During long-term refugee displacements, it is common for the refugees’ country of origin to be called on to recognize a right of return. A long-standing tradition of philosophical theorizing is sceptical of such a right. Howard Adelman and Elazar Barkan are contemporary proponents of this view. They argue that, in many cases, it is not feasible for entire refugee populations to return home, and so the notion of a right of return is no (...) class='Hi'>right at all. We can call Adelman and Barkan’s view the feasibility objection. Many defenders of rights will deny that empirical facts such as the kind to which Adelman and Barkan appeal are relevant to determining whether a moral entitlement amounts to a right. In contrast, I offer a response to the feasibility objection that does admit the relevance of facts. In my view, considerations of feasibility do matter when determining what rights human beings possess. Nevertheless, the feasibility objection is undone by its failure to acknowledge a distinction between two different kinds of feasibility constraints. ‘Hard’ constraints include logical, nomological and biological considerations. ‘Soft’ constraints include political, cultural and institutional factors. A necessary condition of a moral entitlement achieving the status of a right, I argue, is that it be feasible in the hard sense. Crucially, however, a right need not always be feasible in the soft sense. Refugees can have rights that it is not currently possible to implement politically. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the (...) problem of the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's (...) state of origin, take responsibility for safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount (...) of the carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)

This essay reads acclaimed poet James Galvin’s 1992 semi-autobiographical novel through the lenses of Martin Heidegger’s notion of authenticity and Patrick Wolfe’s discussion of settler-colonialism. I argue that Lyle, arguably the novel’s main character, is portrayed as living “authentically” in contrast to the deep inauthenticity of Ferris. I connect Western authentic dwelling with settler-colonial logic, centering my account on the figures of the “lazy” and “magical” “Indian.” Ultimately, I find that far from rejecting settler-colonial logic Galvin’s text plays out of (...) a return of the repressed of the present absence of indigenous persons in the land and the text. (shrink)

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

An increasing number of European research projects return, or plan to return, individual genomic research results (IRR) to participants. While data access is a data subject’s right under the General Data Protection Regulation (GDPR), and many legal and ethical guidelines allow or require participants to receive personal data generated in research, the practice of returning results is not straightforward and raises several practical and ethical issues. Existing guidelines focusing on return of IRR are mostly project-specific, only (...) discuss which results to return, or were developed outside Europe. To address this gap, we analysed existing normative documents identified online using inductive content analysis. We used this analysis to develop a checklist of steps to assist European researchers considering whether to return IRR to participants. We then sought feedback on the checklist from an interdisciplinary panel of European experts (clinicians, clinical researchers, population-based researchers, biobank managers, ethicists, lawyers and policy makers) to refine the checklist. The checklist outlines seven major components researchers should consider when determining whether, and how, to return results to adult research participants: 1) Decide which results to return; 2) Develop a plan for return of results; 3) Obtain participant informed consent; 4) Collect and analyse data; 5) Confirm results; 6) Disclose research results; 7) Follow-up and monitor. Our checklist provides a clear outline of the steps European researchers can follow to develop ethical and sustainable result return pathways within their own research projects. Further legal analysis is required to ensure this checklist complies with relevant domestic laws. (shrink)

For over 30 years, Ozamiz city was ruled by a political dynasty whose predatory politics has brought about the radical deficit of democracy in the state. Politics in the city is characterized with political harassments and violence. For three decades the ruling family succeeded in reformulating the democratic values of the place that they were able to rule the city without any threats of popular uprising and protestations. With their political machinery they were able to hostage the people of Ozamiz; (...) often denying most of the citizens their freedom to insist for their fundamental democratic rights and entitlements. However, with the advent of a radical leadership exemplified by Chief Inspector Jovi Espenido, the fate of democracy in the city is radically empowered. This paper intends to examine the state of politics of Ozamiz city following Chantal Mouffe’s radical democratic paradigm. It aims to elucidate how Mouffe’s antagonistic democracy fits to the state of politics in Ozamiz after the progressive leadership of Jovi Espinido was realized. (shrink)

Concerns about emerging and re-emerging infectious diseases have given a new lease of life to quarantinist measures: a series of time-honoured techniques for controlling the spread of infectious diseases through breaking the chain of human contagion. Since such measures typically infringe individual rights or privacy their use is subject to legal regulations and gives rise to ethical and political worries and suspicions. Yet in some circumstances they can be very effective. After considering some case studies that show how epidemics are (...) unique, fluid and affected by a multitude of contingent factors, it is argued that the legal and ethical guidelines may not always be the best approach to discipline the use of quarantinist measures. An alternative model based on ex-post political accountability for reasonableness is proposed. This model restores the centrality of political decision and expert judgement in situations characterized by high risk, uncertainty and contingency. It is argued that such alternative model affords quicker and more flexible responses to serious outbreaks of infections, while providing adequate protection against abuses. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine (...) learning purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...) Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (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)

In this paper I attempt to unpack the current public debate on racial transformation in South African sport, particularly with regard to the demographic make-up of its national cricket and rugby sides. I ask whether the alleged moral imperative to undertake such transformation is, in fact, a moral imperative at all. I discuss five possible such imperatives: the need to compensate non-white South Africans for the injustices in sport’s racist history, the imperative to return the make-up of our national (...) sides to what they would have been in the absence of that history, the requirement that national sides be representative of the country, the need to eliminate ongoing racial bias in selection, and the obligation to provide all South Africans, regardless of their race, the opportunity to compete as equals for places in the national side. I argue that the first three, drawn from talk of “rectifying the injustices of the past,” “achieving demographic proportionality between the sides and the country,” “representivity,” and “transformation” itself, are not compelling. The remaining two are of great moral import, but that the sorts of phrases just mentioned, and which are frequently used in the debate, have little to do with those genuine moral requirements. (shrink)

The phenomenon of the little—the weak, the veiled, the lowly—is, by right, overlooked. Its revelation passes unnoticed while the self remains inflated. The arrival of the little awaits its selfless reducer, not the nihilating selflessness of an absolute alterity but a way of becoming little which occasions its fullest manifestation. So little, so revealed. I advance toward a phenomenology of becoming little according to its spirituality’s namesake, Thérèse of Lisieux. I build on the phenomenologies of Emmanuel Levinas and Jean-Luc (...) Marion pausing at three moments along the way: the return to childhood; the discovery, after me, of self-confidence; and an imbalanced audacity. The upshot is that the significance of the little is big: littleness makes possible the immanent glimpse of unconditional revelation, a glimpse of beauty. (shrink)

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

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)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ (...) is north-wing. A quiz gives the reader’s Political Compass reading. (shrink)

Freud’s discussion of uncanny [unheimlich] experiences focuses on their peculiar ambivalence. On his view, the uncanny is a paradoxical feeling of both familiarity and alienation. While Freud’s analysis of this paradoxical feeling does succeed in explaining it away, it does little to explain it. One might expect a psychoanalytical demystification of the real experience that is hidden behind the superstitious overtones of uncanny experiences. Instead, the uncanny is attributed rather anti- climactically to the combination of a previous superstition (maintained unconsciously) (...) and an entirely coincidental verification of that superstition. The implication is that there is no uncanny per se. There is no distinctive category of experience, the unique character of which tends to cause or encourage superstitious beliefs; rather, such beliefs are prerequisite to having the experience. In other words, the experience suits the belief, and not vice-versa. The uncanny is the fantasized verification of a repressed fantasy. It involves a breakdown of the reality principle and the projection of beliefs into the external world, rather than a peculiarity of feeling that can be linked intrinsically to a specific category of experience. I do not intend to reject this analysis in its entirety. The basic structure, repression and return, is sound. However, Freud’s analysis of the uncanny, which resolves uncanny ambivalence into the separate categories of consciousness and unconsciousness, merely reinstates the problematical opposition of das heimliche and das unheimliche, familiar and unfamiliar, within the mind rather than in the external world. The coincidence of the two feelings in uncanny experience cannot be explained without an intervening stage between repression and return. I will suggest that Freud’s characterization of uncanniness as the return, in superstition, of the repressed is a misplacement of the experience of uncanniness. The aesthetical feeling is the cause of, but not identical to, the projected superstitions and ideas which surround it. An explanation of the feeling of uncanniness must fall not on the side of the repressed, but on the side of consciousness. The import of my position is that the feeling of uncanniness refers, in a manner of speaking, to something “real,” rather than merely to infantile ideas projected upon the external world. Freud’s explanation makes the unconscious a kind of scapegoat to be blamed for imposing fundamentally irrational beliefs into our interpretation of present experience, in that way preserving a model of the conscious ego as autonomous, fundamentally attuned to reality and ultimately independent of the unconscious. I will argue, on the contrary, that the experience of the uncanny is not merely a falling back into irrational or infantile beliefs, but an experience of a deep disunity in personhood that rightly causes us to question our everyday confidence in the unity, independence, and rationality of our conscious sense of self. The ambivalence of the feeling has its source in an irresolvable ambivalence that can exist in consciousness, and not simply in an analytically resolvable psychical ambivalence between consciousness and the unconscious. (shrink)

C.H. Waddington’s concepts of ‘chreods’ (canalized paths of development) and ‘homeorhesis’ (the tendency to return to a path), each associated with ‘morphogenetic fields’, were conceived by him as a contribution to complexity theory. Subsequent developments in complexity theory have largely ignored Waddington’s work and efforts to advance it. Waddington explained the development of the concept of chreod as the influence on his work of Alfred North Whitehead’s process philosophy, notably, the concept of concrescence as a self-causing process. Processes were (...) recognized as having their own dynamics, rather than being explicable through their components or external agents. Whitehead recognized the tendency to think only in terms of such ‘substances’ as a bias of European thought, claiming in his own philosophy ‘to approximate more to some strains of Indian, or Chinese, thought, than to western Asiatic, or European, thought.’ Significantly, the theoretical biologist who comes closest to advancing Waddington’s research program, also marginalized, is Mae-Wan Ho. Noting this bias, and embracing Whitehead’s and Waddington’s efforts to free biology from assumptions dominating Western thought to advance an ontology of creative causal processes, I will show how later developments of complexity theory, most importantly, Goodwin’s work on oscillations, temporality and morphogenesis, Vitiello’s dissipative quantum brain dynamics, Salthe’s work on hierarchy theory, biosemiotics inspired by Peirce and von Uexküll, Robert Rosen’s work on anticipatory systems, together with category theory and biomathics, can augment while being augmented by Waddington’s work, while further advancing Mae-Wan Ho’s radical research program with its quest to understand the reality of consciousness. (shrink)

In his correspondence, John Locke described his close friend Damaris Masham as ‘a determined foe to ecclesiastical tyranny’ and someone who had ‘the greatest aversion to all persecution on account of religious matters.’ In her short biography of Locke, Masham returned the compliment by commending Locke for convincing others that ‘Liberty of Conscience is the unquestionable Right of Mankind.’ These comments attest to Masham’s personal commitment to the cause of religious liberty. Thus far, however, there has been no scholarly (...) discussion of the tolerationist ethic underlying Masham’s 1705 publication, Occasional Thoughts. In this chapter, I argue that Masham’s work appeals to three common tolerationist principles of her time: the idea that the authorities should not use coercion and penalties as ways of imposing religious beliefs on others; the view that God requires human beings to attain salvation through their own efforts, and not by blindly following the dictates of the state-established religion; and the idea that the granting of liberty of conscience helps to ensure the peace and stability of political society. I show that Masham goes further than her tolerationist contemporaries by arguing that together these principles imply that a woman’s intellectual education—or the conscious cultivation of a woman’s ability to reflect critically on her religious beliefs—is vital for the good of the commonwealth. (shrink)

ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the (...) law. My conclusion is that people smuggling is sometimes a permissible way of helping refugees to evade unjust immigration restrictions and compelling states to bear their fair share of the global refugee population. (shrink)

Care is more than dispensing pills or cleaning beds. It is about responding to the entire patient. What is called “bedside manner” in medical personnel is a quality of treating the patient not as a mechanism but as a being—much like the caregiver—with desires, ideas, dreams, aspirations, and the gamut of mental and emotional character. As automata, answering an increasing functional need in care, are designed to enact care, the pressure is on their becoming more humanlike to carry out the (...) function more effectively. The question becomes not merely whether the care automaton can effect good bedside manner but whether the patient’s response is not feeling deceived by the humanlikeness. It seems the device must be designed either to effect explicit mere human-“likeness,” thus likely undermining its bedside-manner potential, or to fool the patient completely. Neither option is attractive. This article examines the social problems of designing maximally humanlike care automata and how problems may start to erode the human rights of users/patients. The article then investigates the alternatives for dealing with this problem, whether by industrial and professional self-regulation or public-policy initiatives. It then frames the problem in the broader historical perspective in terms of previous bans, moratoria, and other means of control of hazardous and potentially rights-violating techniques and materials. (shrink)

It may be a myth that Plato wrote over the entrance to the Academy “Let no-one ignorant of geometry enter here.” But it is a well-chosen motto for his view in the Republic that mathematical training is especially productive of understanding in abstract realms, notably ethics. That view is sound and we should return to it. Ethical theory has been bedevilled by the idea that ethics is fundamentally about actions (right and wrong, rights, duties, virtues, dilemmas and so (...) on). That is an error like the one Plato mentions of thinking mathematics is about actions (of adding, constructing, extracting roots and so on). Mathematics is about eternal relations between universals, such as the ratio of the diagonal of a square to the side. Ethics too is about eternal verities, such as the equal worth of persons and just distributions. Mathematical and ethical verities do both constrain actions, such as the possibility of walking over the seven bridges of Königsberg once and once only or of justly discriminating between races. But they are not themselves about action. In principle, neither mathematical nor ethical verities are subject to historical forces or disagreement among tribes (though they can be better understood as time goes on). Plato is right: immersion in mathematics induces an understanding of the necessities underpinning reality, an understanding that is essential for distinguishing objective ethics from tribal custom. Equality, for example, is an abstract concept which is foundational for both mathematics and ethics. (shrink)

More philosophical effort is spent articulating evolutionary rationales for the development of belief-like capacities than for precursors of desires or preferences. Nobody, though, seriously expects naturally evolved minds to be disinterested epistemologists. We agree that world-representing states won’t pay their way without supporting capacities that prioritise from an organism’s available repertoire of activities in light of stored (and occurrent) information. Some concede that desire-like states would be one way of solving this problem. Taking preferences as my starting point instead of (...) belief-like states, I defend two conclusions. First, psychologically real preference states, which approximately token expected utilities, have a quite general evolutionary rationale. They are a solution to the problem of efficiently allocating capacities with incompatible uses. This argument is a version of the Environmental Complexity Thesis. Second, preferences can plausibly function and naturally evolve without belief-like states, even though the converse claim is incredible. Preferences, that is, can mediate between discriminations of occurrent states (‘internal’ or ‘external’) and the processes selecting activity without mediation by stored indicative representations. By tokening expected utilities of actions conditional on discriminated state, they can increase the rate at which the ‘right thing’ is done at appropriate times, and they can do this without the support of belief-like, world-representing states. Preferences, even incomplete and noisy sets of them, are a fuel for success that will tend to be favoured when environments are complex in ways that matter to an organism, and when the organisms have complex behavioural repertoires with heterogenous returns and costs. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good place. (...) My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing anything (...) prejudicial to other states' security can be modeled as ceding rights against diagnostic collection--light touch collection limited to ascertaining if someone is likely an intelligence threat--as part of their duty to support just foreign institutions. Foreign intelligence officers could not perform the same job potential targets can reasonably demand their intelligence agencies perform on their behalf without this ceding of rights. More invasive forms of collection can only be justified if officers can reasonably model their citizens consenting to being the target of the same sort of collection by adversary states. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

The fact that Internet companies may record our personal data and track our online behavior for commercial or political purpose has emphasized aspects related to online privacy. This has also led to the development of search engines that promise no tracking and privacy. Search engines also have a major role in spreading low-quality health information such as that of anti-vaccine websites. This study investigates the relationship between search engines’ approach to privacy and the scientific quality of the information they (...) class='Hi'>return. We analyzed the first 30 webpages returned searching “vaccines autism” in English, Spanish, Italian, and French. The results show that not only “alternative” search engines but also other commercial engines often return more anti-vaccine pages (10–53%) than Google (0%). Some localized versions of Google, however, returned more anti-vaccine webpages (up to 10%) than Google. Health information returned by search engines has an impact on public health and, specifically, in the acceptance of vaccines. The issue of information quality when seeking information for making health-related decisions also impact the ethical aspect represented by the right to an informed consent. Our study suggests that designing a search engine that is privacy savvy and avoids issues with filter bubbles that can result from user-tracking is necessary but insufficient; instead, mechanisms should be developed to test search engines from the perspective of information quality (particularly for health-related webpages) before they can be deemed trustworthy providers of public health information. (shrink)

Once upon a time, during a large and international conference of the world's leading philosophers, an angel miraculously appeared and said, "I come to you as a messenger from God. You will be permitted to ask any one question you want - but only one! - and I will answer that question truthfully. What would you like to ask?" The philosophers were understandably excited, and immediately began a discussion of what would be the best question to ask. But it quickly (...) became obvious that they needed more time to discuss the matter, so they asked the angel if he could get back to them. The angel was obliging, and said that he would return at the same time the next day. "But be prepared then," he warned them, "for you will only get this one chance." All of the philosophers gathered at the convention worked at a frenzied pace for the next twenty-four hours, proposing and weighing the merits of various questions. Other philosophers from around the world became involved as well, faxing and emailing their suggestions. Some were in favor of asking the kind of practical question that lots of people might like to know the answer to, such as this one: Q1 Is it better to check your oil when the car is hot or when it is cold? But others said they should not squander this rare opportunity, which gave them a chance to learn something about a truly important and intrinsically interesting topic, and after some discussion it was generally agreed that this was right. (shrink)

According to Charles S. Peirce and to Mariano Artigas, science is the collective and cooperative activity of all those whose lives are animated by the desire to discover the truth. The particular sciences are branches of a common tree. The unity of science is not achieved by the reduction of the special sciences to more basic ones: the new name for the unity of the sciences is cross-disciplinarity. This is not a union of the sciences themselves, but rather the unity (...) and dialogue of scientists, the real inquirers into the truth. In the light of Peirce’s and Artigas’s teachings, we can see that philosophers are in just the right place to call for this unity of sciences. This call should not be seen as promoting a return to the old scientism, but seeks a deep dialogue between the particular sciences and philosophy in order to deal with the presuppositions of the scientific enterprise. The key to the cross-disciplinarity of knowledge is not revolution, but rather shared efforts in a unique mixture of continuity and fallibilism, of affection and reason, of the attempt to understand others’ disciplines as well as our own. (shrink)

Perhaps the question “What is philosophy?” can only be posed late in life, when old age has come, and with it the time to speak in concrete terms. It is a question one poses when one no longer has anything to ask for, but its consequences can be considerable. One was asking the question before, one never ceased asking it, but it was too artificial, too abstract; one expounded and dominated the question, more than being grabbed by it. There are (...) cases in which old age bestows not an eternal youth, but on the contrary a sovereign freedom, a pure necessity where one enjoys a moment of grace between life and death, and where all the parts of the machine combine to dispatch into the future a trait that traverses the ages: Turner, Monet, Matisse. The elderly Turner acquired or conquered the right to lead painting down a deserted path from which there was no return, and that was no longer distinguishable from a final question. In the same way, in philosophy, Kant’s Critique of Judgment is a work of old age, a wild work from which descendants will never cease to flow.We cannot lay claim to such a status. The time has simply come for us to ask what philosophy is. And we have never ceased to do this in the past, and we already had the response, which has not varied: philosophy is the art of forming, inventing, and fabricating concepts. But it was not only necessary for the response to take note of the question; it also had to determine a time, an occasion, the circumstances, the landscapes and personae, the conditions and unknowns of the question. One had to be able to pose the question “between friends” as a confidence or a trust, or else, faced with an enemy, as a challenge, and at the same time one had to reach that moment, between dog and wolf, when one mistrusts even the friend. Gilles Deleuze was professor of philosophy at the University of Paris VIII, Vincennes-St.-Denis, until his retirement in 1987. Among his books translated into English are the two-volume Capitalism and Schizophrenia , the two-volume Cinema , The Logic of Sense , and Expressionism in Philosophy: Spinoza . Daniel W. Smith is a doctoral candidate in philosophy at the University of Chicago. He is at work on a study of the philosophy of Deleuze, and is translating Deleuze’s Francis Bacon: Logique de la sensation. Arnold I. Davidson, executive editor of Critical Inquiry, teaches philosophy at the University of Chicago and is currently Marta Sutton Weeks Fellow at the Stanford Humanities Center. (shrink)

In this edition are presented the works by Alex Listengort, written in a period of time from autumn-2008 to may 2013. Here the reader may see a circulation of different topics, of questions and answers, embodied in Poems. These Pieces of Arts do Bless and Fill Up with a Special Energy that is familiar to every living creature, and that brings peace, eternity, divine presence and Miracle of life in all its forms. Searches for a meaning of life and its (...) integrating into the life itself, eternal existencional questions, for which the author dares to give an answer in his poems. Themes of love and beguines, motherland, nature, time and something they call the God: all that finds its reflections in authors’ poems, but the main here are the questions of enlightenment, spiritual awakening of a human being, gaining happiness, abundance and awareness: of everything, that each of us insists to find on the line, of everything, that, as author says, no one had ever really lost, and what Is just temporarily hidden under a tricky veil, that is a part of a global plan, that is a special condition of this Game. Today in our hands we all keep a totally blessed possibility to get the needed truth, to open a stream that does fill up and gives us new power to go further: with a good will, conscioused goal, bright mind and an awakened soul. Many people that have known Alex’s creativity do mark a special energy of his poems, that truly gifts them peacefulness, joy, bliss, energy and a new knowledge. The Author itself sincerely looks forward for his works to complete their mission by revealing in a right way to the people beautiful secrets of all the world around and will bring happiness, peace and awakening into this world. Besides this edition are published «Okean Bozhestvennosty» - a complete book with Alex Listengorts’ poems, notes and prosaic miniatures, and also – «A New Stage of Awakening», a book, where reader finds a new way of looking on humans spiritual awakening and on the esoteric knowledge that leads to such revelations. In prospect there Is a novel “The Return”. -/- DISCOVER A NEW (WELL FORGOTTEN) WORLD: A WORLD OF YOURSELF. AN ENERGY, LIVING IN EVERYTHING. A DIVINE CHARGE, OF WHICH YOU ARE AN ETERNAL GUIDE . (shrink)

Abstract: In the wide range of issues of violence against women in Arab and Western societies, Professor Brian Sykes wrote about how the future can be without men by looking at the male dominance of Y chromosome on female X chromosome and trying to trace the first forms of male dominance The World To the extent that some geneticists think theoretically that a female ovum is fertilized by an ovum from another female to produce a new human being is of (...) course a female and This method, although it is an abnormal way of thinking to retaliate against a male Y chromosome, expresses a reaction that needs scientific analysis. in the Arab societies, the influence of masculine dominance on the female society has emerged , many forms have taken place. Women are surrounded by a masculine belt that they may not be able to negotiate with them because of ignorance and illiteracy and the spread of some inherited customs and traditions. In addition, other matters that are subject to mutual agreement between the parties and without agreement, with the industrial revolution, women started to work to achieve their own self, then they became involved in education in there society, started to claim some rights , Various women's associations encouraged them, witch allowed women to demand full and undiminished equality between men and women in all fields, And encouraged the abolition of the subordination of children to fathers and the equality of male and female in inheritance until the demand to abolish the upbringing of children in the institutions of the marital common and raising them in communes groups. Or in alternative care institutions while freeing them from the bond of married life and from restricting maternal emotion to be a man's vow and the replacement of artificial reproduction in order to reach their highest point in the equality curve. Although these claims reflect the amount and cruelty of a world Women, however, want the desired equality in this way to be false equality and will not achieve the desired return of stolen rights and did not meet the purpose, but was a call for the continuation of community violence, and although some women in the communities wish to live in a society without men from the abundance of what they have But there is still room for love, tolerance and change, based on the beautiful feelings of women and their feelings and emotions towards men. This study may have been considered as a call to rephrase parenting methods as a preventive method to mitigate future violence against women. The purpose of the study may be to direct and work with new generations alongside current generations involved in daily violence practices and rework to deal with this in a gradual and simple way to alleviate the issues of violence in society. (shrink)

In what follows, I suggest that, against most theories of time, there really is an actual present, a now, but that such an eternal moment cannot be found before or after time. It may even be semantically incoherent to say that such an eternal present exists since “it” is changeless and formless (presumably a dynamic chaos without location or duration) yet with creative potential. Such a field of near-infinite potential energy could have had no beginning and will have no end, (...) yet within it stirs the desire to experience that brings forth singularities, like the one that exploded into the Big Bang (experiencing itself through relative and relational spacetime). From the perspective of the eternal now of near-infinite possibilities (if such a sentence can be semantically parsed at all), there is only the timeless creative present, so the Big Bang did not happen some 13 billion years ago. Inasmuch as there is neither time past nor time future nor any time at all at the null point of forever, we must understand the Big Bang (and all other events) as taking place right here and now. In terms of the eternal now, the beginning is happening now and we just appeared (and are always just appearing) to witness it. The rest is all conscious construction; time and experience are so entangled, they need each other to exist. (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...) a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many (...) animals can be wronged and thus, by extension, have rights. The result, I argue, is a perspective on the nature of moral rights in general, and the idea of animal rights in particular, that constitutes an important and plausible alternative to the more familiar views advanced by philosophers in recent decades. (shrink)

Current events force upon Americans not only the duties of a citizen of a nation at war but also the conceptual challenge of understanding the nature of citizenship. In Aristotle and the Rediscovery of Citizenship Susan Collins argues that contemporary liberal political theory, based on presuppositions about the priority of the individual to the state, is incapable of responding to such an intellectual challenge. At least since the publication of John Rawls’ Political Liberalism (1993), contemporary liberal political theory has struggled (...) to articulate an account of liberal citizenship which captures the obligations inherent in citizenship consistent with the individual freedom inherent in liberalism. But Collins argues that it is only through a return to Aristotle, who does not share liberal presuppositions, that we can understand the limitations of the liberal notion of citizenship adequately. To understand two crucial issues—the relationship of the right to the good and the nature of civic education—Collins claims we “must begin from Aristotle’s treatment of law and the education to moral virtue in his Nicomachean Ethics. This treatment opens the way to his direct investigation of the meaning and limits of citizenship in the Politics” (3). (shrink)

This article discusses the rights enjoyed by irregular combatants in detention, that is, members of organized groups (who may be fighting an insurgency or engaging in terror attacks) who fail to qualify for POW status. The paradigmatic example of such a detainee would be an al-Qaeda agent.

At the end of one side of a manuscript entitled “On Kant” and housedin the Scholem Archive in Jerusalem, one reads the following pro-nouncement: “it is impossible to understand Kant today.” 1 Whatever it might mean to “understand” Kant, or indeed, whatever “Kant” is heremeant to be understood, it is certain, according to the manuscript,that such understanding cannot come about by way of purporting tohave returned to or spoken in the name of “Kant.” For “[t]oday,” sothe document begins, “there are (...) many people who call themselvesKantians, and who profess to have—or actually do have—cognitions inKantian terminology.” Whatever the degree of truth or falsity to suchcognitions, however, neither those who produce these cognitions nor aphilosophy consisting in these cognitions have a right to call themselves“Kantian,” since it is “obvious” that “such terminology is not equivalent to Kantian language” but is abstracted from “language” as innovationstowards the better description of the world. (shrink)

The article conceptualizes the term Pedagogy of Fear as the master narrative of educational systems around the world. Pedagogy of Fear stunts the active and vital educational growth of the young person, making him/her passive and dependent upon external disciplinary sources. It is motivated by fear that prevents young students—as well as teachers—from dealing with the great existential questions that relate to the essence of human beings. One of the techniques of the Pedagogy of Fear is the internalization of the (...) view that without evaluation and assessment we cannot know a child’s level or “worth”—and therefore are unable to help him/her if he is “slow in learning.” In contrast, Philosophy for/with Children offers a space for addressing existential questions, some of which deal with urgent social issues. The willingness to make philosophy inquiry an alternative already from an early age seeks to allow the child to challenge him/herself with new and fresh questions. Philosophy for/with Children does not regard children as a “space of lack” (experience, knowledge, values, etc.) The new and fresh philosophical perspective of children demands the presence of a willingness to engage in dialogue and rejection of the fear of the innocent and deep questions of philosophy. Shaking free of the Pedagogy of Fear and restoring honor to children’s questions demands a fundamental conceptual change within education. The replacement of existential certainty as it is depicted by adults in the existing education system with an existential question is a heavy intellectual task that in most cases is viewed as subversive—primarily on the part of the adult. It demands a return to starting points and a willingness to allow children a free and safe educational space in which to ground preliminary and fertile questions about themselves, their lives, their environment, and, most of all, the changing world they discover with the form of originality that is right for them. (shrink)

Avia Pasternak argues for a right that democracies have to sanction other democracies. This paper reconstructs her argument and objects to one of its premises.

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)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a (...) class='Hi'>right, founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)