This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that (...) class='Hi'>body can support the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

Ideas about soul and body – about thinking or remembering, mind and life, brain and self – remain both diverse and controversial in our neurocentric age. The history of these ideas is significant both in its own right and to aid our understanding of the complex sources and nature of our concepts of mind, cognition, and psychology, which are all terms with puzzling, difficult histories. These topics are not the domain of specialists alone, and studies of emotion, perception, or (...) reasoning have never been isolated theoretical endeavours. As Francis Bacon described human philosophy or ‘the knowledge of ourselves’, within which he located the study of body, soul, and mind, it ‘deserveth the more accurate handling, by how much it toucheth us more nearly’ (1605/ 2000: 93). The history of ideas in these domains is particularly challenging given the practical dimensions and implications of theories of mind. Because theories of human nature and debates about body and mind do ‘touch us’ so ‘nearly’, they attract and can thus reveal, in specific historical contexts, interconnected discourses or associations which may be quite unlike our own. So there are no neat boundaries around a historical category of ‘seventeenth-century British philosophy of the soul’. The central topic of this chapter can be thought of either as pneumatology, the doctrine or science of spirits and souls, or as continuous with the ‘psychologia’ or psychology of Aristotelian traditions (Park and Kessler 1988; Hatfield 1995: 184-6). In neither case, however, should we expect any deep unity to be provided by history, geography, discipline, or subject-matter. (shrink)

Using the metaphors body and voice and drawing on critical contributions on biopolitics, this article interrogates children’s participation rights in a knowledge culture of ‘evidencing’. With child welfare and protection practice as an empirical example, I analyse written assessment reports from a Swedish child welfare agency, all exemplifying how social workers evidence needs for protection and reasons for removing children from the home. I discuss how ‘evidencing’ equals a knowledge culture of seeing-believing and predicting-believing and the search for (...) visibly damaged bodies and underdeveloped minds. I furthermore problematise how such conceptualisation of evidencing foregrounds children’s ‘speaking’ bodies while silencing their voices. By showing these manifestations of evidencing, this critical contribution discusses some wider epistemic concerns for fields influenced by the knowledge cultures of ‘the evidence-based’. (shrink)

At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is (...) a right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have (...) been thought to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the (...) use of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

What we see is partially dependent on what we are shown. As communicators, we have a duty to inform and educate and lead. As environmental communicators we have the privilege of explaining how the various parts of our natural world work, individually, in unison, and in relationship to people. By examining two specific areas of growing global concerns, this paper provides an analytic tool and starts a discussion as to what should be guiding decisions concerning major environmental questions. The first (...) growing global concern discussed is tailings ponds in Northern Alberta’s oil sands. The second is the large bodies of air pollution in Asia. In both cases, (Good) short term decisions that benefit a few have led to large environmental concerns. Should humanity be worried about our future? Could (Right) long-term, sustainable, and inclusive decisions lead to more manageable environmental challenges? To be a communicator in the real world it is important to know and differentiate between the Good and the Right. Good and Right communications in environmental issues support daily or frequent acts concerning any or all of three critical areas: sustainability, conservation, and climate change. Questions are addressed. Where are people now with respect to environment, how did we get here, and what are the pros and cons of changing from Good to Right solutions? By looking at one individual’s choice, readers see that Good and Right decisions do not have to be mutually exclusive. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors (...) advance a trauma-informed approach to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

This commentary puts pressure on the “resistance to dissipation” criterion for Villalobos and Razeto-Barry’s conception of “autopoietic bodies.” It argues that resistance to dissipation can only be assessed against the backdrop of certain background conditions. If this is right then it is no longer so clear that systems not considered as autopoietic bodies but merely as autopoietic systems do not fulfill the requirements of being an autopoietic body. -/- .

Embodiment matters to perception and action. Beyond the triviality that, under normal circumstances, we need a body in order to perceive the world and act in it, our particular embodiment, right here, right now, both enables and constrains our perception of possibilities for action. In this chapter, we provide empirical support for the idea that the structural and morphological features of the body can narrow the set of our possible interactions with the environment by shaping the way we (...) perceive the possibilities for action provided. We argue that this narrowing holds true in the perception of what we call strongly embodied affordances, that is, relevant micro-affordances that have a genuinely demanding characteristic, as well as in the perception of actions performed by others. In particular, we show that perceptual contents are shaped by fine-grained morphological features of the body, such as specific hand-shapes, and that they change according to our possibility to act upon them with this body, in this situation, at this moment. We argue that these considerations provide insight into distinguishing a variety of experienced affordance relations that can aid us in better understanding the relevance of embodiment for perception and experience. (shrink)

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, (...) so that the weakness of the second concept does not contaminate the purity of the first. (shrink)

The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in (...) the Convention as the interspace (i.e. the space between terrestrial bodies). The Convention mirrors much of the rights outlined in the 1948 Universal Declaration of Human Rights but its purpose is to tailor those fundamental human rights to the context of spacefaring activity and to civilisations beyond planet Earth's atmosphere. The Convention was composed by Cometan and is published by the Astronist Institution alone on 23rd May 2022 and is scheduled to be republished as one of the preppendices of the Astrodoxy as its final major draft, after which only amendments may be made to its contents. (shrink)

….it [is] wholly irrational to regard as doubtful matters that are perceived clearly and distinctly by the understanding in its purity, on account of mere prejudices of the senses and hypotheses in which there is an element of the unknown.Descartes, Geometrical Exposition of the MeditationsSubstance dualism, once a main preoccupation of Western metaphysics, has fallen strangely out of view; today’s mental/physical dualisms are dualisms of fact, property, or event. So if someone claims to find a difference between minds and bodies (...) per se, it is not initially clear what he is maintaining. Maybe this is because one no longer recognizes ‘minds’ as entities in their own right, or ‘substances.’ However, selves - the things we refer to by use of ‘I’ - are surely substances, and it does little violence to the intention behind mind/body dualism to interpret it as a dualism of bodies and selves. If the substance dualist’s meaning remains obscure, that is because it can mean several different things to say that selves are not bodies. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, (...) and then showing why the situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

This paper investigates how global coherence is represented in consciousness. It summarizes various lines of research that I have developed over the last twenty years, employing a method that intersects phenomenological with bio-functional analysis. The phenomenological analysis derives from William James's treatment of the fringe, especially a component feeling he called 'right direction'and I call 'rightness'. My bio-functional analysis centres on the limitations of consciousness, and the design strategies that have evolved to finesse these limitations. I argue that fringe phenomenology, (...) in general, has been shaped by its cognitive functions. The function of rightness, in particular, is to represent degrees of fit between a conscious content and the vast body of relevant non-conscious context information. Rightness, then, signals degrees of global positive evaluation. Phenomenologically, rightness is the common element in our feeling that something is a coherent whole: that it is meaningful, correct, fits together, makes sense. It is at the heart of the Aha! experience and, when intense, aesthetic and mystical experience. This analysis also provides a new argument for the efficacy of conscious volition, and a general view of consciousness as a biological information bearing medium. (shrink)

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the (...) key provisions dealing with the redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

This challenging paper presents an ingenious argument for a functionalist theory of mind. Part of the argument: My visual cortex at the back of my brain processes the stimulation to my eyes and then causes other parts of the brain - like the speech centre and the areas involved in thought and movement - to be properly responsive to vision. According to functionalism the whole mental character of vision - the whole of how things look - is fixed purely in (...) the pattern of responses to vision and not in any of the initial processing of vision in the visual cortex. That this functionalist theory of vision is true can be proved with alarming ease. Imagine that just the left side of my visual cortex is replaced by a gadget that has precisely the same input/output relationship to the rest of the brain as the left visual cortex had. According to any view but functionalism, the character of my vision on the right side of my visual field (normally processed by the left visual cortex) would change radically with this change in all the intrinsic properties involved in the visual cortex, with this preservation of nothing but its functional role in bringing about my responses to vision. But, say I, we have enough here to be sure that in such a case there could be no change in the character of my vision. For we know by the stipulation of sameness of output that my responses in speech, thought and movement to the right side of my visual field will be precisely the same as they would have been with the natural left visual cortex and will harmonise just as they would have done with my responses to the other side of my vision. But if half my vision had disappeared or changed I’d be speaking, thinking and acting like someone with problems on the right side of his vision. It is impossible to separate my responses to vision from the character of my vision. The character of my vision is logically determined by the pattern of responses - by nothing but the functional role of my vision. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy (...) in this paper is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither (...) legal nor illegal and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international (...) law. [ii] In terms of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass (...) violence ... Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

In this article I critically re-examine Julia Kristeva's view that becoming a speaking subject requires psychical matricide: violent separation from the maternal body. I propose an alternative, non-matricidal conception of subjectivity, in part by drawing out anti-matricidal strands in Kristeva's own thought, including her view that early mother–child relations are triangular. Whereas she understands this triangle in terms of a first imaginary father, I re-interpret this triangle using Donald Winnicott's idea of potential space and Jessica Benjamin's idea of an (...) intersubjective space of thirdness. I argue that this space provides a maternal third term: a relation of connection and difference between two, a relation that inherits the affective, mobile, generative qualities of the maternal body as the infant (according to Kristeva) imagines it. This connecting space allows both mothers and children to emerge as subjects in their own right. I then suggest that potential-maternal space expands into language, so that language intrinsically allows the possibility of a speaking position of connection with the mother. Entrance into language need not entail separation or matricide: the problem is not language as such but the particular way that speech and logos have been defined historically. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the perspectives on (...) death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

The main focus of this paper is the mind-body problem in its relation to the doctrine of ‘neutral monism’ and the question who can be considered its proponents. According to Bertrand Russell, these are Ernst Mach, William James, and John Dewey (to name a few). This paper aims to clarify whether Russell himself was right in his conclusions or not. At first, I start with the clarification of the relation between ‘neutral monism’ and ‘dual-aspect theory’. Secondly, I analyze the (...) ‘big three’ of the neutral monism: Mach, James and Russell. My starting-point here is Russell’s very understanding of Mach and James positions. In the end, it appears that neither Mach, nor James as well as Dewey can be considered as neutral monists. It was rather Russell’s misunderstanding of the both James’ radical empiricism and Mach’s analysis of sensations, which led him to the creation of his own original version of ‘neutral monism’ (or ‘Russelian monism’). (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. (...) Moreover, though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

Embodied cognitive science has argued that cognition is embodied principally in virtue of grossmorphological and sensorimotor features. This thesis argues that cognition is also internally embodied in affective and fine-grained physiological features whose transformative roles remain mostly unnoticed in contemporary cognitive science. I call this ‘proper embodiment’. I approach this larger subject by examining various emotion theories in philosophy and psychology. These tend to emphasise one of the many gross components of emotional processes, such as ‘feeling’ or ‘judgement’ to the (...) detriment of the others, often leading to an artificial emotion-cognition distinction even within emotion science itself. Attempts to reconcile this by putting the gross components back together, such as JessePrinz’s “embodied appraisal theory”, are, I argue, destined to failure because the vernacular concept of emotion which is used as the explanandum is not a natural kind and is not amenable to scientific explication.I examine Antonio Damasio’s proposal that emotion is involved in paradigmatic ‘cognitive’ processing such as rational decision making and argue (1) that the research he discusses does not warrant the particular hypothesis he favours, and (2) that Damasio’s account, though in many ways a step in the right direction, nonetheless continues to endorse a framework which sees affect and cognition as separate (though now highly interacting) faculties. I further argue that the conflation of ‘affect’ and 'emotion' may be the source of some confusion in emotion theory and that affect needs to be properly distinguished from ‘emotion’. I examine some dissociations in the pain literature which give us further empirical evidence that, as with the emotions, affect is a distinct component along with more cognitive elements of pain. I then argue that affect is distinctive in being grounded in homeostatic regulative activity in the body proper. With the distinction between affect, emotion, and cognition in hand, and the associated grounding of affect in bodily activity, I then survey evidence that bodily affect is also involved in perception and in paradigmatic cognitive processes such as attention and executive function. I argue that this relation is not ‘merely’ casual. Instead, affect (grounded in fine-grained details of internal bodily activity) is partially constitutive of cognition, participating in cognitive processing and contributing to perceptual and cognitive phenomenology. Finally I review some work in evolutionary robotics which reaches a similar conclusion, suggesting that the particular fine details of embodiment, such as molecular signalling between both neural and somatic cells matters to cognition. I conclude that cognition is properly embodied’ in that it is partially constituted by the many fine-grained bodily processes involved in affect (as demonstrated in the thesis) and plausibly by a wide variety of other fine-grained bodily processes that likewise tend to escape the net of contemporary cognitive science. (shrink)

I argue that Husserl’s transcendental account of the role of the lived body in sense-making is a precursor to Alva Noë’s recent work on the enactive, embodied mind, specifically his notion of “sensorimotor knowledge” as a form of embodied sense-making that avoids representationalism and intellectualism. Derrida’s deconstructive account of meaning—developed largely through a critique of Husserl—relies on the claim that meaning is structured through the complication of the “interiority” of consciousness by an “outside,” and thus might be thought to (...) lend itself to theories of mind such as Noë’s that emphasize the ways in which sense-making occurs outside the head. But while Derrida’s notion of “contamination” rightly points to an indeterminateness of meaning in an outside, extended, concrete lived world, he ultimately reduces meaning to a structure of signification. This casts indeterminateness in terms of absence, ignoring the presence of non-linguistic phenomena of embodied sense-making central to both the contemporary enactivist program and to the later Husserl, who is able to account for the indeterminateness of meaning in lived experience through his distinction between sense and more exact linguistic meaning. Husserl’s transcendental theory of meaning also allows for a substantive contribution to sense-making from the side of the perceived object—an aspect missing from Noë’s account. Thus, in contrast to Derrida and to Noë, Husserl accounts for sense-making in terms of both the lived body and the lived world. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for (...) legal protection. Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (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)

This book rightly argues for greater inclusion of the natural and social sciences in the humanities, especially philosophy. The author draws from psychology, especially folk psychology, to show that a basic trait of universal human cognition contains a form of weak dualism. It is a dualism based on the embodied awareness that one’s own thoughts are different from external objects, which generates the belief in a mind/body dualism. The book offers a great deal of evidence that the ancient Chinese (...) embraced a weak mind/body dualism. The author criticizes most philosophers who have proposed a mind/body holism. Because the author admits that correlative thinking is also a function of universal human cognition, I propose that what he refers to as weak mind/body dualism is actually a form of mind/body nondualism. The book cites many examples of how cross-culturally people depict the disembodied spirit in a spiritual-bodily or ghostly-apparition form. The author of this review argues that dualism is another form of the Orientalism that the book wants to avoid, and one way to avoid Orientalism-dualism would be to embrace the correlative, nondual mind/body relationship. (shrink)

Thom Brooks'sHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightpresents a very clear and methodologically self-conscious series of discussions of key topics within Hegel's classic text. As one might expect for a ‘systematic’ reading, the main body of Brooks's text commences with an opening chapter on Hegel's system. Then follow seven chapters, the topics of which are encountered sequentially as one reads through thePhilosophy of Right. Brooks's central claim is that too often Hegel's theories or views on (...) any of these topics are misunderstood because of a tendency to isolate the relevant passages from the encompassing structure of thePhilosophy of Rightitself, and, in turn, from Hegel's system of philosophy as a whole, with its logical underpinnings. Brooks is clearly right in holding that Hegel hadintendedthePhilosophy of Rightto be read against the background of ‘the system’ and the ‘logic’ articulating it —nobody doubts that— but there is a further substantive issue here.Shouldcontemporary readers heed Hegel's advice? Brooks's answer is emphatically in the affirmative, and what results is a series of illuminating discussions in which he makes a case for his own interpretations on the basis of systematic considerations, presented against a range of alternatives taken from the contemporary secondary literature, which is amply covered, often in the extensive endnotes to the book. (shrink)

That Kant’s moral thought is invoked by both advocates and opponents of a right to assisted dying attests to both the allure and and the elusiveness of Kant’s moral thought. In particular, the theses that individuals have a right to a ‘death with dignity’ and that assisting someone to die contravenes her dignity appear to gesture at one of Kant’s signature moral notions, dignity. The purposes of this article are to outline Kant’s understanding of dignity and its implications for the (...) ethics of assisted dying. According to Kant, that which has dignity must be treated as an end in itself and may not permissibly be exchanged for that which merely has price. Kant’s reasoning thus seems to preclude acts of self-killing, including voluntary assisted dying, that rest on individual self-interest, since a person’s interests merely have price. However, a recognizably Kantian view of dignity can permit assisted dying under two sets of circumstances: First, it can be permissible for agents who anticipate a degradation of their rational agency due to conditions such as dementia to direct others to end their lives once sufficiently demented. In so doing, such agents in effect exercise a right to impose obligations on others regarding how their bodies, which will at some future point no longer be the vessels of their rational agency, are to be disposed of. Second, Kant errs in supposing that our dignity can stem solely from our moral personality, i.e., from our capacity to abide by universalizable moral principles. Rather, complete dignity also requires the capacity for setting discretionary ends and the means to those ends, i.e., the dignity of humanity. Individuals with prolonged and intense depression, in severe pain, or with serious disability may lack humanity while retaining their moral personality. In such cases, I propose that their opting to end their lives, with or without the assistance of others, does not amount to exchanging their dignified selves for something which merely has price and is therefore not objectionable on Kantian grounds. (shrink)

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

In this article, I am interested in dual-aspect monism as a solution to the mind-body problem. This view is not new, but it is somewhat under-represented in the contemporary debate, and I would like to help it make its way. Dual-aspect monism is a parsimonious, elegant and simple view. It avoids problems with “mental causation”. It naturally explains how and why mental states are correlated with physical states while avoiding any mysteries concerning the nature of this relation. It fits (...) well with our ordinary picture of the world, as well as with the scientific picture. It gives its rightful place to the phenomenal, qualitative, subjective character of experience, instead of reducing it or eliminating it. It does not unnecessarily multiply ontological categories. It can come in many versions, and is compatible with other interesting views, such as panpsychism. (shrink)

Based on the argumentative analysis, the essential title is interpreted within its entitle as it leaves bias open 'along the lines' as to whether the January 6th insurrection that took place on Capitol Hill was or was not justified or unjustifiably ‘so’ by Jean-Jacques Rousseau’s right to revolution. Detailed evidence to support and prove such intended thesis stretches this theoretical statement as it gambles to reckon with a central paradoxical and unhumored tone that leaves the reader and/or author’s perspective to (...) be ‘centered’ (and left due to a play of ‘centeredness’). As it pertains to the fallout and outcome of how governmental, national, and militaral leadership (given the reality of a sovereign leader or a reign). Presentational style is constructed or structured oddly awakes uncontrollable, uncensored, unmeasurable, and untouchable personification that is nonstop. Such series of quoted citations are pieces of instruction that serve to admire and of acceptability in pursuit of Rousseauian logic as it poses a modest figurative language where its main objective is to attempt to underline the principles and techniques that plague post-modernists within the scope of legislative, executive, or even judicial systems of functionalities. (shrink)

I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is (...) a good dividing line between the freedom to abort and the point at which society is permitted to take an interest. Once born, children detach from their mothers; no invasion of their bodies is necessary to separate them. Yet some ways of bringing them up can have a negative impact on society. There is a thus legitimate interest in protecting ourselves from the results of truly bad parenting. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

Baruch Spinoza’s philosophy of mind stirs up the disputes about the nature of body-mind relations with its rigorous and naturalistic monism. The unity of body and mind is consequential of his metaphysics of the substance, but the concept of the unity of the mind and its idea rightfully confuses Spinoza’s commentators. Many have been tempted to interpret this as a possible account of consciousness, but it still has not yet been fully understood. This paper attempts to introduce an (...) interpretation of the concept of ideas of ideas with regards to consciousness based on strict ontological monism, conceptual dualism, and self-similarity architecture, which concludes in distinguishing mental and psychic reality. While we might attribute mental reality, or mentality, to every extended thing, psychic reality is constituted by conscious ideas. And it seems to follow from Spinoza’s theory that the more ‘psychic’ the mind is, the more it knows God. (shrink)

This paper rehabilitates the Stoic conception of blending from the ground up, by freeing the Stoic conception of body from three interpretive presuppositions. First, the twin hylomorphic presuppositions that where there is body there is matter, and that where there is reason or quality there is an incorporeal. Then, the atomistic presupposition that body is absolutely full and rigid, and the attendant notion that resistance (antitupia) must be ricochet. I argue that once we clear away these presuppositions (...) about body, the foundations of Stoic corporealism fall into place. Body is fundamental (not hylomorphic). The two fundamental principles (archai) are bodies: divine active reason (logos) and passive matter (hulē); and these two bodies are two, not matter and form all over again, nor actual and potential, but agent and patient. The independence of the two archai is no threat to the unity of the cosmos, however, because the Stoic theory of body allows for the complete coextension of the archai. The hylomorphic thinker rightly asks, what relation could be tighter than that of the wax and its shape? The Stoic replies: a causal relation, the interaction of agent and patient completely coextended in a through and through blend. (shrink)

In the light of Philipp Sarasin's work in Darwin und Foucault: Genealogie und Geschichte im Zeitalter der Biologie, the article delineates a genealogically articulated naturally produced culture and a cultured nature and discusses the genealogical implications of a carnal, becoming self in a world that could rightly be justified "as an aesthetical phenomenon." The article demonstrates the historicity and processual materiality as a conceptual platform for a combination of the notions of experienced carnality and a socially constructed body, demonstrating (...) such a historically embedded carnal body as a binding agent for the "social constructivist" and "biologist" approaches in sciences. Thus, the article builds a framework for the articulation of senseful, processual materiality on the backdrop of a nature-culture continuum via genealogy, suggesting the necessity for change of tone in the communication of human and life sciences via the understanding of a culturally endowed biology. (shrink)

Leibniz claims that Berkeley “wrongly or at least pointlessly rejects abstract ideas”. What he fails to realize, however, is that some of his own core views commit him to essentially the same stance. His belief that this is the best (and thus most harmonious) possible world, which itself stems from his Principle of Sufficient Reason, leads him to infer that mind and body must perfectly represent or ‘express’ one another. In the case of abstract thoughts he admits that this (...) can happen only in virtue of thinking of some image that, being essentially a mental copy of a brain state, expresses (and is expressed by) that state. But here he faces a problem. In order for a thought to be genuinely abstract, its representational content must differ from that of any mental image, since the latter can represent only particular things. In that case, however, an exact correspondence between the accompanying mental image and the brain state would not suffice to establish a perfect harmony between mind and body. Even on Leibniz’s own principles, then, it appears that Berkeley was right to dismiss abstract ideas. (shrink)

Most ethical discussions about diet are focused on the justification of specific kinds of products rather than an individual assessment of the moral footprint of eating products of certain animal species. This way of thinking is represented in the typical division of four dietary attitudes. There are vegans, vegetarians, welfarists and ordinary meat -eaters. However, the common “all or nothing” discussions between meat -eaters, vegans and vegetarians bypass very important factors in assessing dietary habits. I argue that if we want (...) to discover a properly assessed moral footprint of animal products, we should take into consideration not only life quality of animals during farming or violation of their rights—as is typically done—but, most of all, their body weight, life time in farms and time efficiency in animal products acquisition. Without these factors, an assessment of animal products is much too simplified. If we assume some easily accepted premises, we can justify a thesis that, regardless of the treatment of animals during farming and slaughtering, for example, eating chicken can be 163 times morally worse than eating beef, drinking milk can be 58 times morally better than eating eggs, and eating some types of fish can be even 501 times worse than eating beef. In order to justify such a thesis there is no need to reform common morality by, for example, criticizing its speciesism. The thesis that some animal products are much worse than others can be justified on common moral grounds. (shrink)

My visual cortex at the back of my brain processes the stimulation to my eyes and then causes other parts of the brain - like the speech centre and the areas involved in thought and movement - to be properly responsive to vision. According to functionalism the whole mental character of vision - the whole of how things look - is fixed purely in the pattern of responses to vision and not in any of the initial processing of vision in (...) the visual cortex. That this functionalist theory of vision is true can be proved with alarming ease. Imagine that just the left side of my visual cortex is replaced by a gadget that has precisely the same input/output relationship to the rest of the brain as the left visual cortex had. According to any view but functionalism, the character of my vision on the right side of my visual field (normally processed by the left visual cortex) would change radically with this change in all the intrinsic properties involved in the visual cortex, with this preservation of nothing but its functional role in bringing about my responses to vision. But, say I, we have enough here to be sure that in such a case there could be no change in the character of my vision. For we know by the stipulation of sameness of output that my responses in speech, thought and movement to the right side of my visual field will be precisely the same as they would have been with the natural left visual cortex and will harmonise just as they would have done with my responses to the other side of my vision. But if half my vision had disappeared or changed I’d be speaking, thinking and acting like someone with problems on the right side of his vision. It is impossible to separate my responses to vision from the character of my vision. The character of my vision is logically determined by the pattern of responses - by nothing but the functional role of my vision. (shrink)

the article presents Jean Paul Sartre’s idea of the human body and the bodiliness described in his book Being and nothingness (1943). In this book, Sartre argued that every human relation is based on the objecti cation of one human by another, and entering into empathic contact is basically impossible. the author of the article has con onted this thesis with contemporary psychological and neuropsychological thought (mirror neuron theory) and has investigated how the category of empathy functions in literary (...) studies. A very important part of this article is the re ection on the presence and topicality of Sartre’s beliefs in the literature. the author has conducted an interpretation of Witold gombrowicz’s story Tancerz mecenasa Kraykow‐ s ego (1926) om the collection Bakakaj (1957), and has shown that the ideas presented by Sartre are re ected there in a very interesting way. Sartre’s philosophy turns out to be abso‐ lutely up‐to‐date right now, more than many psychological theories — it not only supplies a philosophical base for the analysis of human relations (those also presented in literature), but also gives a certain tool for describing them in the form of speci c language and terminology. (shrink)

In this essay, I draw on Kant’s legal philosophy in order to defend the right to voluntary motherhood by way of abortion at any stage of pregnancy as an essential feature of women’s basic rights. By developing the distinction between innate and acquired right in Kant’s legal philosophy, I argue that the viability standard in US law (as established in Planned Parenthood v. Casey) misunderstands the nature of embodied right. Our body is the site of innate right; it (...) is the means through which we can set and pursue ends in the world. The law, therefore, cannot adjudicate the relationship between the will and the body: it cannot require us to allow our bodies to be used against our will. By comparing unwanted pregnancy to sexual assault, I problematize the notion that consent to pregnancy, like consent to sex, can ever be conclusive. I examine Kant’s own account of unwanted pregnancy, in which he describes mother and child finding themselves “in a state of nature” in order to rethink the status of the fetus in law, and I argue that we should understand the fetus’s right to life as provisional, rather than as enforceable by law. (shrink)

In this article I clarify the concepts of ‘pain’, ‘suffering’. ‘pains of body’, ‘pains of soul’. I explore the relevance of an ethic to the clinical setting which gives patients a strong prima facie right to freedom from unnecessary and unwanted pain and which places upon medical professionals two concomitant moral obligations to patients. First, there is the duty not to inflict pain and suffering beyond what is necessary for effective diagnosis. treatment and research. Next, there is the duty (...) to do all that can be done to relieve all the pain and suffering which can be alleviated. I develop in some detail that individuality of pain sensitivity must be taken into account in fulfihing these obligations. I explore the issue of the relevance of informed consent and the right to refuse treatment to the matter of pain relief. And I raise the question of what conditions, if anv, should override the right to refuse treatment where pain relief is of paramount concern. (shrink)