"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, (...) and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms. (shrink)

The first comprehensive reference resource on comparative constitutional law, the Oxford Handbook provides a road map to the field. Leading experts examine the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.

The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making (...) -- The constitutional subject and clashing visions of citizenship : can we be beyond what we are not? -- Can the constitutional subject go global? imagining a convergence of the universal, the particular, and the singular. (shrink)

Disturbed by these acrimonious arguments, the authors - former colleagues and university-press board members - embarked on an ambitious project to reexamine a number of major literary and philosophical works dealing with the liberal arts and education. With their discussions ranging from Plato to Rousseau, from Cicero to Vico, from Erasmus to Matthew Arnold, Sousa and Weinsheimer offer not a history of education philosophy but an examination of the present.

The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR.

Explores some steps toward non-assimilative encounters in the "global village.".

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of ‘democratic centralism’ shows that while it does not (...) now adequately support the right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

In this paper, I discuss some of the human rights that are threatened by the impact of global warming and the problem of motivation to comply with the duties of climate justice. I explain in what sense human rights can be violated by climate change and try to show that there are not only moral reasons to address this problem, but also more prudential motives, which I refer to as quasi-moral and non-moral reasons. I also (...) assess some implications of potentially catastrophic impacts driven by this ecological issue. My aim is to locate, by outlining a normative perspective based on sound empirical findings, urgent climate injustices, and explain why well-off citizens in developed countries have strong reasons to avert the potentially massive violation of the rights of present and future victims of climate change. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject‐matter of philosophy can also become part of the subject‐matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed (...) within a particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, and concludes against both Luhmann and Dworkin that the integration of philosophy in law is interstitial and limited. The consequence of this for law's validity and legitimacy is a likely increase in contestation and contestability. The essay concludes that by embracing pluralism as a philosophy, one can reduce and better manage contestability without ever becoming able to eliminate it. (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Ethics at the centre of global and local challenges. For much of the history of the Journal of Business Ethics, ethics was seen within the academy as a peripheral aspect of business. However, (...) in recent years, the stakes have risen dramatically, with global and local worlds destabilized by financial crisis, climate change, internet technologies and artificial intelligence, and global health crises. The authors of these commentaries address these grand challenges by placing business ethics at their centre. What if all grand challenges were framed as grand ethical challenges? Tanusree Jain, Arno Kourula and Suhaib Riaz posit that an ethical lens allows for a humble response, in which those with greater capacity take greater responsibility but remain inclusive and cognizant of different voices and experiences. Focussing on business ethics in connection to the grand challenge of environmental emergencies, Steffen Böhm introduces the deceptively simple yet radical position that business is nature, and nature is business. His quick but profound side-step from arguments against human–nature dualism to an ontological undoing of the business–nature dichotomy should have all business ethics scholars rethinking their “business and society” assumptions. Also, singularly concerned with the climate emergency, Boudewijn de Bruin posits a scenario where, 40 years from now, our field will be evaluated by its ability to have helped humanity emerge from this emergency. He contends that Milieudefensie v. Royal Dutch Shell illustrates how human rights take centre stage in climate change litigation, and how business ethics enters the courtroom. From a consumer ethics perspective, Deirdre Shaw, Michal Carrington and Louise Hassan argue that ecologically sustainable and socially just marketplace systems demand cultural change, a reconsideration of future interpretations of “consumer society”, a challenge to the dominant “growth logic” and stimulation of alternative ways to address our consumption needs. Still concerned with global issues, but turning attention to social inequalities, Nelarine Cornelius links the capability approach to global and corporate governance, arguing that CA will continue to lie at the foundation of human development policy, and, increasingly, CSR and corporate governance. Continuing debate on the grand challenges associated with justice and equality, Laurence Romani identifies a significant shift in the centrality of business ethics in debates on managing differences, positing that dialogue between diversity management and international management can ground future debate in business ethics. Finally, the essay concludes with a commentary by Charlotte Karam and Michelle Greenwood on the possibilities of feminist-inspired theories, methods, and positionality for many spheres of business ethics, not least stakeholder theory, to broaden and deepen its capacity for nuance, responsiveness, and transformation. In the words of our commentators, grand challenges must be addressed urgently, and the Journal of Business Ethics should be at the forefront of tackling them. (shrink)

The 20th century produced overwhelming advances in biomedicine with the 1990s introducing 148,000 patents as part of the mapping and sequencing of the human genome. Bioethical realities and debates of prenatal genetic testing, new reproductive technologies, stem cell research, human cloning and DNA data banks have obscured the less provocative public and social issues of gun control, immunization, employee leave programs to assist care for dying relatives, emergency room use as primary care sites by the uninsured, and medical (...) care provision to the homeless. With the events of September 11, the focus has shifted to bioterrorism: an international and global concern that portends broad environmental consequences while requiring a local, community response of which the business enterprise is a part. The tension that results from a required local and global response to bioterrorism and biotechnology by the business community forms a dialectic and provides a venue for addressing business ethics in an international forum. This paper explores the relationship of events and its meaning for business. Part I provides the background of biotechnology and bioterrorism and how the two form a dialectic reality that shapes ethical debate. Part II presents provocations and questions for an emerging ethic based on the integrative response from the public health, medical, business and religious communities. Four areas for business contribution in shaping emerging ethics in the age of biotechnology—bioterrorism are suggested. (shrink)

Whenever sovereignty is defined as a supreme, absolute, unfettered and unlimited power, there is an obvious contradiction between two ideas: that states are sovereign and that they can or should be limited. Nevertheless, while many legal texts proclaim sovereignty, there are several signs that states are indeed limited by constitutional or international law. In light of this situation, some authors claim that those texts are mere proclamations and that sovereignty is an obsolete concept, while others argue that states are (...) still sovereign and that there are no real limits, but others still try to conceive of sovereignty as limited by morality or natural law. Professor Benvenisti’s remarkable theory of sovereigns as trustees of humanity is part of a very old tradition going back to the sixteenth century where sovereignty was defined as an absolute power, which is unlimited by positive law, yet based on and limited by natural law. This Article tries to show that this concept of sovereignty has emerged because of the necessity to provide a final point of imputation to the hierarchy of norms, and that the limitation by natural law was part of the original definition. Sovereignty so defined can usefully justify not only the power of kings and lawmakers but also that of courts trying to control kings and lawmakers. (shrink)

In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of (...) human rights that Miller’s account generates is, however, minimal when compared to those found in human rights documents, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. This article argues that contrary to what Miller claims, his account is ‘sectarian’, since it relies on reasons that some non-liberals should find objectionable given their divergent values. It goes on to question whether ‘sectarianism’, as Miller defines it, is, in any case, a problem for human rights theory. The article concludes that Miller provides us with no reason to abandon commitment to a more extensive list of human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dear White Christians: For Those Still Longing for Racial Reconciliation by Jennifer HarveyMichelle WolffDear White Christians: For Those Still Longing for Racial Reconciliation Jennifer Harvey grand rapids, mi: eerdmans, 2014. 262 pp. $25.00Absent of opaque theory and disembodied ideology, Jennifer Harvey’s Dear White Christians: For Those Still Longing for Racial Reconciliation presents an indispensable introduction to the problem of “whiteness” illustrated with concrete examples from US history. (...) Harvey’s text clearly communicates the trouble with invoking universalism, colorblindness, and most specifically reconciliation as means of improving race relations. Alternatively, in the spirit of the Black Power movement, Harvey suggests that reparations more effectively atone for racism. [End Page 202]Harvey begins with a sympathetic account of churches seeking integration as the logical counter to segregation within the context of midcentury US history. While these approaches align with the ideals of the civil rights movement, Harvey goes on to elucidate the limitations of what she calls a “reconciliation paradigm.” Pointedly, Harvey asserts that reconciliation efforts fail to acknowledge the problem of whiteness (11). She therefore provocatively contends that “to be white is to be in a state of profound moral crisis” (56). This is because white identity has been constituted by violence, consistently benefits materially from that violence, and remains indistinguishable from white supremacy’s agenda (52–55). For this reason, black identity, according to Harvey, is never parallel to white identity. Reconciliation, then, problematically masks such difference via appeals to universalism.Harvey adroitly reorients approaches to problem solving away from white progressive efforts and good intentions by attending instead to African American experience, history, and requests (11–12). For this reason, she prioritizes Black Power movements over civil rights movements (65). The former Harvey understands as properly focusing on power differentials, rather than separation, as the primary issue (106). In so doing, Harvey underscores white folks’ culpability in failing to secure reparations for African Americans.In the final section of her book, Harvey describes specific US churches’ attempts at reparations programs. This section, including some of the most demonstrative and relatable chapters, contains concrete examples that echo the defensiveness, pain, and good will that frequently surface on the part of white folks in conversations about race (228–29). The process of collecting these stories and histories appears to have been nearly as beneficial as Harvey’s proposed reparations program, for history functions as confession here (206). In addition, even these constructive chapters resist an optimistic gloss on the flawed and painstaking work of reparations programs (211).Although Harvey touches on other forms of reparations, she consistently returns to economic efforts as most pressing. While financial and material reparations are immediate and measurable, and therefore consistent with the author’s preference for pragmatism over theory, they obfuscate the pervasive disadvantages that people of color suffer in the United States today. Equal candidates for employment with identical resumes, for example, too frequently experience the bias of gender and race as signified in the candidate’s name. One’s gender performance and sexual identity can exacerbate such discrimination. These gesture at the role of social currency that permeates communal life even more thoroughly than material wealth. This is to say that reparations are an important aspect for “interrupting whiteness,” and yet they cannot be the conclusion to a more just and equitable church and society.Harvey’s extraordinarily accessible text propels conversations on ethical living in classrooms, churches, and politics. Her assessment of the problem [End Page 203] of whiteness and constructive alternative suggestion for reparations efficiently prime readers for open dialogue and practical action.Michelle WolffDuke UniversityCopyright © 2016 Society of Christian Ethics... (shrink)

There is a global shortage of nurses that affects healthcare delivery, which will be exacerbated with the increasing demand for healthcare professionals by the aging population. The growing shortage requires an ethical exploration on the issue of nurse migration. In this article, we discuss how migration respects the autonomy of nurses, increases cultural diversity, and leads to improved patient satisfaction and health outcomes. We also discuss the potential for negative impacts on public health infrastructures, lack of respect for cultural (...) diversity, and ethical concerns related to autonomy and justice, including coercion and discrimination. This analysis is written from a rights-based ethics approach by referring to rights held by nurses and patient populations. Nurse migration highlights conflicts between nurses and between nurses and healthcare systems. Increased awareness of ethical challenges surrounding nurse migration must be addressed to enhance the well-being of nurses and patient populations. (shrink)

When we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses, and to advance global justice. In _Human Rights and the Care of the Self_, Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. Drawing on Foucault's notion of 'care of the self', Lefebvre turns to some of the most (...) celebrated authors and activists in the history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the (...) rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

In this paper, I discuss some of the human rights that are threatened by the impact of global warming and the problem of motivation to comply with the duties of climate justice. I explain in what sense human rights can be violated by climate change and try to show that there are not only moral reasons to address this problem, but also more prudential motives, which I refer to as quasi-moral and non-moral reasons. I also (...) assess some implications of potentially catastrophic impacts driven by this ecological issue. My aim is to locate, by outlining a normative perspective based on sound empirical findings, urgent climate injustices, and explain why well-off citizens in developed countries have strong reasons to avert the potentially massive violation of the rights of present and future victims of climate change. (shrink)

La question de ce petit livre est simple : peut-on aller au-delà du constat de crise et d'impuissance dont le philosophe se fait le prophète depuis plus d'un siècle? Peut-on parler de la science sans complexe d'infériorité, de Dieu sans obscurantisme, d'existence sans tomber dans la banalité du café du commerce, de politique sans consacrer le cynisme, de morale sans faire dans le sermon? Bref, la philosophie peut-elle aider à faire comprendre et à dépasser les apories du temps présent qu'elle (...) a fait siennes, comme un malade ressasse sa propre maladie pour se donner le sentiment qu'ainsi il peut la mettre à distance à défaut de la vaincre? Toutes ces questions sont aujourd'hui les nôtres, et il ne faut pas avoir peur de parler des grands problèmes qui agitent les hommes depuis l'aube des temps, car si la philosophie a un sens, c'est bien en ce qu'elle envisage les questions ultimes dans une plus ou moins grande systématicité selon les époques. (shrink)

MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation (...) of the values of the market to a central social place”Ibid., p. 237. is leading us into “the coming age of barbarism and darkness.”Ibid., p. 244. MacIntyre's grim depiction of the future, which Heidegger calls “the time of the darkening of the earth” and “the flight of the gods”,Heidegger, “What Are Poets For?” in Poetry, Language, Thought. can only be met by re-appropriating our own tradition. Although Aristotle has much to tell us, I believe Heidegger is right to turn to Heraclitus for a non-anthropocentric conception of humanity's place in Nature. Other writers, however, such as Arne Naess, George Sessions, and Stuart Hampshire, argue that the writings of Spinoza may offer the most helpful vision of humanity needed to guide our efforts to find a more appropriate basis for our behavior toward each other and toward the non-human world as well.George Sessions, “Spinoza and Jeffets on Man in Nature,” Inquiry 20 (1977):481–528. Sessions' essay was criticized by Genevieve Lloyd in “Spinoza's Environmental Ethics,” Inquiry 23 (1980):293–311. In reply, Arne Naess wrote “Environmental Ethics and Spinoza's Ethics: Comments on Genevieve Lloyd's Article,” Inquiry 23 (1980):313~ 325. Cf. also Stuart Hampshire, Two Theories of Morality (Oxford: Oxford University Press, 1977). Yet Aristotle, Qark, Heidegger, Heraclitus, Maclntyre, and Spinoza all agree that in order to behave fittingly, we must understand what it means to be human. At this time, I would like to acknowledge the importance of the following objection to what I have been arguing here: While it may be true that the concept of human rights is a fiction, it is nevertheless a very useful fiction for changing how human beings relate to each other. Tom Regan has frequently pointed out that even if the concept of rights proves to be ficticious, it can be helpful in protecting non-human beings from abuse by humans. Cf. his essay “Exploring the Idea of Animal Rights,” Animals' Rights - A Symposium (Sussex and London: Centaur Press Ltd., 1979); Regan, “Animal Rights, Human Wrongs,” Environmental Ethics 2 (1980):99–120. The doctrine of the rights of man justified the American and French revolutions, which brought forth new and important human freedoms. Today, most of humanity still lacks the protection afforded by constitutionally guaranteed human rights. Moreover, even in constitutional democracies there are frequent abuses of and attempts to curtail human rights. Until far more people become committed to protecting human rights, it is unlikely that there will be a big movement to extend rights to non-human beings, much less to overcome the anthropocentrism inherent in the concept of rights. What the Buddhist tradition calls “skillful means” is appropriate in our current situation.My thanks to Professor David Levin of Northwestern University for having reminded me of the importance of approaching the question of human rights in a “skillful” way. We must approach people in a way sensitive to their current self-understanding. Before we can pass on to the stage of planetary unity made possible by non-anthropocentric thinking, we need to find ways that promote mutual respect among human beings.On the topic of the relation between spiritual-psychological growth and the shift in human morality, cf. M.W. Fox, “Animal Rights and Nature Liberation,” in Animals' Rights - A Symposium. Out of such respect there can also arise respect for the non-human as well. While largely in agreement with this point of view, I would like to note that our means must be very skillful, indeed, if we are to transform our relationships to each other and to the natural world before irreparable damage is done to the earth, through nuclear war or environmental destruction. The time grows short for the transformation needed to bring us from the stage of anthropocentrism to a deeper awareness of our internal relationship to the whole world. Some people, such as Peter Russell, argue that we are witnessing the evolution of a non-anthropocentric mode of planetary consciousness that will be supported by the revolution in communications and computers. Peter Russel, The Global Brain: Speculations on the Evolutionary Leap tp Planetary Consciousness (New York: J.P. Tarcher, 1983). Other people, such as Jeremy Rifkin, maintain that the coming computer age promises ever greater intrusions into natural processes, such as the drive for control of genetic structures.Jeremy Rifkin, Algeny (New York: Viking, 1983). In my view, while it is important to extend the idea of human rights wherever possible, it is also crucial that we consider seriously the possibility that the idea of human rights is merely a transitional way of conceiving of morality. As we learn more about the interrelationship of human life with all other aspects of the earth's life, our self-understanding will no longer be in harmony with the human-centered morality we know today. We will either learn to respect all beings and act toward them in appropriate ways, or else we will continue down the road we are now headed - a road which seems to have a very disturbing destination. Learning to dwell appropriately on earth is the most pressing moral issue of the day. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond (...) the state. The article does so in three steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

A collection of provocative, in-depth debates between Jurgen Habermas and a wide range of his critics relating to the philosopher's contribution to legal and democratic theory as published in his book BETWEEN FACTS AND NORMS. Essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly (...) rents). This reform would bring drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based (...) on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics? (shrink)

The question of what is truly just in the matter of a country's currently established human-rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human-rights interpretations are made continuously available to (...) effective, democratic critical re-examination. However, it is not possible ever finally to know whether that condition is satisfied. (shrink)

Purpose This paper is concerned with the place of human rights in the process of technological development but specifically as this process is situated within the corporate-technological complex of modern digital communications and their derivatives. This paper aims to argue that expecting and institutionalizing the incorporation of human rights in the process of technological innovation and production, particularly in the context of global economic actors, constitutes a necessary act if we want to navigate the immediate (...) future of artificial intelligence and ubiquitous connectivity in ways that protect democracy and human dignity. Design/methodology/approach The discussion presents the case for defending human rights through a social control perspective, which assumes the conscious quest for impacting change and cartographing a path of actions and intentions. The authors approach the problem from James Ralph Beniger’s theory of the Control Revolution to explain the emergence of a new social order and to outline the main challenges brought particularly by media and information and communication technology corporations as global actors of power. Findings Ethics initiatives, considering human rights as an ethical framework for media and ICT businesses, can be based on social control perspectives to regard the more complex variables interacting in the formation of effective policy making. It is the right to participate in the construction of knowledge in society and, informed by this knowledge, help manage or control democratic issues, including influencing on the regulation of technology and other cultural formats of control. Knowing social control tools enable citizens to lead their destinies, plan their freedom and the change what they wish in the societies they live in. Originality/value Social control is often understood as a term taken for granted and many times faced as representing malignant and anti-democratic forms. Here, the authors try to build a theoretical ground where both sides – the benign and the malignant – can be taken in consideration to bring awareness to the need to discuss social control as a democratic endeavor, and consider human rights as part of this and not something apart and idealized. The practice of human rights is directly associated with social control forms and is from within these practices individuals must understand its role on social control and act. (shrink)

This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, (...) and poverty. (shrink)

Ever since 2001, when China was selected host of the 2008 Olympics, this choice was challenged by an array of controversies, mostly focusing on the human rights issues. These critical evaluations were answered by measures of Chinese authorities: from the 2003 constitutional amendment to the justifications made by referring to the “Asian values” and introduction of Hu Jintao’s program of the “harmonious society”. The paper focuses mainly on the intercultural aspects of the debate on the status (...) of human rights in China. Firstly, an analysis explores the main issues and compares different ways in which they were assessed in China and abroad. Secondly, the discrepancies of these assessments are analyzed through two main frameworks: the doctrine of the universal human rights, and the doctrine of harmonious society, based on the Confucian worldview. Finally, the current debates on the issues of human rights are examined through the intercultural juxtaposition of these two frameworks and possibilities of the dialogue between the two are assessed. (shrink)

This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the (...) individuation of the right to health is fixed by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations—including the promotion of health-related global public goods—should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria. (shrink)

It is now commonplace in many jurisdictions for judges to refer to the decisions of the courts of foreign jurisdictions when interpreting domestic human rights guarantees. But there has also been a persistent undercurrent of scepticism about this trend, and the emergence of a growing debate about its appropriateness. This issue is of particular relevance in jurisdictions that have relatively recently incorporated human rights provisions that are significantly judicially enforced. In the UK, a reconsideration of the (...) use of comparative judicial decisions in human rights cases is therefore particularly timely. The interpretation of the Human Rights Act 1998 will bring with it the issue of how far British courts will (and/or should) use jurisprudence from other countries in order to help in arriving at decisions on the interpretation of the Act. This article raises for debate, therefore, the meaning and significance of national judges» citation of judgments from other jurisdictions as part of their reasoning in cases with a significant human (or constitutional) rights aspect. Several questions are identified and explored in an attempt to consider various aspects of the general phenomenon. These include empirical questions (how far does it happen, and where?), jurisprudential questions (can we identify criteria that help explain why it does or does not happen?), and normative questions (is it legitimate?). A review of the existing literature is undertaken with a view to determining how far scholars have succeeded in answering these questions. The article concludes that significant gaps exist in our understanding of the phenomenon and raises for discussion the methodologies that may be appropriate for addressing the phenomenon in the future. (shrink)

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II (...) assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory. (shrink)

The debates on the scientificity of social sciences in general, and sociology in particular, are recurring. From the original methodenstreitat the end the 19th Century to the contemporary controversy on the legitimacy of “regional epistemologies”, a same set of interrogations reappears. Are social sciences really scientific? And if so, are they sciences like other sciences? How should we conceive “research programs” Lakatos (1978) or “research traditions” for Laudan (1977) able to produce advancement of knowledge in the field of social and (...) human phenomena? Is the progress of knowledge in social sciences similar to the one generally observed in natural sciences? Is it possible to evaluate the relative merits of each one of these research programs? -/- These debates are important vectors of social and intellectual polarization. The historical divide between the positivist and the hermeneutics poles precedes the structure of the contemporary debate around the epistemic space of social sciences, It is not only a question of renewing the opposition between a monist view of sciences (e.g. McIntyre, 1996) and a dualistic one (e.g. Geertz, 1973) or even a trialist view of sciences (e.g. Lepenies, 1985). It is also a question of asserting dichotomies transformed into framework (including when it is a question of exceeding them): nature-culture, nomothetic-idiographic, models-narrative, structure-history, cause-reason, explanation-comprehension. -/- In this short introduction, we provide, in section 2, a first overview of this epistemological debate in social science. Section 3 proposes a different standpoint on the same questions, by introducing both ontological and methodological aspects in this basic epistemological debate. Namely, following (Hollis, 1994) oppositions of the explanation - understanding, causes - meaning, etc., types discussed in the firsts ection are comparatively examined together with oppositions of the structure - action, holism - individualism types. This allows us to discus show multi-agent design, by integrating various dimensions and standpoints in the same framework (Phan, Amblard, 2007, Chapters 1, 5, 14) can help us to shift these boundaries, and to bypass these oppositions. As model building and ontology design are at the core of this process (Phan, Amblard, 2007, Chapter 12), Section4 discusses various issues of the art of modelling, starting both from economists’ and sociologists’ current standpoints. (shrink)

"Kevin Hart and Geoffrey H. Hartman bring together essays by prominent scholars from a range of disciplines to focus on Blanchot's diverse concerns: literature, art, community, politics, ethics, spirituality, and the Holocaust."--Jacket.

The origin and justification of human rights, whether anchored in biological theory, natural law theory, or interests theory, as well as their cultural specificity and actual value as international legal instruments are subject to ongoing lively debates. As theoretical and rhetorical discourses challenge and enrich current understanding of the value of human rights and their relevance to democratic governance, they have found their way into public health in recent decades and play today an (...) increasing role in the shaping of health policies, programs and practice. Human rights define the obligations of states to their people and towards each other, create grounds for governmental accountability and inspire recognition of, and action on, factors influencing people’s attainment of the highest possible standard of health. This article highlights the evolution that has brought health and human rights together in mutually reinforcing ways. It draws from the experience gained in the global response to HIV/AIDS, summarizes key dimensions of public health and of human rights and suggests a manner in which these dimensions intersect in a framework for analysis and action. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the (...) humanities and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law and medicine, (...) truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)

By drawing on hermeneutico-dialogical principles, the approach developed here seeks to advance the global implementation of a viable human rights regime in a manner commensurate with the preservation of culture-specific differences. To this end, the present article undertakes to elucidate the conditions under which the ongoing intercultural debate about rights might yield a more productive outcome through fostering the implementation of the international human rights regime in a manner that can do justice to core (...) intra-cultural beliefs, values and practices. Chief among these are: a commitment to moving beyond universalism and relativism as polarized alternatives; endorsement of the comparable validity and dialogical equality of established traditions and cultures; valorization of mutual understanding and learning as the regulative orientation most conducive to yielding potentially transformative advances across cultures in the theory and practice of human rights; and acknowledgment of the need for both external and internal accountability. As contended throughout, these conditions apply equally both to modernist and to traditionalist cultures and call, correspondingly, for a rethinking of entrenched presuppositions in both domains. In defending these conditions, the dialogical approach poses a severe challenge to core presuppositions of the strong universalist stance, as endorsed by some prominent contributors to the contemporary debate about the cross-cultural implementation of human rights. Key Words: culture • dialogue • Hans-Georg Gadamer • Jürgen Habermas • hermeneutics • human rights • relativism • universalis. (shrink)

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

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human (...) rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

This paper discusses the concept of “human disenhancement”, i.e. the worsening of human individual abilities and expectations through technology. The goal is provoking ethical reflection on technological innovation outside the biomedical realm, in particular the substitution of human work with computer-driven automation. According to some widely accepted economic theories, automatization and computerization are responsible for the disappearance of many middle-class jobs. I argue that, if that is the case, a technological innovation can be a cause of “ (...) class='Hi'>human disenhancement”, globally, and all things considered, even when the local and immediate effect of that technology is to increase the demand of more sophisticated human skills than the ones they substitute. The conclusion is that current innovations in the ICT sector are objectionable from a moral point of view, because they disenhance more people than they enhance. (shrink)

Allen Buchanan holds that nations do not have a general primary unilateral right to secede. However, nations could legitimately secede if there were a special right to do so, if it were the result of negotiations and, more importantly, if some previous injustice had to be repaired. According to Buchanan, the three kinds of injustice that allow for unilateral secession are: violation of human rights, unjust annexation of territories, and systematic violations of previous agreements on self-government. I agree (...) that nations only have a general remedial right to unilateral secession. But I argue that nations also have a general primary right to self-determination not held by other cultural groups. In virtue of this general primary right, nations also have a primary right to internal self-determination. I will then argue that the "past injustices" should include a failure to comply with internal self-determination. I also want to show that this alternative version of the Remedial Right Only theory meets the constraints, imposed by Buchanan himself, upon any satisfactory institutionalization of the principles governing secession. In the end, it will appear that my own version fares much better than Buchanan's in meeting these constraints. (shrink)

One of Fichte's most important ideas - that nature can place limits on our ability to govern ourselves, and that anyone who values autonomy is thereby committed to the value of basic research and of the development of autonomy-enhancing technologies - has received little attention in the interpretative literature on Fichte, and has little currency in contemporary ethics. This volume aims to address both deficits. Beginning from a reconstruction of Fichte's theory of rational agency, this volume examines his arguments (...) for the thesis that rational agency must have two constitutive ends: substantive and formal independence. It argues for a novel interpretation of Fichte's conception of substantive independence, and shows how Fichte's account of moral duties is derived from the end of substantive independence on that conception. It also argues for a new interpretation of Fichte's conception of formal independence, and explains why the usual understanding of this end as providing direct guidance for action must be mistaken. It encompasses a systematic reconstruction of Fichte's first-order claims in normative ethics and the philosophy of right. (shrink)

The development of an ethical perspective of HRM that is both employee centered and explicitly normative and, as such, distinct from dominant and criticalperspectives of HRM has progressed in recent years. Reliance on the traditional “threesome” of rights/justice theories, deontology and consequentialism, however, has limited debate to micro-level issues and the search for a “solution.” By understanding the employment relationship as a stakeholder relationship, we open the ethical analysis of HRM to the pluralism and pragmatism that stakeholder theory (...) has to offer. In doing this, we can address both the broader need for HRM to offer a more comprehensive account of our humanity and the specific requisite for HRM to treat employees as moral persons with “names and faces.”. (shrink)

The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. _The Longest Night _presents a lively and informed reaction to the legal aftermath of the election by the most prominent (...) experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future._ _The Longest Night _contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in _Bush v. Gore, _American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. _Contributors__. (shrink)