The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on (...) the “higher-level” account of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also (...) as a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

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

Fichte’s ambitious project in the Foundations of Natural Right is to provide an a priori deduction of the concept of right independently from morality. So far, interpretations of Fichte’s deduction of the concept of right have persistently fallen into one of two rough categories: either they (re)interpret the normative necessity of right in terms of moral or quasi-moral normativity or they interpret right’s normative necessity in terms of hypothetical imperatives. However, each of these interpretations faces (...) significant exegetical difficulties. By contrast, I argue that we can understand the normative necessity of right in terms of conceptual necessity. On this view, right does not tell us what ought to be done, but instead tells us what we are doing and have done. Not only does this provide for a promising philosophical account of the non-moral normativity of right, but also provides a compelling reading of Fichte’s text in both the deduction of the concept of right in the Foundations of Natural Right as well as his discussion of the application of the concept of right and coercion. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications (...) of rights by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

Consequentialist theories that directly assess multiple focal points face an important objection: that one right option may conflict with another. Robert Adams raises an instance of this objection regarding the possibility that the right act conflicts with the right motives. Whereas only partial responses have previously been given, assuming particular views of the relation between motives and acts, an exhaustive treatment is in order. Either motives psychologically determine acts, or they do not – and I defend direct (...) consequentialism on each assumption. Crucially, if motives determine acts, this may be compatible with the ability to act otherwise, but there remains a defense for consequentialism even on these assumptions. What clears consequentialism of conflict is not necessarily that the apparently right act is unavailable, but rather that its outcome is suboptimal once we account for necessary motives. Even if the agent remains free to perform the act, the act costs too much. (shrink)

An overview (about 8,000 words) of act utilitarianism, covering the basic idea of the theory, historical examples, how it differs from rule utilitarianism and motive utilitarianism, supporting arguments, and standard objections. A closing section provides a brief introduction to indirect utilitarianism (i.e., a Hare- or Railton-style view distinguishing between a decision procedure and a criterion of rightness).

Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act are identified, and evidence-based policy recommendations are posited. The (...) article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the (...) moral explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

Logic and psychology overlap in judgment, inference and proof. The problems raised by this commonality are notoriously difficult, both from a historical and from a philosophical point of view. Sundholm has for a long time addressed these issues. His beautiful piece of work [A Century of Inference: 1837-1936] begins by summarizing the main difficulty in the usual provocative manner of the author: one can start, he says, by the act of knowledge to go to the object, as the Idealist does; (...) one can also start by the object to go to the act, in the Realist mood; never the two shall meet. He is himself inclined to accept the first perspective as the right one and he has eventually developed an original version of antirealism which starts, not from considerations about the publicity of meaning, in the manner of Dummett, but from an epistemic standpoint, trying to search in a non-Fregean tradition of analysis of judgement and cognate notions a way of founding constructivist semantics. The present paper ploughes the same field. We concentrate on the significance, for Sundholm’s program, of the perspective that has been opened by Twardowski in his important essay on acts and products (1912. (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that (...) she ought to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Act-consequentialism (C) is self-effacing for an agent iff that agent’s not accepting C would produce the best outcome. The question of whether C is self-effacing is important for evaluating C. Some hold that if C is self-effacing that would be a mark against it (Williams 1973: 134); however, the claim that C is self-effacing is also used to defend C against certain objections (Parfit 1984: Ch. 1, Railton 1984). -/- In this paper I will show that one argument suggested by (...) Parfit and Railton fails to establish that C is self-effacing for individuals. However, a slightly different argument may show that C is self-effacing for groups. This raises the intriguing possibility that it might be right for an individual, but not for a group of which they are a member, to accept a moral theory. This possibility, odd though it seems, might be helpful to consequentialists. (shrink)

Traditionally, it has been thought that, assuming other conditions are satisfied, your action must be morally worthy or good if you are acting solely from good motives. There is a lively dispute as to which motives are good, but whichever motives are good, acting solely from good motives is not always good and can even be bad on the whole. We may act rightly from a good motive while being indifferent to what matters most. Indifference, I argue, can make our (...) actions less than ideally good and at times even bad. Traditional theories, however, cannot accommodate cases of indifference by assuming absent and ineffective motives can never make a difference to an action’s moral value. Absent as well as ineffective motives can make an action less good and at times even bad. To accommodate this, we need to adopt a proportionality principle in assessing an action. An action is made good to a degree in proportion to the goodness of its effective motives. But an action is also made bad to a degree in proportion to the disproportion it exhibits through its whole set of relevant motives including not only effective motives but also absent as well as ineffective ones. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

In this paper, I defend an account of the reasons for which we act, believe, and so on for any Ф such that there can be reasons for which we Ф. Such reasons are standardly called motivating reasons. I argue that three dominant views of motivating reasons (psychologism, factualism and disjunctivism) all fail to capture the ordinary concept of a motivating reason. I show this by drawing out three constraints on what motivating reasons must be, and demonstrating how each view (...) fails to satisfy at least one of these constraints. I then propose and defend my own account of motivating reasons, which I call the Guise of Normative Reasons Account. On the account I defend, motivating reasons are propositions. A proposition is the reason for which someone Ф‐s when (a) she represents that proposition as a normative reason to Ф, and (b) her representation explains, in the right way, her Ф‐ing. As I argue, the Guise of Normative Reasons Account satisfies all three constraints on what motivating reasons must be, and weathers several objections that might be leveled against propositionalist views. (shrink)

To become a public figure or celebrity, I claim, is to exist alongside a zombie version of yourself. This zombie shares the same name and physical likeness but operates independently of its flesh-and-blood counterpart. In fact, public figures do not have any special authority over the zombie version of themselves, and in some contexts, they enjoy less authority over their zombie counterparts than others do. In the US, for example, public figures are not legally entitled to protections against criticism via (...) parody, which can include unauthorized use of their likeness for offensive images, insulting jokes, and other forms of public mockery. As Michel Foucault observed, a work is entitled to become the “murderer” of its author, which suggests that the author’s name exists among the living dead. An artist’s works can bear their name yet operate independently of their attitudes or mental states. In June of 2019, the master rights to Taylor Swift’s first six albums were sold without her knowledge or consent, effectively “murdering” her rights as their author. Swift’s 2019 decision to re-record her first six studio albums can thus be understood as an act of institutional revenge, a way to get back at the people who have wielded power over her and the institutions that enable exploitation—a battle with her zombified works: the “stolen” original albums. In this chapter I sketch an institutional theory of celebrity names to explain the institutional, personal, and political significance of self-appropriation, using Taylor Swift’s act of re-recording her own music as a paradigm case. (shrink)

In this paper, I will account for the importance of the notion of exemplarity within the contemporary virtue-ethical debate, both in its classic formulation (e.g., Hursthouse 1999) and in the recent exemplarist moral theory advanced by Linda T. Zagzebski (2015; 2017). Despite their differences, which I will discuss extensively, both theories are centered on a characterization of an exemplary virtuous agent that serves as a standard for determining what, in a given situation, is right, wrong, dutiful and forbidden. The (...) first two sections will be devoted to an assessment of the strengths and weaknesses of these two approaches. In the third, I will propose a different role of radical (i.e., exceptional) individuals, i.e., saints and heroes, within a virtue-ethical theory of right action. (shrink)

Act consequentialism states that an act is right if and only if the expected value of its outcome is at least as great as the expected value of any other act’s outcome. Two objections to this view are as follows. The first is that act consequentialism cannot account for our normative ambivalence in cases where agents perform the right act out of bad motives. The second is that act consequentialism is silent on questions of character: questions like ‘What (...) are the right motives to have?’ and ‘What kind of person ought I be?’. These objections have been taken to motivate a move to global consequentialism, on which acts are not the only subjects of normative assessment. Motives and decision-procedures are also judged right or wrong by direct reference to their consequences. In this paper, I argue that these objections fail to motivate the move from act to global consequentialism. (shrink)

MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one (...) person wrongs a second, then the first infringes on the second’s right. We then looked at Nicholas Dixon’s powerful Kantian argument that MMA fighting is wrong. (shrink)

According to Act Consequentialism, an act is right if and only if its outcome is not worse than the outcome of any alternative to that act. This view, however, leads to deontic paradoxes if the alternatives to an act are all other acts that can be done in the situation. A typical response is to only apply this rightness criterion to maximally specific acts and to take the alternatives to a maximally specific act to be the other maximally specific (...) acts that can be done in the situation. (This view can then be supplanted by a separate account for the rightness of acts that are not maximally specific.) This paper defends a rival view, Binary Act Consequentialism, where, for any voluntary act, that act is right if and only if its outcome is not worse than the outcome of not doing that act. Binary Act Consequentialism, which dates back to Jeremy Bentham, has few supporters. A number of seemingly powerful objections have been considered fatal. In this paper, I rebut these objections and put forward a positive argument for the view. (shrink)

Consequentialist theories determine rightness solely based on real or expected consequences. Although such theories are popular, they often have difficulty with generalizing intuitions, which demand concern for questions like “What if everybody did that?” Rule consequentialism attempts to incorporate these intuitions by shifting the locus of evaluation from the consequences of acts to those of rules. However, detailed rule-consequentialist theories seem ad hoc or arbitrary compared to act consequentialist ones. We claim that generalizing can be better incorporated into consequentialism by (...) keeping the locus of evaluation on acts but adjusting the decision theory behind act selection. Specifically, we should adjust which types of dependencies the theory takes to be decision-relevant. Using this strategy, we formulate a new theory, generalized act consequentialism, which we argue is more compelling than rule consequentialism both in modeling the actual reasoning of generalizers and in delivering correct verdicts. (shrink)

The claim I want to explore in this paper is simple. In social ontology, Margaret Gilbert, Abe Roth, Michael Bratman, Antonie Meijers, Facundo Alonso and others talk about rights or entitlements against other participants in joint action. I employ several intuition pumps to argue that we have reason to assume that such entitlements or rights can be ascribed even to non-sentient robots that we collaborate with. Importantly, such entitlements are primarily identified in terms of our normative discourse. Justified criticism, for (...) example, presupposes that another person acted wrongly, i.e., was not entitled to this action. Praise is supposed to encourage another person and acknowledge that one did more than one was obligated to. I show that such normative talk serves the same function when cooperating with robots. This, I argue, suggests that they have the same kind of entitlements and duties at least in the context of a joint action. (shrink)

Not every speech act can be a lie. A good definition of lying should be able to draw the right distinctions between speech acts that can be lies and speech acts that under no circumstances are lies. This paper shows that no extant account of lying is able to draw the required distinctions. It argues that a definition of lying based on the notion of ‘assertoric commitment’ can succeed where other accounts have failed. Assertoric commitment is analysed in terms (...) of two normative components: ‘accountability’ and ‘discursive responsibility’. The resulting definition of lying draws all the desired distinctions, providing an intensionally adequate analysis of the concept of lying. (shrink)

The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in Human Rights & (...) Psychology. Finally, we present an innovative best practice case promoting future rights-based delivery via the Socio-Ecological Model of Health – Kyrie Farm. Keywords: UNCRPD; Assisted Decision Making Act 2015 (ADMA) in the Rep. of Ireland; The Socio-Ecological Model of Health. (shrink)

In Aspiration, Agnes Callard examines the phenomenon of aspiration, the process by which one acquires values and becomes a certain kind of person. Aspiring to become a certain type of person involves more than wanting to act in certain ways. We want to come to see the world in a certain way and to develop the dispositions, attributes, and skills that allow us to seamlessly and effectively respond to situations. The skilled athlete or musician, for example, has developed the muscle (...) memory and the perceptual equivalent to naturally see what a situation requires and to respond well, whether playing a Rachmaninoff concerto or returning a tennis volley. -/- I use Merleau-Ponty’s Phenomenology of Perception to flesh out the process of becoming, through which aspired-to values, skills, and characteristics become part of one’s embodied being-in-the-world. Although some rightly focus on Merleau-Ponty’s efforts to avoid over-intellectualizing skillful action, without appreciating his distinction between habitual actions and human (or personal) acts, we overlook an important aspect of robust human agency—the way “a human act becomes dormant and is continued absent-mindedly as a reflex” (90). Merleau-Ponty’s account of habit and its relation to personal acts offers a rich and phenomenologically sensitive picture of aspiration. (shrink)

Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally (...) legitimate according to that framework – even though illegal and probably condemned by the standard moral norms. The case is that of a small group of Paraguayan campesinos (small farmers) suffering from the effects of a severe drought. In the third part, I introduce the concept of noncivil disobedience: I call an act of noncivil disobedience a conscientious, public, illegal and forcible act whose performance, while not necessarily intended directly as a means to bring about social and/or political change, may help to trigger these changes indirectly. In the fourth part, I suggest that certain instances where the right of necessity is overtly exercised – as in the case of the famine-struck Paraguayan campesinos – may also be interpreted in terms of noncivil disobedience, insofar as they serve a double function: as a means of satisfying immediate need, and as a marker of discontent in a society where the equal rights of individuals are a nominal ideal which remains unfulfilled in practice. I then address two objections that may be raised against resurrecting the idea of a right of necessity and identifying it in certain instances with noncivil disobedience. I conclude by suggesting that, at the point of convergence between the two, a basic right like the right of necessity recovers its value as an active, (rather than passive) entitlement of its holders, while the use of force enters the picture as a legitimate means that – at least under certain circumstances – may be resorted to within the limits of civil society. (shrink)

According to many theories of testimony, acts of testimony confer certain epistemic rights upon recipients, e.g., the right for the recipient to complain or otherwise hold the testifier responsible should the content of that testimony turn out to be false, and the right to “pass the epistemic buck”, such that the recipient can redirect relevant challenges they may encounter back to the testifier. While these discussions do not explicitly exclude testimonial acts that occur online, they do not specifically (...) address them, either. Here, then, I will ask the following questions: do the differences between communicating in online and offline spaces affect our testimonial epistemic rights, and if so, how? While there is no singular “online space”, here I will focus on such spaces in which users communicate with one another, and in which communicated information can be vetted by other users (for example, social media). I argue that the characteristics of online testimony should make us think about testimonial epistemic rights differently, in two ways. First, whereas such rights have traditionally been conceived of as existing between the recipient and testifier, in many different types of online communication these rights exist between the recipient and a community. This is a result of the fact that online testimony is mediated, and in some cases partially determined by, a community of users. As such, testimonial epistemic rights in online spaces may be widely extended: while the original testifier still bears the brunt of responsibility for challenges, and is the primary buck-passee, all other members of the relevant community will also bear some such responsibilities. Second, the grounds of testimonial epistemic rights may differ in online spaces. Existing theories tend to ground such rights either in assurances provided by the testifier, or else norms that govern speech acts. I argue that testimony in online spaces should cause us to look to a third option, what I call norms of information sharing. The idea is that, given the highly social nature of online communication, a recipient acquires testimonial epistemic rights in virtue of having a reasonable expectation that information that is shared and vetted by the community meets certain standards. The grounds of online testimonial epistemic rights, then, is not primarily interpersonal or norms-based, but social. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent (...) or a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

Many paradigmatic forms of animal rights and environmental activism have been classed as terrorism both in popular discourse and in law. This paper argues that the labelling of many violent forms of direct action carried out in the name of animal rights or environmentalism as ‘terrorism’ is incorrect. Furthermore, the claim is also made that even those acts which are correctly termed as terrorism are not necessarily wrongful acts. The result of this analysis is to call into question the terms (...) of public debate and the legitimacy of anti-terrorism laws targeting and punishing radical activism. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current (...) Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

According to Rosalind Hursthouse’s virtue based account of right action, an act is right if it is what a fully virtuous person would do in that situation. Robert Johnson has criticized the account on the grounds that the actions a non-virtuous person should take are often uncharacteristic of the virtuous person, and thus Hursthouse’s account of right action is too narrow. The non-virtuous need to take steps to improve themselves morally, and the fully virtuous person need not (...) take these steps. So Johnson argues that any virtue based account of right action will have to find a way to ground a moral obligation to improve oneself. This paper argues that there is an account of virtue that can offer a partial solution to Johnson’s challenge, an account where virtue is a type of practical skill and in which the virtuous person is seen as having expertise. The paper references the account of skill acquisition developed by Hubert and Stuart Dreyfus. Their research demonstrates that novices in a skill have to employ different strategies to act well than the strategies used by the experts, and so the ‘virtue as skill’ thesis provides support for Johnson’s claim that the actions of the non-virtuous will differ from the virtuous. On the other hand, their research suggests that there is no separating the commitment to improve yourself from the possession of expertise, and so the ‘virtue as skill’ thesis has the resources for grounding the obligation to improve oneself in an account of virtue. (shrink)

I articulate and defend a principle governing enforcement rights in response to a non‐culpable non‐just rights‐intrusion (e.g., wrongful bodily attack by someone who falsely, but with full epistemic justification, believes that he is acting permissibly). The account requires that the use of force reduce the harm from such intrusions and is sensitive to the extent to which the intruder is agent‐responsible for imposing intrusion‐harm.

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge (...) within healthcare organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

The EU Artificial Intelligence Act (AIA) defines four risk categories for AI systems: unacceptable, high, limited, and minimal. However, it lacks a clear methodology for the assessment of these risks in concrete situations. Risks are broadly categorized based on the application areas of AI systems and ambiguous risk factors. This paper suggests a methodology for assessing AI risk magnitudes, focusing on the construction of real-world risk scenarios. To this scope, we propose to integrate the AIA with a framework developed by (...) the Intergovernmental Panel on Climate Change (IPCC) reports and related literature. This approach enables a nuanced analysis of AI risk by exploring the interplay between (a) risk determinants, (b) individual drivers of determinants, and (c) multiple risk types. We further refine the proposed methodology by applying a proportionality test to balance the competing values involved in AI risk assessment. Finally, we present three uses of this approach under the AIA: to implement the Regulation, to assess the significance of risks, and to develop internal risk management systems for AI deployers. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

ABSTRACTWe express and communicate many attitudes beyond belief, such as amusement, joy, admiration, hatred, and desire. I consider whether there are any general norms that would cover all of these cases. The most obvious generalisation of the most popular norms for assertion, fittingness-based theories, fail in part because it is sometimes an intrinsic good to have certain kinds of mental states. I develop an alternative, rightness-based, approach, according to which it is appropriate to communicate a mental state to an interlocutor (...) when it is right to make the interlocutor have that mental state because of the speech act. This view arises naturally from conversational participants’ common interests, and it helps to make sense of linguistic phenomena like expressives. (shrink)

The denial of the intrinsic value of acts apart from both motives and consequences lies at the heart of Ross’s deontology and his opposition to ideal utilitarianism. Moreover, the claim that acts can have intrinsic value is a staple element of early and contemporary attempts to “consequentialise” all of morality. I first show why Ross’s denial is relevant both for his philosophy and for current debates. Then I consider and reject as inconclusive some of Ross’s explicit and implicit motivations for (...) his claim, stemming from his philosophy of action, his axiology, and his concept of intrinsic value, or a combination of these. I also criticize Ross’s later view that all right acts somehow produce some good, but that the value of some of these goods is explained by the prior rightness of the act. In the course of the discussion, the idea that acts can have intrinsic value apart from motives and consequences gains credibility both from the weaknesses in Ross’s arguments and from some putative examples. So, finally, I distinguish two attitudes in the history of ideal utilitarianism towards the necessity or not to give a detailed account of the intrinsic value of acts, and suggest that a Why Bother attitude is more promising than a Constructive one. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...) newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

One is sometimes, but only sometimes, justified in pursuing a suboptimal course of action due to a concern that, in attempting the ideal course, one might fail to follow through and so make the situation even worse. This paper explains why such hedging is sometimes justified and sometimes not. -/- The explanation we offer relies on Elizabeth Anscombe’s distinction between reasons and logoi. Reasons are normative considerations that identify something good or bad that an act will secure or avoid, while (...) logoi constrain which actions one may consider at all. We argue that a careful unpacking of this distinction, in light of Anscombe’s associated notion of natural unintelligibility, explains why hedging is only sometimes justified. First, the intuitively inappropriate cases of hedging all involve treating logoi as though they had the normative bearing of reasons. Second, the action-theoretic differences between reasons and logoi ground a principled explanation of why one may hedge when considering reasons but not when considering logoi. -/- Having made this argument, we then show how our approach to hedging is superior to the two approaches recently developed by Berislav Marušić and Stephen White. First, we show that their accounts give counter-intuitive results in some cases. Second, we argue that their accounts violate a plausible principle of interpersonal parity (i.e., they sometimes allow us to consider the faults of others while precluding us from considering our own faults). Finally, we argue that our account better explains how intuitions shift as we vary the details of cases. (shrink)

Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans are and need depends (...) upon ontological assumptions about human existence. Godman turns to human ontology—just what kind of beings humans are (from an angle distinct from the other two books) and how these play into rights. She is concerned with how well the social sciences accord with what we are. Gunkel homes in on a more specific moral topic than Godman's general concern with identity’s role in rights: automata moral status and rights. He enjoins us to inquire into what human rights are before we take on the new technologies’ challenge to it. Schneider’s Artificial You, while not explicitly about rights, poses a rights quandary. Certain individuals with reputable resources and practical backing explicitly seek to evolve the species as they see fit. The urgency among these works concerns how we need a sharper idea of what we are, how we should act and be treated, and how our rights fare among potential human improvements. (shrink)

For long time, especially in the West, there is old paradigm that is strong separation between science and theology/religion matters. Especially, such a diverging path started from Galileo persecution, and also other patterns where religious authority seem to hold the last word on scientific issues. Other area of this World, seems to not hold such a diverging path, for instance it can be read in the works of physicist turned to religious philosopher, for instance Pavel Florensky and Nesteruk. That is (...) why we also discuss shortly about those scientists in this book. In the last chapter, we discuss about eureka, an experience which for a long time was attributed to divine spark or “God’s favor to an artist or to a scientist, such luminaries like Newton, Pascal, Leibniz etc.” Nonetheless, new methodology appears to be able to be generated once we accept balanced brain approach, where left brain and right brain hemispheres of humans can work together. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil (...) guarantor for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

A book chapter (about 9,000 words, plus references) presenting an act-consequentialist approach to the ethics of climate change. It begins with an overview of act consequentialism, including a description of the view’s principle of rightness (an act is right if and only if it maximizes the good) and a conception of the good focusing on the well-being of sentient creatures and rejecting temporal discounting. Objections to act consequentialism, and replies, are also considered. Next, the chapter briefly suggests that act (...) consequentialism could reasonably be regarded as the default moral theory of climate change, in the sense that a broadly act-consequentialist framework often seems implicit in both scholarly and casual discussions of the ethics of climate change. The remainder of the chapter explores three possible responses to the threat of climate change: having fewer children to reduce the number of people emitting greenhouse gases; taxing greenhouse-gas (GHG) emissions (commonly called a “carbon tax”) to discourage GHG-emitting behavior; and reducing poverty to lessen personal, familial, and community vulnerability to the harms of climate change. (shrink)

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...) his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...) setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

In his paper “Palladium of the People – A Kantian Right to Internet Access”, Christopher Buckman argues for internet access as a universal right. He bases his argumentation on the potential of social media, which has clearly proven itself to be a wrong assumption. This paper builds on his argumentation, but uses the concept of the Fediverse – a decentralized alternative to closed social media platforms – instead of traditional social media to argue for universal internet access, by (...) this completing his argument and additionally, leading to a Kantian right to Fediverse access and three follow-up questions: What are reasonable ways to achieve universal Fediverse Access? How can we act morally in the Fediverse? How can the Fediverse itself become and stay moral – and implicitly through this: how could the Fediverse contribute to a moral world? (shrink)