STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would (...) be to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due (...) to an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to (...) develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

This paper explores the relationship between dignity and robot care for older people. It highlights the disquiet that is often expressed about failures to maintain the dignity of vulnerable older people, but points out some of the contradictory uses of the word ‘dignity’. Certain authors have resolved these contradictions by identifying different senses of dignity; contrasting the inviolable dignity inherent in human life to other forms of dignity which can be present to varying degrees. The Capability Approach (CA) is (...) introduced as a different but tangible account of what it means to live a life worthy of human dignity. It is used here as a framework for the assessment of the possible effects of eldercare robots on human dignity. The CA enables the identification of circumstances in which robots could enhance dignity by expanding the set of capabilities that are accessible to frail older people. At the same time, it is also possible within its framework to identify ways in which robots could have a negative impact, by impeding the access of older people to essential capabilities. It is concluded that the CA has some advantages over other accounts of dignity, but that further work and empirical study is needed in order to adapt it to the particular circumstances and concerns of those in the latter part of their lives. (shrink)

Here I defend an account of the sanctity of human life in just the sense that Peter Singer denies is defensible. (More recently, Alasdair MacIntyre seems to have echoed Singer's argument.) I argue that the acquisition of three kinds of goods--adequate self-esteem, fruitful human relationships, and rich participation in the lives of others--require an assessment of the worth of human beings which amounts to viewing them as inviolable ends-in-themselves. -/- This argument is developed further in two subsequent (...) essays: Toward a Full Theory of Self-Esteem, parts I and II. (shrink)

Kant has famously argued that human beings or persons, in virtue of their capacity for rational and autonomous choice and agency, possess dignity, which is an intrinsic, final, unconditional, inviolable, incomparable and irreplaceable value. This value, wherever found, commands respect and imposes rather strict moral constraints on our deliberations, intentions and actions. This paper deals with the question of whether, as some Kantians have recently argued, certain types of (physician-assisted) suicide and active euthanasia, most notably the intentional destruction of (...) the life of a terminally-ill, but rational and autonomous patient in order to prevent certain serious harms, such as enduring or recurring pain or the loss of the meaning in life, from befalling him really are inconsistent with respect for the patient’s human dignity. I focus on two independent, though interrelated explications of the rather vague initial idea that the patient (as well as the doctor), in intending and bringing about his death, treats his person or rational nature merely as a means and so denigrates his dignity: (i) that in doing what he is doing, he does not act for the sake of his person, but for the sake of something else; (ii) that, by trading his person for pain relief, he engages himself in an irrational and hence immoral exchange. After critically discussing some suggestions about how to understand this charge, I eventually find Kantian objections to suicide and (active) euthanasia, based on the idea of human dignity, less than compelling. For all the paper proves, suicide and (active) euthanasia may still be morally impermissible, but then this must be so for some other reason than the one given above. (shrink)

In The Future of Human Nature, Jürgen Habermas raises the question of whether the embryonic genetic diagnosis and genetic modification threatens the foundations of the species ethics that underlies current understandings of morality. While morality, in the normative sense, is based on moral interactions enabling communicative action, justification, and reciprocal respect, the reification involved in the new technologies may preclude individuals to uphold a sense of the undisposability of human life and the inviolability of human beings (...) that is necessary for their own identity as well as for reciprocal relations. Engaging with liberal bioethics and Catholic approaches to bioethics, the article clarifies how Habermas’ position offers a radical critique of liberal autonomy while maintaining its postmetaphysical stance. The essay argues that Habermas’ approach may guide the question of rights of future generations regarding germline gene editing. But it calls for a different turn in the conversation between philosophy and theology, namely one that emphasizes the necessary attention to rights violations and injustices as a common, postmetaphysical starting point for critical theory and critical theology alike. In 2001, Jürgen Habermas published a short book on questions of biomedicine that took many by surprise.[1] To some of his students, the turn to a substantive position invoking the need to comment on a species ethics rather than outlining a public moral framework was seen as the departure from the “path of deontological virtue,”[2] and at the same time a departure from postmetaphysical reason. Habermas’ motivation to address the developments in biomedicine had certainly been sparked by the intense debate in Germany, the European Union, and internationally on human cloning, pre-implantation genetic diagnosis, embryonic stem cell research, and human enhancement. He turned to a strand of critical theory that had been pushed to the background by the younger Frankfurt School in favor of cultural theory and social critique, even though it had been an important element of its initial working programs. The relationship of instrumental reason and critical theory, examined, among others, by Max Horkheimer, Theodor W. Adorno, and Herbert Marcuse and taken up in Habermas’ own Knowledge and Interest and Theory of Communicative Action became ever-more actual with the development of the life sciences, human genome analysis, and genetic engineering of human offspring. Today, some of the fictional scenarios discussed at the end of the last century as “science fiction” have become reality: in 2018, the first “germline gene-edited” children were born in China.[3] Furthermore, the UK’s permission to create so-called “three-parent” children may create a legal and political pathway to hereditary germline interventions summarized under the name of “gene editing.”In this article, I want to explore Habermas’ “substantial” argument in the hope that philosophy and theology become allies in their struggle against an ever-more reifying lifeworld, which may create a “moral void” that would, at least from today’s perspective, be “unbearable”, and for upholding the conditions of human dignity, freedom, and justice. I will contextualize Habermas’ concerns in the broader discourse of bioethics, because only by doing this, his concerns are rescued from some misinterpretations.[1] Jürgen Habermas, The Future of Human Nature.[2] Ibid., 125, fn. 58. 8[3] Up to the present, no scientific publication of the exact procedure exists, but it is known that the scientist, Jiankui He, circumvented the existing national regulatory framework and may have misled the prospective parents about existing alternatives and the unprecedented nature of his conduct. Yuanwu Ma, Lianfeng Zhang, and Chuan Qin, "The First Genetically Gene‐Edited Babies: It's “Irresponsible and Too Early”," Animal Models and Experimental Medicine ; Matthias Braun, Meacham, Darian, "The Trust Game: Crispr for Human Germline Editing Unsettles Scientists and Society," EMBO reports 20, no. 2. (shrink)

Why do people persist in commitments that threaten their happiness, security, and comfort? Why do some of our most central, identity-defining commitments resist the effects of reasoning and critical reflection? Drawing on real-life examples, empirical psychology, and philosophical reflection, this book argues that these commitments involve an ethical stance called devotion, which plays a pervasive—but often hidden—role in human life. Devotion typically involves sacralizing certain values, goals, or relationships. To sacralize a value is to treat it as inviolable (trade-offs (...) with ordinary values are forbidden), incontestable (even contemplating such trade-offs is prohibited), and dialectically invulnerable (no rational considerations can disrupt the agent’s commitment to the value). Philosophy of Devotion offers a detailed philosophical account and defense of these features. Devotion and the sacralization of values can be reasonable; indeed, a life involving meaningful, sustained commitment depends on these stances. Without devotion, we risk an existential condition called normative dissipation, in which all of our commitments become etiolated. Yet devotion can easily go wrong, deforming into the individual and group fanaticism that have become pervasive features of modern social life. The book provides an alternative to fanaticism, investigating the way in which we can express non-pathological forms of devotion. We can be devoted through affirmation and through what is termed the deepening move, which treats the agent’s central commitments as systematically inchoate. Each stance enables a wholehearted form of devotion that nevertheless preserves flexibility and openness, avoiding the dangers of fanaticism on the one hand and normative dissipation on the other. -/- (The attached file contains the introductory chapter.). (shrink)

Development of the world economy bears numerous negative phenomena, and require constant need to rebalance socioeconomic interests of nations, transnational subjects, and individuals. Socialisation is an important and effective tool for balancing social and individual; however, despite socialisation is evolving rapidly, its scientific and practical potential is not duly uncovered. In the article theoretical and methodological foundations of socialisation of economy is surveyed in the context of globalisation, and etymology, explanations, scope, historical phases of development, theoretical aspects and practical forms (...) of use, consequences and prospects are analysed. The term «socialisation» was determined as a multidisciplinary, used in many scientific fields, increasingly involving various areas of research and is understood as inclusion, adaptation and development of human being in society. It was determined that the economy socialisation is implemented in different fields and semantic structures, contains a large number of methodological tools, is involved at all management levels, and is primarily identified with the increasing role of social component in the life of human resources. The assumptions were made about the future transformation of this category in line with the identified predictive trends. (shrink)

Today, dignity recognized as a fundamental value across legal systems is equal, inherent and inalienable, inviolable, is the source of human rights and is essential for its subject to be recognized as an autotelic entity (an end in itself) that cannot be treated as an object. The analysis of the extract from Plato’s Demiurge’s speech in Timaeus reveals that Plato developed a reflection on something that determines the qualitative difference between certain beings and the world of things, and that (...) forms the basis for the special treatment of these beings, which the modern language can reasonably describe as dignity. The attributes of that dignity seem to overlap with the nature of dignity as we know today. What is more, Plato proposes a response to the question of what dignity is like but also to the question of what dignity is. It is the existential perfection, established in a perfect way of existence based on a specific internal unity of being. As the existential perfection, it covers the entire being along with all its features; it is inseparable from being (inherent and inalienable) – without it, it cannot exist. It is primordial to the particular features and independent of their acquisition or loss. Plato’s approach allows, based on the approach to dignity, the formulation of proposals aligned with today’s personalistic standards prescribing that persons be treated as ends in themselves and prohibiting the treatment of persons like objects. (shrink)

Using the two cases of the Icelandic Health Sector Database and Russian initiatives in biobanking, the article criticizes the view of narratives and imaginaries as a sufficient and unproblematic means of shaping public understanding of genetics and justifying population-wide projects. Narrative representations of national biobanking engage particular imaginaries that are not bound by the universal normative framework of human rights, promote affective thinking, distract the public from recognizing and discussing tangible ethical and socioeconomic issues, and harm trust in science (...) and technology. In the Icelandic case, the presentation of the project in association with national imaginaries concealed its market identity and could lead to the commodification of biodata. In the Russian case, framing in terms of "genetic sovereignty" and "civilizational code" offers pretexts for state securitization. Adherence to normative framework of human rights and public discussion of genetics in an argumentative and factual mode can counter these trends. (shrink)

This article synthesizes the current theoretical attempts to understand human-machine interactions and introduces seven premises to understand our emerging dynamics with increasingly competent, pervasive, and instantly accessible algorithms. The hope that these seven premises can build toward a social theory of human-AI cocreation. The focus on human-AI cocreation is intended to emphasize two factors. First, is the fact that our machine learning systems are socialized. Second, is the coevolving nature of human mind and AI systems as (...) smart devices form an indispensable part of our cognitive scaffolds, thus, shaping how we perceive the world and ourselves. The seven premises include: primacy of social structures; human’s desire for freedom and autonomy; AI systems will form inseparable parts of our cognitive/affective scaffolds and can change our self-understanding; philosophy and humanistic foundations on human flourishing as a guide to human-AI interaction; mindsponge information-filtering process; acculturative process of how values change and emerge from human-AI interaction; overlapping Venn diagram of the human-human, human-nature, and human-machine interactions. This article concludes with a discussion on human agency in our entanglements with socialized machines and the illusoriness of the Cartesian agent view of the mind. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue (...) that motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

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

In arguing against the likelihood of consciousness in non-human animals, Descartes advances a slippery slope argument that if thought were attributed to any one animal, it would have to be attributed to all, which is absurd. This paper examines the foundations of Thomas Willis’ comparative neuroanatomy against the background of Descartes’ slippery slope argument against animal consciousness. Inspired by Gassendi’s ideas about the corporeal soul, Thomas Willis distinguished between neural circuitry responsible for reflex behaviour and that responsible for cognitively (...) or consciously mediated behaviour. This afforded Willis a non-arbitrary basis for distinguishing between animals with thought and consciousness and those without, a methodology which retains currency for neuroscience today. (shrink)

The concept of fields available in physics will be considered for application to unravel the mysteries of form, structure and function of human consciousness and mind. The sameness of functions of human consciousness and mind in language acquisition and communication and also acquiring knowledge of various kinds and its will be discussed. In the light of this the limitations of concepts of pure physics and modern physics probes will be discussed. -/- The information and ideas available in the (...) Upanishads in the form of Brahmajnaana will be applied to understand the physical nature of human consciousness and mind and their functions. This information and translation into modern and cognitive scientific terms would be correlated with brainwaves concept of modern physiology. The physiochemical, physical and chemical natures of experiences, purport, meanings, ideas, thoughts and expressions will be presented based on Upanishadic insight thus acquired. The advantage of this alternative probe, method and model to understand the functions of human consciousness and mind will be demonstrated. -/- This model of human consciousness and mental functions is also correlated to brain wave EEG frequency changes. -/- . (shrink)

Purpose This paper aims to formalize long-term trajectories of human civilization as a scientific and ethical field of study. The long-term trajectory of human civilization can be defined as the path that human civilization takes during the entire future time period in which human civilization could continue to exist. -/- Design/methodology/approach This paper focuses on four types of trajectories: status quo trajectories, in which human civilization persists in a state broadly similar to its current state (...) into the distant future; catastrophe trajectories, in which one or more events cause significant harm to human civilization; technological transformation trajectories, in which radical technological breakthroughs put human civilization on a fundamentally different course; and astronomical trajectories, in which human civilization expands beyond its home planet and into the accessible portions of the cosmos. -/- Findings Status quo trajectories appear unlikely to persist into the distant future, especially in light of long-term astronomical processes. Several catastrophe, technological transformation and astronomical trajectories appear possible. -/- Originality/value Some current actions may be able to affect the long-term trajectory. Whether these actions should be pursued depends on a mix of empirical and ethical factors. For some ethical frameworks, these actions may be especially important to pursue. (shrink)

Here, I discuss how natural biological evolution might have selected human origin and the psychology of the better mind-brain. However, all humans are closely related; why do we make crimes, war, hate, and jealousy their primary reasons and overcoming methodologies? How can they gain their best happiness? What kind of philosophy apply to annalize this big question and convince humankind to evolve their mind? How we could achieve our optimum potential happiness by developing hidden intelligence to make the world (...) a happier place to live in. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, (...) on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

The paper discusses the debate on the human nature in the sophistic thought. Focusing on the "nature-culture" controversy it presents the evolution of the views of the sophists: from Protagoras' optimistic contention of the progress of mankind and his appraisal of culture to its criticism and the radical turn to nature in Antiphon, Hippias, Trasymachos, and Callicles. The paper aims at presenting the analysis of the ongoing discussion, with the stress laid on reconstruction of the arguments and concepts as (...) well as the attitudes that are associated with various positions of this debate. -/- . (shrink)

One of the pressing issues in philosophy of technology is the role of human creativity in human-technology relations. We first observe that a techno-centric orientation of philosophy of technology leaves open the role and contribution of human creativity in technological evolution, while an anthropocentric orientation leaves open the role of the technical milieu in technological evolution. Subsequently, we develop a concept of creation as deviation and responsiveness in response to affordances in the environment, inspired by the affordance (...) theory by James Gibson. With this concept of creation as deviative responsiveness, we articulate the human contribution to human-technology creation, namely, our intentional deviation of the inhibiting forces of the currently dominant niche or meaningful world of human-technology relations, in order to become responsive to new affordances in human-technology creation that constitute a new niche or world of human-technology relations. (shrink)

To emphasize what we have outlined in a preceding paper, we consider the following: that human consciousness model should take into consideration “spirit” role, i.e. the mind-body-spirit as integral aspect, which view is neglected in the so-called Freudian mental model. In this paper, we consider two approaches to cancer treatment derived from such an integral triune view of human consciousness, including (a) healing frequency approach as advised by Royal Rife and David Hawkins, and also (b) relational therapy, based (...) on recent research on the healing role of love and compassion. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

I briefly present and motivate a ‘skill hypothesis’ regarding the evolution of human normative cognition. On this hypothesis, the capacity to internally represent action-guiding norms evolved as a solution to the distinctive problems of standardizing, learning and teaching complex motor skills and craft skills, especially skills related to toolmaking. We have an evolved cognitive architecture for internalizing norms of technique, which was then co-opted for a rich array of social functions. There was a gradual expansion of the normative domain, (...) with ritual playing an important role in bridging the gap between concrete, enacted norms and general, abstract norms, such as kinship norms. I conclude by stating nine predictions arising from the skill hypothesis. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding of dignity (...) as a kind of esteem, as opposed to price, provides a crucial mediation between the traditional view and Kant’s view. Finally, I argue that the traditional understanding of dignity also includes a subordinate justificatory element that helps to explain Kant’s use of dignity in the Doctrine of Virtue. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they (...) are supposed to protect, what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

ABSTRACTContemporary accounts of knowing one’s own mental states can be instructively supplemented by early modern accounts that understand self-knowledge as an important factor for flourishing human life. This article argues that in the early modern French moralists, one finds diverging conceptions of how knowing one’s own personal qualities could constitute a kind of human excellence: François de la Rochefoucauld argues that the value of knowing one’s own character faults could contribute to an attitude of self-acceptance that liberates one (...) from the effort of deceiving oneself and others. Madeleine de Scudéry argues that knowing one’s own character faults could be an incentive for self-cultivation that leads to the development of character traits that are naturally good. Anne-Thérèse de Lambert concurs with Scudéry’s insight and develops it further. According to Lambert, self-knowledge is crucial for developing character traits that give rise to the natural right of bei... (shrink)

In The Sources of Normativity, Korsgaard argues for what can be called “The Universality of Humanity Claim” (UHC), according to which valuing humanity in one’s own person entails valuing it in that of others. However, Korsgaard’s reliance on the claim that reasons are essentially public in her attempt to demonstrate the truth of UHC has been repeatedly criticized. I offer a sentimentalist defense, based on Adam Smith’s moral philosophy, of a qualified, albeit adequate, version of UHC. In particular, valuing my (...) humanity, understood as (my awareness of) my perspective and the reasons determined from within it, entails valuing your humanity, understood as (your awareness of) your perspective and the reasons determined from within it. Given Korsgaard’s emphasis on the publicity of reasons in her argument for UHC, I also discuss the role of reasons in my account. I argue that the relative weights of (at least some of) an agent’s reasons are determined from within a shared evaluative point of view, namely, the standpoint of what Smith calls “the impartial spectator.” These reasons have normative authority over and constrain the agent’s private reasons, that is, those that are determined from within her own particular evaluative point of view. (shrink)

Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that the Framework relied (...) on a political conception of human rights, and this is what led to limiting corporate obligations to mere respect for human rights. In this paper, I explore and critically assess this general claim about political conceptions of human rights. This involves distinguishing different types of political conceptions of human rights, as well as specifying what makes a theory of human rights a “political conception.” In light of this clarificatory discussion, I argue that the general thesis is false; the mere fact that a theory offers a political conception of human rights does not necessarily entail any certain range of corporate human rights obligations. Finally, I identify some of the other aspects of a theory of human rights that do affect the range of corporate obligations it will prescribe. (shrink)

A new reprogenetic technology, mitochondrial replacement, is making its appearance and, unsurprisingly given its promise to wash off our earthly stains --or at least the scourges of sexual reproduction--, John Harris finds only reasons to celebrate this new scientific feat.1 In fact, he finds mitochondrial replacement techniques (MRTs) so “unreservedly welcome” that he believes those who reject them suffer from “a large degree of desperation and not a little callousness.”2 Believing myself to be neither desperate nor callous, but finding myself (...) also no closer at all – not even after reading his article—to following Harris in welcoming these technologies wholeheartedly, it seems appropriate to respond. (shrink)

Now it is plain that such consequences as these conflict sharply with common-sense notions of morality. If we had been obliged to accept Psychological Egoism, in any of its narrower forms, on its merits, we should have had to say: 'So much the worse for the common-sense notions of morality!' But, if I am right, the morality of common sense, with all its difficulties and incoherences, is immune at least to attacks from the basis of Psychological Egoism.

Abstract: The so-called “crisis of the humanities” can be understood in terms of an asymmetry between the natural and social sciences on the one hand and the humanities on the other. While the sciences approach topics related to human experience in quantificational or experimental terms, the humanities turn to ancient, canonical, and other texts in the search for truths about human experience. As each approach has its own unique limitations, it is desirable to overcome or remove the asymmetry (...) between them. The present article seeks to do just that by advancing and defending the following two claims: (a) that humanity is ubiquitous wherever language is used; and (b) that anything that can be experienced by humans is in need of an interpretation. Two arguments are presented in support of these claims. The first argument concerns the nature of questions, which are one of the fundamental marks or manifestations of human language. All questions are ultimately attempts to find meanings or interpretations of what is presented. As such, in questioning phenomena, one seeks to transcend the negative space or oppression of imposed structures; in doing so, one reveals one’s humanity. Second, all phenomena are textual in nature: that which astrophysicists find in distant galaxies or which cognitive neuroscientists find in the structures of the human brain are no less in need of interpretation than the dialogues of Plato or the poems of Homer. Texts are ubiquitous. The implications of these two arguments are identified and discussed in this article. In particular, it is argued that the ubiquity of humanity and textuality points to a view of human nature that is neither individualistic nor collectivist but rather integrational in suggesting that the realization of oneself is inseparable from the realization of others. (shrink)

Commodification is a broad and crosscutting issue that spans debates in ethics (from prostitution to global market practices) and bioethics (from the sale of body parts to genetic enhancement). There has been disagreement, however, over what constitutes commodification, whether it is happening, and whether it is of ethical import. This chapter focuses on one area of the discussion in bioethics – the commodification of human tissue – and addresses these questions – about the characteristics of commodification, its pervasiveness, and (...) ethical significance – in order to clarify and map the commodificatory debate. The chapter does this in three parts. First, it defines commodification as the shift from “persons” to “things” and from “relationships” to services for “contract.” Second, using examples of kidney and gamete sale and commercial surrogacy, it argues that commodification is rife in bioethics. Third, it contends that commodification is an ethical problem for three key reasons: First, because it leads to exploitation; second, because some things should not be for sale; and third, because it damages social goods. The chapter concludes that commodification and commodificatory practices should be resisted. (shrink)

Human consciousness, the result of breathing process as dealt with in the Upanishads, is translated into modern scientific terms and modeled as a mechanical oscillator of infrasonic frequency. The bio-mechanic oscillator is also proposed as the source of psychic energy. This is further advanced to get an insight of human consciousness (the being of mind) and functions of mind (the becoming of mind) in terms of psychic energy and reversible transformation of its virtual reflection. An alternative analytical insight (...) of human consciousness and mental functions to other theoretical approaches is developed based on Upanishadic insight and presented.That reversible transformation of virtual psychic energy reflection termed as maya, creating various consequential / parallel / simultaneous conscious-states, phases, cognitive and communicative states, modes of language acquisition and communication, and kinds of function of human mind is visualized. The concept is extended to delineate form, structure and functional mechanism of human mind and to know how it facilitates human mental acquisitions, retention, communications, including language abilities. This proposal is extensively discussed and the hardware and software of mind as envisaged in Indian philosophical systems are put forward.All this presentation is translated to neuro-biology in terms of brain wave modulation / demodulation terms. Also a preliminary proposition of physic-chemical nature of human thoughts and ideas is given. (shrink)

Human nature has always been a foundational issue for philosophy. What does it mean to have a human nature? Is the concept the relic of a bygone age? What is the use of such a concept? What are the epistemic and ontological commitments people make when they use the concept? In What’s Left of Human Nature? Maria Kronfeldner offers a philosophical account of human nature that defends the concept against contemporary criticism. In particular, she takes on (...) challenges related to social misuse of the concept that dehumanizes those regarded as lacking human nature (the dehumanization challenge); the conflict between Darwinian thinking and essentialist concepts of human nature (the Darwinian challenge); and the consensus that evolution, heredity, and ontogenetic development results from nurture and nature. After answering each of these challenges, Kronfeldner presents a revisionist account of human nature that minimizes dehumanization and does not fall back on outdated biological ideas. Her account is post-essentialist because it eliminates the concept of an essence of being human; pluralist in that it argues that there are different things in the world that correspond to three different post-essentialist concepts of human nature; and interactive because it understands nature and nurture as interacting at the developmental, epigenetic, and evolutionary levels. On the basis of this, she introduces a dialectical concept of an ever-changing and “looping” human nature. Finally, noting the essentially contested character of the concept and the ambiguity and redundancy of the terminology, she wonders if we should simply eliminate the term “human nature” altogether. (shrink)

Human rights have made mass murder and genocide more, rather than less, likely. -/- Posted 21 December 2022. A previous version of this paper appears as chapter 3 of my Patriotic Elaborations: Essays in Practical Philosophy (Montreal and Kingston: McGill-Queen’s University Press, 2009).

Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a (...) way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)

Stable adaptive strategy of Homo sapiens (SESH) is a superposition of three different adaptive data arrays: biological, socio-cultural and technological modules, based on three independent processes of generation and replication of an adaptive information – genetic, socio-cultural and symbolic transmissions (inheritance). Third component SESH focused equally to the adaptive transformation of the environment and carrier of SESH. With the advent of High Hume technology, risk has reached the existential significance level. The existential level of technical risk is, by definition, an (...) evolutionary risk as possible leads to the genesis of disappearance of humanity as a species. The emergence of bioethics has to consider as a form of modern (transdisciplinary) scientific concept and sociocultural adaptation for regulate human identity in the global-evolutionary transformation and performs the function of self-preservation. (shrink)

Despite providing the basic theoretical framework for Western biology and all related sciences, Darwinism continues to be a controversial perspective when it comes to understanding ourselves as distinctly "human." In this paper, I try to correct a common misinterpretation of Thomas Hobbes' conceptualization of human nature which I think sheds light on some of the significant misunderstandings and sources of objection to Darwinism. I begin by contrasting this common misreading of Hobbes' philosophy of human nature with an (...) alternative reading that suggests a more subtle notion than is often allowed. I then summarize the basic ideas of Darwinism and explain why I think a Darwinian conceptualization of humanity, freed from misinterpretations of Hobbes, need not lead to an agonistic or reductive notion of human nature. Suggestions made by the philosophers Charles Taylor and Howard Gardner about how science and philosophy can help or hinder conceptualizations of personhood are considered insofar as they corroborate this idea. (shrink)

This work is on Hobbesian Conception of Human Nature: Moral Implications for Nigeria Society. It will be absurd indeed to discuss about Ethics and Society without talking about the concept of human nature. In other words, there is no philosophy of life without a theory of human nature. Human nature can be defined as the psychological and social qualities that characterized humankind, especially in contrast with other living things. The problem here is that Hobbes believes that (...) the state of nature was the worst case scenario. Hobbes was ready to sacrifice all of his freedom to avoid the state of nature. Applying this position to the Nigerian society, it is glaring that this view gives justification to authoritarian government and tyranny. This work therefore intends to expose Hobbes concept of human nature and then apply his view to moral issues in Nigeria society. Hobbes view of human nature has a much laudable appeal which can make available a structure for modern day politics in Nigeria. Notwithstanding the issues inherent in Hobbes concept of human nature it could be used as a yardstick in analyzing some perennial, moral and political issues in Nigeria society. (shrink)

Some transhumanists argue that we must engage with theories and facts about our evolutionary past in order to promote future enhancements of the human body. At the same time, they call our attention to the flawed character of evolution and argue that there is a mismatch between adaptation to ancestral environments and contemporary life. One important trait of our evolutionary past which should not be ignored, and yet may hinder the continued perfection of humankind, is the peculiarly human (...) way of bearing and raising children. The suffering associated with childbirth and a long childhood have demanded trade-offs that have enhanced our species, leading to cooperation, creativity, intelligence and resilience. Behaviors such as mother–infant engagement, empathy, storytelling, and ritual have also helped to create what we value most in human beings. Therefore, the moral, cognitive, and emotional enhancements proposed by these transhumanists may be impaired by their partial appropriation of evolution, insofar as the bittersweet experience of parenthood is left aside. (shrink)

The monograph is an English, expanded and revised version of the book Cheshko, V. T., Ivanitskaya, L.V., & Glazko, V.I. (2018). Anthropocene. Philosophy of Biotechnology. Moscow, Course. The manuscript was completed by me on November 15, 2019. It is a study devoted to the development of the concept of a stable evolutionary human strategy as a unique phenomenon of global evolution. The name “An Evolutionary Metaphysics (Cheshko, 2012; Glazko et al., 2016). With equal rights, this study could be entitled (...) “Biotechnology as a result and factor of the evolutionary processˮ. The choice in favor of used “The Evolutionary Metaphysics of Human Enhancement Technologiesˮ was made in accordance with the basic principle of modern post-academician and human-sized science, a classic example of which is biotechnology. The “Metaphysics of Evolution” and “Evolutionary Metaphysics” concepts are used in several ways in modern philosophical discourse. In any case, the values contain a logical or associative reference to the teleological nature of the evolutionary process (Hull, 1967, 1989; Apel, 1995; Faye, 2016; Dupre, 2017; Rose, 2018, etc). In our study, the “evolutionary metaphysics” serves to denote the thesis of the rationalization and technologization of global evolution and anthropogenesis, in particular. At the same time, the postulate of an open future remains relevant in relation to the results of the evolutionary process. The theory of evolution of complex, including the humans system and algorithm for its constructing are а synthesis of evolutionary epistemology, philosophical anthropology and concrete scientific empirical basis in modern science. ln other words, natural philosophy is regaining the status bar element theoretical science in the era of technology-driven evolution. The co-evolutionary concept of 3-modal stable evolutionary strategy of Homo sapiens is developed. The concept based оn the principle of evolutionary complementarity of anthropogenesis: value of evolutionary risk and evolutionary path of human evolution are defined bу descriptive (evolutionary efficiency) and creative-teleological (evolutionary correctness) parameters simultaneously, that cannot bе instrumental reduced to others ones. Resulting volume of both parameters define the vectors of blological, social, cultural and techno-rationalistic human evolution Ьу two gear mechanism genetic and cultural co-evolution and techno-humanitarian balance. The resultant each of them сап estimated Ьу the ratio of socio-psychological predispositions of humanization / dehumanization in mentality. Explanatory model and methodology of evaluation of creatively teleological evolutionary risk component of NBIC technological complex is proposed. Integral part of the model is evolutionary semantics (time-varying semantic code, the compliance of the blological, socio-cultural and techno-rationalist adaptive modules of human stable evolutionary strategy). It is seem necessary to make three clarifications. First, logical construct, “evolutionary metaphysics” contains an internal contradiction, because it unites two alternative explanatory models. “Metaphysics”, as a subject, implies deducibility of the process from the initial general abstract principle, and, consequently, the outcome of the development of the object is uniquely determined by the initial conditions. Predicate, “evolutionary”, means stochastic mechanism of realizing the same principle by memorizing and replicating random choices in all variants of the post-Darwin paradigm. In philosophy, random choice corresponds to the category of “free will” of a reasonable agent. In evolutionary theory, the same phenomenon is reflected in the concept of “covariant replication”. Authors will attempt to synthesize both of these models in a single transdisciplinary theoretical framework. Secondly, the interpretation of the term “evolutionary (adaptive) strategyˮ is different from the classical definition. The difference is that the adaptive strategy in this context is equivalent to the survival, i.e. it includes the adaptation to the environment and the transformation (construction) of the medium in accordance with the objectives of survival. To emphasize this difference authors used verbal construction “adaptiveˮ (rather than “evolutionaryˮ) strategy as more adequate. In all other cases, the two terms may be regarded as synonymous. Thirdly, the initial two essays of this series were published in one book in 2012. Their main goal was the development of the logically consistent methodological concept of stable adaptive (evolutionary) strategy of hominines and the argumentation of its heuristic possibilities as a transdisciplinary scientific paradigm of modern anthropology. The task was to demonstrate the possibilities of the SESH concept in describing and explaining the evolutionary prospects for the interaction of social organization and technology (techno-humanitarian balance) and the associated biological and cultural mechanisms of the genesis of religion (gene-cultural co-evolution). In other words, it was related to the sphere of cultural and philosophical anthropology, i.e. to the axiological component of any theoretical constructions describing the behavior of self-organizing systems with human participation. In contrast, the present work is an attempt to introduce this concept into the sphere of biological anthropology and, consequently, its main goal is to demonstrate the possibility of verification of its main provisions by means of procedures developed by natural science, i.e. refers to the descriptive component of the same theoretical constructions. The result of this in the future should be methods for assessing, calculating and predicting the risk of loss of biological and cultural identity of a person, associated with a permanent and continuously deepening process of development of science and technology. (shrink)

The original proposal of H. H. Pattee (1971) of basing quantum theoretical measurement theory on the theory of the origin of life, and its far reaching consequences, is discussed in the light of a recently emerging biological paradigm of internal measurement. It is established that the "measurement problem" of quantum physics can, in principle, be traced back to the internal material constraints of the biological organisms, where choice is a fundamental attribute of the self-measurement of matter. In this light, which (...) is shown to be a consequence of Pattee's original suggestion, it is proposed that biological evolution is a gradual liberation from the inert unity of "subject" and "object" of inanimate matter (as "natural law" and "initial conditions"), to a split biological existence of them and, as a consequence, the "message of evolution" is freedom, rather than complexity in itself. Some classical philosophical systems are brought into context to show that the epistemologies of several strictly philosophical systems of the social sciences are well acquainted with the problem and their solutions support our conclusions. (shrink)

This article has two goals. First, it synthesizes and critically assesses current scientific knowledge about the cognitive bases of human tool use. Second, it shows how the cognitive traits reviewed help to explain why technological accumulation evolved so markedly in humans, and so modestly in apes.

The conceptualizations of meanings of existence started with the ontological or metaphysical debates in philosophy. Then at the peak of modern times, the school of existentialism dealt with the issue of human existence particularly by citing individual freedom. In all these series of philosophizing, the human being was considered as a singular type entity who thinks and acts in the same way. So, the historical development of philosophical thinking has not brought enough solutions, with regard to the existential (...) issues of human females and other genders. It is through the end of the modern period only, the identities of caste, class, religion, region, ethnicity, gender etc. were taken into serious scrutiny to see the intersectional issues while conceptualizing the ontic status of humans. This article is a look at these aspects of philosophizing in general, and in particular, it analyses the issues of gendered experiences of human beings in cultures. This will lead to examining the meanings of existence for women as a category with reference to the modern writings of Simone de Beauvoir. The possible existence of many genders and the issues in conceiving an essentialist category called woman or man, are being scrutinized in this article through the postmodern writings of Judith Butler. To analyze the experience of genders, this study draws references from various feminist philosophers and concentrates on the existentialist phenomenological writings of Simone de Beauvoir and the deontological phenomenology of Judith Butler. (shrink)

There are several conceptions of man in the history of philosophy. However, two considerable tendencies are recurring throughout modern history. A human being can be perceived as a complex mechanism or as a living organism. The response to the query has essential consequences in different areas. The article aims to provide a view of humankind that builds upon an organic conception of life, nature, and human beings, especially as elaborated by A. N. Whitehead and some of his followers. (...) The article also briefly examines the emergence and development of a mechanistic view. The historical overview exposes the close relationship between the worldview of a given era and the understanding of man. Finally, the article argues that the organic conceptions of life developed in the first half of the 20th century provide an essential alternative to mechanistic views and could help us to deal with several problems we are currently encountering. (shrink)