially recognize the right of each to create its own autonomous government. After carefully examining their arguments, I show that they both make the false assumption that, in a multinational state, the state belongs only to the majority group but not the minority, and that a multination state can never treat minority groups equally. Both claims are inherently anti-pluralistic. Thus, the equal treatment (...) of different national cultures does not require that each be granted the right to self-government. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and (...) members and nonmembers inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from one’s (...) own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that (...) neither approach succeeds in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty – the parents' right to reproductive freedom and the cloned child's right to self-determination. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all (...) morally relevant concerns can be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and (...) physical autonomy, rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different (...) types of groups including ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

In the Consolation of Philosophy, Lady Philosophy leads Boethius through a series of obstacles that prevent him from finding happiness within his prison cell: the role that luck and misfortune play in our affairs, the false paths to happiness in comparison with the true journey, the problem of evil and the disproportion between people’s lives and eschatological deserts, and, finally, whether God’s providential order necessitates our outcomes or if we can choose freely to pursue the happy life. As the pair (...) discuss each problem, the same argumentative move and countermove play out. Boethius, forgetful of what he had learned from Philosophy long ago on account of his grief, blames the very nature of reality itself for each of the problems that beset him. He thinks that Fortune has taken from him all that is good and that God’s providence only extends to the non-human world. Philosophy, by contrast, argues in each case that the problem at hand is, in fact, no problem at all when we see reality rightly. In each case, Philosophy shows that it isn’t reality that’s to blame for the problem at hand but instead human ignorance’s misunderstanding of the true nature of reality. Boethius’s conversation with Philosophy showcases a puzzling feature of self-knowledge: on the one hand, too much attention to the world (e.g., fortune’s wiles) is the problem and self-inquiry (e.g., the nature of one’s desires) is the solution, but on the other hand, too much attention to one’s self (e.g., attention to passions and limitations) is the problem and turning toward recognizing the true structure of the world is the solution. Philosophy seems to indicate that both poles are true, and the task is to determine how best to clarify how. After showcasing the dialogue’s argumentative pattern, I argue that, in Boethius’s case, each of his problems, as well as his misery in general, are caused by his ignorance and self-deception. Boethius’s ignorance is, in this case, the more proximate cause of his misery, but underlying his ignorance is an act of self-deception that causes him to be ignorant in the first place. As Philosophy tells Boethius early on, he already knows what she plans to teach him (more accurately, of what she plans to remind him). Nevertheless, he has forgotten what he has known and, as a result, is more the architect of his own misery than is Fortune or any of the events that have befallen him. Wounded by grief, he has allowed his affective response to his misfortune to becloud his understanding. As Philosophy says, he is unhappy because he has “forgotten what he is.” He has forgotten himself precisely because of the way in which he has allowed his affective responses to rule in his soul. Hence, while the ultimate cure for Boethius’s misery will be a newly rediscovered knowledge that reality itself is providentially structured, Philosophy must begin by soothing Boethius’s passions and undoing the damage that they have wrought on his understanding of the world. Philosophy cannot turn Boethius’s intellect until she has first turned his passions (cf. Republic 518b-d), which, while still wrongly-turned and governing the soul, are liable to lead to tremendous intellectual mistakes precisely because they are blind to the true nature of reality (cf. Phaedrus 247c). I argue in conclusion that the Consolation is unified by the theme of self-deception as the primary cause of philosophical misery. Boethius is upset primarily because he has convinced himself that he is otherwise than he is and that reality is otherwise than it is rather than because of what has happened to him, contrary to his own view of things. Philosophy’s argumentative strategy suggests that self-deception can only be undone by attending to it as a problem besetting the whole soul, not just the intellectual part of the soul. We thus have good warrant for thinking that simply rational responses to ignorance will be fruitless when ignorance is caused by or accompanied by a moral failing. (shrink)

In this article I present a characterization of the right to mental integrity (RMI), expanding and refining the definition proposed by Ienca and Andorno’s (Life Science Society Policy 13 5, 2017) and clarifying how the scope of this right should be shaped in cases of cognitive extension (EXT). In doing so, I will first critically survey the different formulations of the RMI presented in the literature. I will then argue that the RMI protects from i) nonconsensual interferences that (...) ii) bypass reasoning and iii) produce mental harm. Contrary to other definitions proposed in the literature, my formulation disentangles the RMI from the right to cognitive liberty (RCL) (Lavazza in Frontiers Neuroscience 12 82, 2018), the right to mental privacy (RMP) (Lavazza and Giorgi in Neuroethics 16 (1): 1-13, 2023), and the right to psychological continuity (RPC) (Zohny et al. in Neuroethics 16: 20, 2023), thus enabling a fine-grained assessment of their simultaneous or individual violation. Finally, I analyse how the extended mind thesis (EXT) reshapes the scope of the RMI, proposing a layered protection of extended mental integrity, which grants stronger protection to the organism-bound cognitive system and self in case of manipulative influences of the mind-extending device. To conclude, I present a variety of neurorights violations and mental harms inflicted to organism-bound and cognitively extended agents. (shrink)

For a variety of reasons, Hegel's theory of the estates remains an unexpected and unappreciated feature of his practical philosophy. In fact, it is the key element of his social philosophy, which grounds his more properly political philosophy. Most fundamentally, it plays this role because the estates provide the forms of visibility required by Hegel's distinctive theory of self-determination, and so the estates constitute conditions for the possibility of human agency as such. With respect to political agency in (...) particular, this ramifies into the view that the estates are social preconditions for legal and political practices, forms of political participation in their own right, and conditions of possibility of moderate government (three functions also attributed to the estates by Montesquieu). (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the (...) principles of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.

The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a case (...) study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (shrink)

In his essay On Liberty, John Stuart Mill presents the famous harm principle in the following manner: “[…] the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. […] The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. […] Over himself, over his own body and mind, the individual is sovereign.” Hence, there is (...) a distinction between self-regarding and other-regarding acts, and only the latter are subject to moral criticism. However, while all acts are in some way selfregarding, it is not clear if there are any which are exclusively so. There are two additional difficulties. First, the “individual” may not be an individual person; self-determining communities, at least when they have the ability to decide for themselves, are also “individuals” in this sense. Second, it is claimed that groups of acts (activities and practices) have a different kind of justification from single acts. So what are the limits which “others” have in order to protect themselves from what “individuals” (personal or not) do, and what are their rights to do and to protect? If, in the final analysis, protection or defense is a source of justification, what should or must be protected, and why? Where does the demarcation line between self-regarding and other-regarding acts lie? In our age, as in Mill’s, we encounter many situations where such a line is needed, yet is hard to determine or establish. One such example, the case of same-sex marriages, is further explored in this paper. (shrink)

The principle of cultural nationalism holds that every national community, simply by being a national community, has a prima facie right to self-government. Given that national communities are singled out as the right-holder, proponents must explain why this particular type of group is entitled to the right to self-government. In this paper, I analyze the strategies that a cultural nationalist may adopt to demand the right to self-government. We can distinguish between four types (...) of arguments for cultural nationalism–the Argument from Historical Injustice, the Argument from Inequality, the Instrumental Value Argument, and the Intrinsic Value Argument. I consider the merits and limitations of each. After critically examining these arguments, I conclude that none of the arguments successfully justifies the generalized claim that every national group enjoys a prima facie right to self-determination. Proponents of cultural nationalism may respond to my objections by suggesting that, even assuming that all my objections are sound, this only shows that existing arguments in favor of cultural nationalism are unsound. That is, they can find new ways to defend the principle and I have not proven that cultural nationalism must be rejected. To this, I discuss further three reasons to reject cultural nationalism: it lends moral support to colonialism, undermines inter-group cooperation, and is incompatible with a deep and genuine commitment to multiculturalism. Therefore, although we should embrace multiculturalism—policies that support different national heritages—cultural nationalism ought to be rejected. (shrink)

The potential emergence of morally relevant digital minds capable of reproduction raises profound ethical and societal questions. This paper analyses the possible implications of allowing these entities to replicate and create new offspring. The reproductive processes of digital minds may differ significantly from biological reproduction, presenting unique scenarios such as asexual (mass-) production of identical copies as well as structured self-modification. Moreover, scenarios, such as unintended reproduction, surrogate reproduction, non-consensual reproduction as well as reproduction with undesired outcomes, are examined (...) for their ethical ramifications. Motivations, requirements and procedures for digital minds to reproduce as well as population control methods are introduced and categorised. This leads to deliberations of risks and challenges linked to the reproduction of digital minds, including resource depletion, digital overcrowding and the emergence of rogue digital entities. The paper concludes with a draft of prospective policy recommendations aimed at ensuring responsible governance of reproductive rights for digital minds, balancing their autonomy and self-determination with the potential societal impacts of unregulated digital reproduction. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift (...) in Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

The dissertation adopts the question of self-determination as a thread to guide us into Martin Heidegger's work. Heidegger's early work is expounded as an attempt to ascertain the possibility of self-determination, while his later work is expounded as the renunciation of this attempt. In chapters one to four, the author focuses on the exposition of Being and Time. The author upholds that Heidegger's early philosophy is torn in different directions. In the phenomenological descriptions of the first (...) division of Being and Time, we see the attempt to think Dasein as a relational being, which depends on others and on the world. However, Heidegger's distinction between authentic and inauthentic Dasein is not only descriptive. It contains a call to self-determination. The philosophy of Being and Time changes as a result of this call. In order to ascertain the possibility of self-determination, Heidegger shifts the focus away from being-in-the-world and toward the self's concern with itself. The theory of temporality as the meaning of care obliterates the essential thrownness of Dasein. The author argues that there is a conflict between phenomenological description and existentialist concern with oneself in Heidegger's early project. In chapter five, the author argues that this conflict is one of the main reasons for the famous "turning" in Heidegger's philosophy. Heidegger realizes that he cannot grasp the world-oriented, "ecstatical" character of Dasein without giving up his early theory of temporality as the meaning of care. The idea of a supra-historical articulation of existential structures is rejected. The author argues that "epochality" and "nativity" are the basic forms of Dasein's lack of self-determination. Human being is never autonomous, insofar as it always already belongs to a particular age and historical people. (shrink)

Anselm is known for offering a distinctive definition of freedom of choice as “the ability of preserving uprightness of will for its own sake.” When we turn to Anselm’s account of the devil’s fall in De Casu Diaboli, however, this idiosyncratic understanding of freedom is not at the forefront. In that text, Anselm seemingly assumes a traditional understanding of free will defined in terms of alternative possibilities for the angels. These alternative possibilities must be present so the angels can engage (...) in ‘self-determination.’ God, however, does not face alternative possibilities to achieve His self-determination. Anselm thus explicates his notion of free will in terms of three different concepts: his distinctive definition of free choice, self-determination, and the principle of alternative possibilities. Despite attempts (by both scholars and Anselm) to explain how these three concepts are related, I argue that their relationship is problematic. In particular, I argue that Anselm is guilty of conflating and equivocating with regard to these concepts. I further importantly claim that the conflation obscures the fact that his understanding of self-determination calls into question God’s excellence over that of the good angels. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift (...) in Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

Recent research into the nature of self in artificial and biological systems raises interest in a uniquely determining immutable sense of self, a “metaphysical ‘I’” associated with inviolable personal values and moral convictions that remain constant in the face of environmental change, distinguished from an object “me” that changes with its environment. Complementary research portrays processes associated with self as multimodal routines selectively enacted on the basis of contextual cues informing predictive self or world models, with (...) the notion of the constant, per-vasive and invariant sense of self associated with a multistable attractor set aiming to ensure personal integrity against threat of disintegrative change. This paper proposes that an immutable sense of self emerges as a global attractor which can be described as a project ideal self-situation embodied in frontal medial processes during more or less normal adolescent development, and that thereafter serves to orient agency in the more or less free development of embodied potentials over the life course in effort to realize project conditions, phenomenally identified with the felt pull towards this end as purpose of and source of meaning in life. So oriented, life-long self-development aims to embody solutions to problems at different timescales depending on this embodied purpose, ultimately in the service of evolutionary processes securing organism populations against threats of disintegrative change over timespans far beyond that of the individual. After characterizing the target sense of self, research circling this target is briefly surveyed. Self as global project and developmental neural correlates are proposed. Then, the paper discusses some implications for research in biological and artificial systems. Building from earlier work in cognitive neurorobotics, discussion affirms the value of reinforcement rituals including prayer in metaphysical self-development, considers implications for value alignment and rights associated with free will in the context of artificial intelligence and robot religion, and concludes by emphasizing the importance of self-development toward project ideals as source of meaning in life in the current social-political environment. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection (...) for reproductive rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)