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)

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)

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)

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)

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)

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)

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)

A combined psychological-epistemological study of the human blocks that stand in the way of the recognition of non-human animal sentience and legal rights. This is a Portuguese translation of the author's paper, "Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blcoks," originally published in the Lewis and Clark law review, Animal Righs, in 2002. The Portuguese version was presented in conjunction with the International Congress on Animal Rights, Salvador, Brazil, Oct. 8-11, 2008, and published (...) in the Revista Brasileira de Direito Animal. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line of attack (...) is illustrated by the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (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)

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)

Humanists and philosophers in the Quattrocento find inspiration for their treatises on human dignity not only in Classical Antiquity, but also in the works of the Church Fathers. The present paper examines the influence of the latter on the theories of freedom at the dawn of Modernity, especially regarding the Patristic conception of human self as person or hypostasis, whose free decision is considered inviolable, creative and irreducible to its own nature or essence.

An examination of two recent documents of Catholic Social Doctrine, Caritas in Veritate and Vocation of the Business Leader, is undertaken to uncover their assessment of our current cultural and moral crisis, of which our present economic distress is but one aspect, and their proposal for cultural renewal including a return to sound economic decision making. The intellectual commitments of molders of the modern mind such as Bacon, Descartes, and Hobbes severed morality at its metaphysical roots. Destroying the anthropological underpinnings (...) of ethics catapults the contemporary world into a state of nihilism. In such a condition economic disorder is inevitable. The human person is crushed in a regime that searches for more relentlessly. The demand for metaphysical and moral reconstruction is met by Pope Benedict XVI with his insistence on receptivity to what is. Contemplation of an ultimate reality given to us takes us to the Person of Jesus Christ. The Christian faith is the context of authentic integral human development. Being made in the image of God gives every human person an inviolable dignity and makes every person subject to transcendent moral norms. A truth-filled love informs the conduct of enterprise. Goods that are truly goods and services that truly serve are produced or supplied. Promotional efforts are conducive to the pursuit of wisdom. People are given meaningful work that utilizes and develops their higher faculties and are let in on the financial success of the venture. The environment is respected as a home place ought to be. The Christian business leader can have a transformative effect on the business world through the power of grace. (shrink)

: The design and usability of computer interfaces are crucial factors in improving user experience and productivity in the field of human-computer interaction. This overview examines the development of computer interfaces, starting with command-line interfaces (CLI) and moving on to graphical user interfaces (GUI), touch interfaces, and gesture-controlled interfaces. The guiding concepts of interface development are highlighted: usability, accessibility and user-centered design. The harmony of form and function, the incorporation of cutting-edge technologies such as voice recognition and augmented reality, (...) and the difficulties presented by the wide range of user requirements and preferences are important factors to take into account. Through an analysis of these factors, this brief seeks to offer perspectives on the future paths of computer interface design, emphasizing the importance of flexibility and intuition in meeting changes. (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)

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)

Kant interpreters have contrasting views on what Kant takes to be the basis for human dignity. Several commentators have argued that human dignity can be traced back to some feature of human beings. Others contend that humans in themselves lack dignity, but dignity can be attributed to them because the moral law demands respect for humanity. I argue, alternatively, that human dignity in Kant’s system can be seen to be grounded in the reciprocal relationship between the (...) dignity of the moral law and the dignity inherent in the human constitution. The latter includes the dignity of personhood, construed as rational inner purposiveness, and the dignity of giving oneself the law and striving to follow it. (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.

Trialism is a term that is been used in Christian Theology, which is the doctrine that human is made up of three components which are; the Spirit, the Soul and the Body, giving rise to what is known as Christain Trialism. The term trialism was introduced in philosophy by John Cottingham as an alternative interpretation of the Cartesian Dualism (Mind-Body dualism) of Rene Descarte, by adding a third substance called Sensation in what he termed as Cartesian Trialism (MindSensation-Body trialism). (...) Going in line with the trialism nature of human by Cottingham, I think that the third substance Sensation is limited in explaining the processes between the Mind and the Body. So, I think that the substance Sensation should be replaced with the substance which I call “Submind” which is involved with the processes of memories, sensations, emotions and reflexes, which lead to what I term “Derician Trialism” (Mind-Submind-Body trialism). I believe that the mind is involved with high level consciousness, the Submind is involved with low level consciousness and the body has no consciousness. (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)

The design and usability of computer interfaces are crucial factors in improving user experience and productivity in the field of human-computer interaction. This overview examines the development of computer interfaces, starting with command-line interfaces (CLI) and moving on to graphical user interfaces (GUI), touch interfaces, and gesture-controlled interfaces. The guiding concepts of interface development are highlighted: usability, accessibility and user-centered design. The harmony of form and function, the incorporation of cutting-edge technologies such as voice recognition and augmented reality, and (...) the difficulties presented by the wide range of user requirements and preferences are important factors to take into account. Through an analysis of these factors, this brief seeks to offer perspectives on the future paths of computer interface design, emphasizing the importance of flexibility and intuition in meeting changes. (shrink)

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as when people (...) might volunteer their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (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)

Causal understanding is a defining characteristic of human cognition. Like many animals, human children learn to control their bodily movements and act effectively in the environment. Like a smaller subset of animals, children intervene: they learn to change the environment in targeted ways. Unlike other animals, children grow into adults with the causal reasoning skills to develop abstract theories, invent sophisticated technologies and imagine alternate pasts, distant futures and fictional worlds. In this Review, we explore the development of (...) human-unique causal learning and reasoning from evolutionary and ontogenetic perspectives. We frame our discussion using an ‘interventionist’ approach. First, we situate causal understanding in relation to cognitive abilities shared with non-human animals. We argue that human causal understanding is distinguished by its depersonalized (objective) and decontextualized (general) representations. Using this framework, we next review empirical findings on early human causal learning and reasoning and consider the naturalistic contexts that support its development. Then we explore connections to related abilities. We conclude with suggestions for ongoing collaboration between developmental, cross-cultural, computational, neural and evolutionary approaches to causal understanding. (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)

A model of human consciousness is presented here in terms of physics and electronics using Upanishadic awareness. The form of Atman proposed in the Upanishads in relation to human consciousness as oscillating psychic energy-presence and its virtual or unreal energy reflection maya, responsible for mental energy and mental time-space are discussed. Analogy with Fresnel’s bi-prism experimental set up in physical optics is used to state, describe and understand the form, structure and function of Atman and maya, the ingredients (...) of human consciousness. A description of phases of mind in terms of conscious states and transformation of mental energy is given. Four states of consciousness and four modes of language communication and understanding processes are also given. Implications of above scientific awareness of Upanishadic wisdom to the modern scientific fields of physiological psychology, cognitive sciences, mind-machine modeling and natural language comprehension are suggested. -/- . (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)

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)

This paper proposes a specific approach to understanding the nature of technology that encompasses the entire field of technological praxis, from the making of primitive tools to using the Internet. In that approach, technology is a specific form of human agency that yields to (an imperfect) realization of human control over a technological situation—that is, a situation not governed to an end by natural constraints but by specific human aims. The components of such technological situations are a (...) given collection of natural or artificial beings, humans, human aims, and situation-bound tools. By performing technological situation analysis, the essential form of tool making, the complex system of relationships between science and technology, technological practices with and without machines, the finiteness or imperfectness of any technology, and engineering (i.e., the possibility of the creation of technological situations) can be considered. For a better characterization of the approach to technology, the paper also presents a comparison of other philosophies of technology. Following Feenberg’s comparative analysis, the so-called fundamental question of the philosophy of technology is formulated, its two sides are identified, and it is applied for clarification of our position within philosophy of technology. In our approach, all human praxis can be considered to be technological; more precisely, every human activity has a technological aspect or dimension. (shrink)

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while (...) the community conception can do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity. (shrink)

Philosophical discussion of Alan Turing’s writings on intelligence has mostly revolved around a single point made in a paper published in the journal Mind in 1950. This is unfortunate, for Turing’s reflections on machine (artificial) intelligence, human intelligence, and the relation between them were more extensive and sophisticated. They are seen to be extremely well-considered and sound in retrospect. Recently, IBM developed a question-answering computer (Watson) that could compete against humans on the game show Jeopardy! There are hopes it (...) can be adapted to other contexts besides that game show, in the role of a collaborator of, rather than a competitor to, humans. Another, different, research project—an artificial intelligence program put into operation in 2010—is the machine learning program NELL (Never Ending Language Learning), which continuously ‘learns’ by ‘reading’ massive amounts of material on millions of web pages. Both of these recent endeavors in artificial intelligence rely to some extent on the integration of human guidance and feedback at various points in the machine’s learning process. In this paper, I examine Turing’s remarks on the development of intelligence used in various kinds of search, in light of the experience gained to date on these projects. (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)

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)

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)

Ontological dualism of human rights, their ideal and real aspect, is what makes them paradoxical. Having this dual nature, do human rights serve to "moralize" or "civilize" people? Analyzing the basic concepts of Kant's philosophy of public law and history, the author concludes that the term "moral rights" is contradictory , that one cannot talk about them in both senses simultaneously and avoid the paradox. If we regard them as juridical law, human rights play a constitutive role (...) in the legislation of a particular country and what analytically follows is the law as coercion. However, if we understand them as moral laws, they will not be regarded as coercion and their function will be strictly regulative. (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.

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)

The idea that humans might one day form persistent and dynamic relationships in professional, social, and even romantic contexts is a longstanding one. However, developments in machine learning and especially natural language processing over the last five years have led to this possibility becoming actualised at a previously unseen scale. Apps like Replika, Xiaoice, and CharacterAI boast many millions of active long-term users, and give rise to emotionally complex experiences. In this paper, I provide an overview of these developments, beginning (...) in Section 1 with historical and technical context. In Section 2, I lay out a basic theoretical framework for classifying human-AI relationships and their specific dynamics. Section 3 turns to ethical issues, with a focus on the core philosophical question of whether human-AI relationships can have similar intrinsic value to that possessed by human-human relationships. Section 4 extends to the discussion of ethical issues to the more empirical matter of harms and benefits of human-AI relationships. The paper concludes by noting potentially instructive parallels between the nascent field of ‘Social AI’ and the recent history of social media. (shrink)

Agency is a power, but what is it a power to do? The tradition presents us with three main answers: (1) that agency is a power to affect one’s own will, consequent upon which act further events ensue, beginning with the movement of a part of one's body; (2) that agency is a power to affect one’s own body, consequent upon which act further events ensue, beginning with the movement of an object that one touches; and (3) that agency is (...) a power to affect that material upon which one brings one's action to bear---e.g. the apple one is peeling (with a knife in one's hand). These three answers correspond to three increasingly expansive conceptions of the province of human agency. I refer to them, respectively, as volitionalism, corporealism and materialism. Only the first two are seriously considered in contemporary action theory. Favoring the third, and hoping to sharpen the conflict between the third and the first, I criticize the second. Corporealism has been a popular position—arguably, the default position in the philosophy of action—since Donald Davidson’s classic paper “Agency” (1971). Although it seems to occupy a sensible middle ground between volitionalism and materialism, corporealism is, I argue, indefensible: it shares the vulnerabilities of both its two rivals, without possessing the strengths of either. Nevertheless, reflection on corporealism lights the road to materialism, which, in the end, is the only possible alternative to volitionalism. (shrink)

Spinoza is a hardcore realist about the nature of human beings and their desires, ambitions, and delusions. But he is neither a misanthrope nor in the business of glorifying the notion of a primal and innocent non-human nature. As he writes: Let the Satirists laugh as much as they like at human affairs, let the Theologians curse them, let Melancholics praise as much as they can a life that is uncultivated and wild, let them disdain men and (...) admire the lower animals. Men still find from experience that by helping one another they can provide themselves much more easily with the things they require, and that only by joining forces can they avoid the dangers that threaten on all sides. Indeed, Spinoza’s Ethics is a book whose aim is to lead us toward human blessedness and freedom. The question I will try to answer in the present study, then, is the following. Given his sober attempt to rid humanity of its self-aggrandizing illusions and to offer a naturalistic account of human nature, what does Spinoza see as the source of the value of humanity (if it has any)? In order to address the various aspects of this question, I will begin by examining the value of human friendship. Then, in the second part of the paper, I will consider the thorny question of whether Spinoza’s deflationary view of humanity’s status within nature allows for any notion of human dignity. In the third and final part, I will examine the value Spinoza ascribes to rationality, and the implications of this issue for his understanding of the value of humanity. (shrink)

Today’s technological-scientific prospect of posthumanity simultaneously evokes and defies historical understanding. On the one hand, it implies a historical claim of an epochal transformation concerning posthumanity as a new era. On the other, by postulating the birth of a novel, better-than-human subject for this new era, it eliminates the human subject of modern Western historical understanding. In this article, I attempt to understand posthumanity as measured against the story of humanity as the story of history itself. I examine (...) the fate of humanity as the central subject of history in three consecutive steps: first, by exploring how classical philosophies of history achieved the integrity of the greatest historical narrative of history itself through the very invention of humanity as its subject; second, by recounting how this central subject came under heavy criticism by postcolonial and gender studies in the last half-century, targeting the universalism of the story of humanity as the greatest historical narrative of history; and third, by conceptualizing the challenge of posthumanity against both the story of humanity and its criticism. Whereas criticism fragmented history but retained the possibility of smaller-scale narratives, posthumanity does not doubt the feasibility of the story of humanity. Instead, it necessarily invokes humanity, if only in order to be able to claim its supersession by a better-than-human subject. In that, it represents a fundamental challenge to the modern Western historical condition and the very possibility of historical narratives – small-scale or large-scale, fragmented or universal. (shrink)

In psychology, stress is a feeling of emotional strain and pressure. Stress is a type of psychological pain. Small amounts of stress may be beneficial, as it can improve athletic performance, motivation and reaction to the environment. Excessive amounts of stress, however, can increase the risk of strokes, heart attacks, ulcers, and mental illnesses such as depression and also aggravation of a pre-existing condition. Psychological stress can be external and related to the environment but may also be caused by internal (...) perceptions that cause an individual to experience anxiety or other negative emotions surrounding a situation, such as pressure, discomfort, etc., which they then deem stressful. (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)