ABSTRACTThe jus ad bellum criterion of right intention is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just (...) only if it plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, wh... (shrink)

This essay responds to the argument that US interest in Kuwaiti oil made its war against Iraq fail the just-war criterion of right intention. That argument is based on a misunderstanding of the criterion, namely, that right intention requires not merely the presence of a concern for justice but the absence of any other (especially self-interested) motives. Correction of this misunderstanding is important to application of the just-war theory to the general question of intervention in foreign (...) wars. (shrink)

It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one (...) central understanding of) the criterion and uses it to examine arguments that have been offered for the strong negative claims above. It is shown that none of these arguments succeed. Our endeavor brings welcome clarity and understanding to our own ideas about the criterion. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against (...) anyway. This account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

According to just war theory, a resort to war is justified only if it satisfies the right intention condition. This article offers a critical examination of this condition, defending the thesis that, despite its venerable history as part of the just war tradition, it ought to be jettisoned. When properly understood, it turns out to be an unnecessary element of jus ad bellum, adding nothing essential to our assessments of the justice of armed conflict.

It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one (...) central understanding of) the criterion and uses it to examine arguments that have been offered for the strong negative claims above. It is shown that none of these arguments succeed. Our endeavor brings welcome clarity and understanding to our own ideas about the criterion. (shrink)

This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and (...) if it cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)

In a recent article Duncan Purves, Ryan Jenkins, and B. J. Strawser argue that in order for a decision in war to be just, or indeed the decision to resort to war to be just, it must be the case that the decision is made for the right reasons. Furthermore, they argue that this requirement holds regardless of how much good is produced by said action. In this essay I argue that their argument is flawed, in that it mistakes (...) what makes an agent morally good for what makes an act morally good. I argue that the main thrust of Purves et al.’s argument in fact undermines the conclusion they wish to draw, and that the reasons for one’s action do not make an in principle difference to the morality of actions in war. I further argue that this position undermines the traditional ad bellum just war constraint of right intention, and that the morality of actions in war is, at core, only concerned with outcomes. I conclude by clarifying that one’s reasons for action do in fact matter when deciding to enter war or kill in war, but only because one’s reasons significantly impact the way in which one acts. The purpose of this paper is to clear the theoretical space by showing why intentions/reasons do not in principle matter when assessing the morality of war (or killing), but this should not be taken as an argument that we should ignore intentions/reasons altogether. (shrink)

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an (...) alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification. (shrink)

Most philosophical defences of the state’s right to exclude immigrants derive their strength from the normative importance of self-determination. If nation-states are taken to be the political institutions of a people, then the state’s right to exclude is the people’s right to exclude – and a denial of this right constitutes an abridgement of self-determination. In this paper, I argue that this view of self-determination does not cohere with a group-agency view of nation-states. On the group-agency (...) view that I defend, a nation-state is the kind of group-agent that does not supervene on the intentionality of member/citizens. If we think that a nation-state is an intentional group-agent in its own right, then we should think that self-determination resides with the institutions of the state rather than with the citizens. If nation-states do not supervene on the intentionality of citizens, then it is unclear why citizens might have the right to control membership in the state as a feature of self-determination. (shrink)

In this paper I argue against Fried’s thesis that a wrong must be intended by the violator in order for a person’s negative rights to be violated. With Fried’s requirement these rights become in a sense derivative from wrongs. This makes the relation between one’s negative rights and one’s moral integrity, upon which Fried wants to base rights, indirect and inappropriately weak. If rights are based on one’s status as a freely choosing, rational, moral personality, then whether one’s rights are (...) violated should be determined by inspecting one’s own loss of integrity or function, not by examining the assailant’s intentions. (shrink)

I argue in this essay that belief/desire explanations are not logically true and not causal, and further that the antecedent of a true belief/desire conditional cannot be strengthened in such a way as to transform it into a true causal statement. I also argue that belief/desire explanations are not dispensable: they are presupposed in our justifications of scientific claims. The proposal is not that psychological determinism is false, but that some at least of our activities are not describable in causal (...) terms. These arguments prepare the ground for a puzzle. If all human intentional behaviour is caused, then all actual linkages between psychological states and behaviour should be expressed in causal statements. But neither the action of asserting a causal statement nor the action of justifying the assertion can be described as the result of a cause. Therefore if one accepts that scientific claims can be justified, not all linkages between psychological states and subsequent action are expressible in causal statements. I do not offer a solution to this puzzle. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is (...) argued that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

The paper discusses Hegel’s conception of intentional action. Drawing principally on Hegel’s analysis of the determinations and rights of action in the Morality chapter of the Philosophy of Right, I suggest that Hegel is committed to a corrigibilist view of action, according to which intentions are definitive of action, objective, and publicly accessible, in principle, via ex post facto corrective interpretation. I conclude by commenting briefly on the place of Hegel’s conception of action in the broader action-theoretic landscape.

Abstract Right intention is one of the staple criteria of traditional just war theory. In classical terms, right intention is met when a belligerent aims to achieve a just and peaceful order. I will address the problem of determining when a belligerent has satisfied the criterion of right intention. I will argue that right intention is determined by observing a belligerent's acts during and after a conflict. Intention is not merely a (...) private mental act known ultimately only by the people who express the intentions of their governments. Rather, right intention is a communal, public act, for the observable circumstances are how intention is determined. I will demonstrate the effectiveness of this way of determining intention by concentrating on the stated intentions of the Allies before World War II and of the U.S. before the First and Second Gulf Wars. The goal of the paper is to demonstrate that the international community can check a belligerent's stated intentions both while the war is in progress and after the war has ended. I will argue that how well a belligerent conforms to the jus in bello and, when appropriate, to the jus post bellum, provide the international community with much of the information it needs to determine whether or not right intention has been met. (shrink)

In its recent review of the US Public Health Service Sexually Transmitted Disease Inoculation Study, conducted in Guatemala from 1946 to 1948, the Presidential Commission for the Study of Bioethical Issues identified a number of egregious ethical violations, but failed to adequately address issues associated with the intentional exposure research design in particular. As a result, a common public misconception that the study was wrong because researchers purposefully infected their subjects has been left standing. In fact, human subjects have been (...) exposed to disease pathogens for experimental purposes for centuries, and this study design remains an important scientific tool today. It shares key features with other types of widely accepted research on human subjects and can be conducted ethically, provided certain safeguards are implemented. That these safeguards were not implemented in Guatemala is what made that study wrong, rather than the fact of intentional exposure itself. To preserve public trust in the clinical research enterprise, this conclusion ought to be stated explicitly and emphasised. (shrink)

Four experiments examined people’s folk-psychological concept of intentional action. The chief question was whether or not _evaluative _considerations — considerations of good and bad, right and wrong, praise and blame — played any role in that concept. The results indicated that the moral qualities of a behavior strongly influence people’s judgements as to whether or not that behavior should be considered ‘intentional.’ After eliminating a number of alternative explanations, the author concludes that this effect is best explained by the (...) hypothesis that evaluative considerations do play some role in people’s concept of intentional action.<b> </b>. (shrink)

This book represents a unique contribution to the study of ethics: an introductory textbook that is designed to be very readable while at the same time being deeply philosophical. It leads the reader on an exploration of the major approaches to ethics that have developed in the Western philosophical tradition: Ethical Relativism, Virtue Ethics, Natural Law Ethics, Ethical Egoism, Utilitarianism, Duty Ethics, Social Contract Theory, and Divine Command Theory. It discusses the chief strengths and weaknesses of each and opts for (...) a modified Divine Command Theory while retaining the useful elements of each of the other theories. Written in a clear and engaging fashion, Moral Reasoning seeks to lead the reader to a more methodological approach to making moral decisions. To this end it employs a number of special pedagogical tools such as beginning each chapter with a summary of the contents, highlighting key terms in bold text, and closing each chapter with a list of key terms and suggestions for additional reading. Each chapter also contains illustrations that help the reader to visually connect with the material presented in that chapter. (shrink)

Recently philosophers have proposed a wide variety of interventions referred to as ‘moral enhancements’. Some of these interventions are concerned with helping individuals make more informed decisions; others, however, are designed to compel people to act as the intervener sees fit. Somewhere between these two extremes lie interventions designed to direct an agent's attention either towards morally relevant issues – hat-hanging – or away from temptations to do wrong – hat-hiding. I argue that these interventions fail to constitute genuine moral (...) enhancement because, although they may result in more desirable outcomes – more altruism, more law-following, and/or less self-destructive behavior, they ignore a person's intentions, and often what makes an action right or wrong is the intent behind it. (shrink)

Intention plays a central role in coordinating action. It does so, it is commonly thought, by allowing one to plan further actions for the future on the basis of the belief that it will be executed. Doxasticists about intention (Harman, Velleman) conclude from this that accounting for this role of intention requires accepting the thesis that intention involves belief. Conativists (Bratman, Brunero, Mele) reject that conclusion. I argue that Doxasticists are right in calling attention to (...) the existence of a cognitive aspect to intention-based coordination, but that such an aspect is better understood in terms of the attitude of reliance than of belief. I also argue that an appeal to reliance affords Conativists with useful resources for explaining that aspect of intention-based coordination in a way that is compatible with their rejection of the aforementioned thesis. (shrink)

In earlier work, I relied on a commonly-held view about the relationship between the concept of acting intentionally and the concept of performing a behavior in order to achieve a goal. Eric Wiland responds that it was actually a mistake to rely on this view and that the relationship between these concepts is far more complex than was previously thought. I now think that Wiland may be right to reject my earlier approach, and I therefore provide additional empirical support (...) for his basic claim. 2012 APA, all rights reserved). (shrink)

Background: Human rights are an important part of nursing care, and nurses deal with human rights matter daily. Despite their relevance and acknowledgement of their importance, human rights issues remain limited in nursing education. Aim: The study’s aim was to describe how human rights education has been addressed in nursing education. Method: A scoping review was conducted according to the Preferred Reporting Items for Scoping reviews (PRISMA-ScR) and Joanna Briggs Institute (JBI) recommendations. The search was conducted in March 2023, with (...) an updated search in February 2024. We searched in the following databases provided by EBSCO: Academic Search Elite, CINAHL, Education Source, ERIC, ScienceDirect and MEDLINE. Additionally, we also searched in Embase via Ovia and Scopus. The papers were screened for eligibility by title, abstract and full text independently by at least two reviewers, and the whole research team was involved in this process. Ethical considerations: The scoping review was guided by ethical conduct and scientific guidelines. Findings: Nine papers matched the inclusion criteria. Three thematic groups were identified: (a) focus of human rights education, (b) the learning design of the coursework and (c) learning outcomes in human rights education. Conclusion: Human rights education can benefit from being tailored to the students’ experiences and including voices from the rights-holders. Bringing in the students’ experiences and rights-holders’ voices can enable self-reflection and discussion regarding human rights concerns. Hence, if the intention is to support nursing students to develop an awareness and act upon human rights concerns, the curriculum ought to include opportunities for reflection and discussion around human rights concerns and experiences in the students’ own context. (shrink)

Brian Loar [1976] observed that communicative success with singular terms requires more than correct referent assignment. For communicative success to be achieved, the audience must assign the right referent in the right way. Loar, and others since, took this to motivate Fregean accounts of the semantics of singular terms. Ray Buchanan [2014] has recently responded, maintaining that, although Loar is correct to claim that communicative success with singular terms requires more than correct referent assignment, this is compatible with (...) direct reference approaches, as long as one also endorses an independently motivated Gricean view of communicative intentions. This paper argues that Buchanan's Gricean view cannot account for the full range of Loar cases. In doing so, it aims to explicate the structure of Loar's cases and thus to clarify the conditions that a theory must meet in order to adequately meet his challenge. (shrink)

The right to withdraw from research without penalty is well established around the world. However, it has been challenged in some corners of bioethics based on concerns about various harms—to participants, to scientific integrity, and to research bystanders—that may stem from withdrawal. These concerns have become particularly salient in emerging debates about the ethics of controlled human infection (CHI) studies in which participants are intentionally infected with pathogens, often in inpatient settings with extensive follow‐up. In this article, I provide (...) support for preserving the right to withdraw from research without penalty and demonstrate that it is also typically justified in the specific context of CHI studies. The right is well aligned with individual freedoms outside the research setting, where autonomous individuals are permitted to engage in behaviors that will foreseeably cause them harm; where they cannot be compelled to satisfy contracts for their services, nor penalized for failure to do so; and where their behavior is not constrained by public health authorities except in extreme circumstances. These freedoms are supported by U.S. law, as well as by ethical analysis that is more globally relevant. The problems associated with the right to withdraw, however, remain. The best approach to addressing them is not to restrict the right but rather to avoid initiating research when withdrawal would be especially problematic. If research proceeds, steps can still be taken to minimize participant withdrawal without infringing the right. Investigators can avoid participant surprise through informed consent focused on a study’s most burdensome aspects and promote study completion through financial incentives. Should participants nonetheless seek to withdraw, investigators may attempt to persuade them not to do so by encouraging consideration of the range of potential harms that may result. Researchers conducting CHI studies and other research from which withdrawal might be especially problematic should prepare for the possibility of participant withdrawal, respect participant requests to withdraw without penalty, and incorporate various measures to avoid such requests. (shrink)

PurposeThis paper presumes that a public policy document must aim at protecting human rights. The question being raised is- what kind of moral reasoning or grounding can we afford to the idea that human rights are important for the whole framework of public policy. The paper aims at looking at the moral and political philosophy of Immanuel Kant as we find it in his Groundwork of the Metaphysics of Morals and the Metaphysics of Morals for providing this background.MethodThe paper provides (...) an exegetical account of some of the key concepts in Kant’s moral philosophy and the application of these in socio-political contexts.Result and DiscussionThe processes involved in the framing of the document, the document itself, as well as the persons framing the document must aspire to respect and protect human rights. The implication itself rests on the principle that a moral end cannot be achieved by immoral means and protecting human rights is a moral end that all societies must seek to achieve. Hence not only the end, which in this case is the policy document itself, but the means, i.e., the processes of framing the documents and intentions of those responsible and accountable for it, must also be moral. (shrink)

In 2016, France passed a major law that is unique in giving terminally ill and suffering patients the right to the controversial procedure of continuous deep sedation until death (CDS). In so doing, the law identifies CDS as a sui generis clinical practice, distinct from other forms of palliative sedation therapy, as well as from euthanasia. As such, it reconfigures the ethical debate over CDS in interesting ways. This paper addresses one aspect of this reconfiguration and its implications for (...) the intentions at work in this complex time at the end of life. The concept of intention is often considered central to the ethics of end-of-life care, but its role is recognized to be problematic, with charges of elusiveness and ambiguity. I aim to show that consideration of the French law affords a new understanding of the intentionality of CDS, and that in addition to the obvious importance of this for clarifying the ethics of the practice, it may suggest new ways of addressing the wider problem of ambiguous clinical intentions at end of life. (shrink)

In Davidson's example of causal deviancy, a climber knows that he can save himself from plummeting to his death by letting go of a rope connecting him to a companion who has lost his footing, but the thought of the contemplated act so upsets him that he lets go unintentionally. Causation of behavior by intentional states that rationalize it is not enough for it to count as acting. Therefore, the behavior must be caused in 'the right way' or by (...) the Right Kind of Cause. The immediate cause in Davidson's and other examples of causal immediacy is the agent's awareness or contemplation of what he or she is intending or thinking of doing, which is either caused by, or implicit in the agent's awareness of, his or her intentions or beliefs and desires. I argue that RKC can only be a mechanism-the Will-whose operation we are not directly aware of, but only indirectly once the action is underway. (shrink)

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables (...) access to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (shrink)

The aim of this pilot study was to develop a realistic clinical case for identifying Knobe's asymmetric effect, ie, the tendency to ascribe intentions to a larger extent when an act is considered wrong, as well as to compare medical students at the beginning and end of their curriculum. A vignette about a critically ill 72-year-old patient in need of an operation was used, with two different outcomes: the patient dies or the patient recovers. Approximately half of the students received (...) the ‘recovery case’ and half the ‘death case’. The questions asked were whether it was right to perform the risky operation and whether the head of the clinic brought about the patient's death/recovery intentionally. Among students in their first term an asymmetry in response pattern was identified. This asymmetry was not found among students in their final term. The difference between term 1 and term 11 students is believed to be due to the socialisation of medical students towards clinical reasoning regarding the moral role of intentions. Although no Knobe effect could be detected among term 11 students, a related adaptation effect was detected, indicating that students at the end of their medical school also tend to adapt their ascription of intentions to their moral evaluation of the act. By using clinically relevant cases a new effect has thus been identified that might be useful when investigating experienced clinicians and their views on intentions. The cases and effect merit further investigation. (shrink)

Experimental studies investigating the contribution of conscious intention to the generation of a sense of agency for one’s own actions tend to rely upon a narrow definition of intention. Often it is operationalized as the conscious sensation of wanting to move right before movement. Existing results and discussion are therefore missing crucial aspects of intentions, namely intention as the conscious sensation of wanting to move in advance of the movement. In the present experiment we used an (...) intentional binding paradigm, in which we distinguished between immediate intention, as usually investigated, and longer standing intention. The results showed that the binding effect was significantly enhanced for distal intentions compared to proximal intentions, indicating that the former leads to stronger sense of agency. Our finding provides empirical support for a crucial distinction between at least two types of intention when addressing the efficacy of conscious intentions. (shrink)

Excerpt from Right Living: Lessons in Ethics for Schools Human experience has shown the value of right living, also, the disaster that follows wrong living. It has been clearly demonstrated, again and again, that the basis of symmetrical life is character, first, last, and always, and good character comes only from a right use of life, and a correct understanding of its duties. Emerson says Character is the most valuable pos session and acquisition of life. Higher than (...) intellect, and a great soul will be strong to live, as well as to think. Moral stature is acquired by an inward growth or development of character. Aided by such precepts and examples as we have been fortunate enough. To obtain, through the ministrations of others, and by our own efforts and observations. The value accorded to an acknowledged weight of exemplary character is illustrated in a letter from President Adams to George Washington, then a private citizen in retirement at Mount Vernon, when in 1798 war was imminent with France We must have your name if you will permit us to use it. There will be more efficacy in it than in many an army. Good citizenship is the aim and object of public school teaching, and is a positive demand of the State. It is the endeavor to do something toward meeting thisdemand by bringing to the young people in our public schools the incentives to high character and noble living by kindly advice and admonition, strengthened by numerous examples and anecdotes from the lives of those whom the world has delighted to honor, that this book has been prepared. If it shall have served this purpose in any degree, the author's object will have been attained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In the debate on conscientious objection in healthcare, proponents of conscience rights often point to the imperative to protect the health professional’s moral integrity. Their opponents hold that the moral integrity argument alone can at most justify accommodation of conscientious objectors as a “moral courtesy”, as the argument is insufficient to establish a general moral right to accommodation, let alone a legal right. This text draws on political philosophy in order to argue for a legal right to (...) accommodation. The moral integrity arguments should be supplemented by the requirement to protect minority rights in liberal democracies. Citizens have a right to live in accordance with their fundamental moral convictions, and a right to equal access to employment. However, this right should not be unconditional, as that would unduly infringe on the rights of other citizens. The right must be limited to cases where the moral basis is more fundamental in a sense that all reasonable citizens in a liberal democracy should accept, such as the constitutive role of the inviolability of human life in liberal democracies. There should be a legal, yet circumscribed, right to accommodation for conscientious objectors refusing to provide healthcare services that they reasonably consider to involve the intentional killing of a human being. (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have the (...) power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

We should not investigate facts by the light of arguments, but arguments by the light of facts.Myson of Chen, one of the Seven Sages ca. 600 B.C.To settle scores as well as problems, to shake things up, to make people think about what they said and wrote, to be provocative without being unjust...Kingsley AmisIn their critique of Wisconsin's revised child protection Statute, Kenneth De Ville and Loretta Kopelman argue rightly that “words matter.” Word mongering infects most political dialogue and is (...) nowhere more virulent than in the American abortion debate. Dichotomies such as “ unborn child” and “fetus,” expectant mother” and “pregnant woman,” “anti-choice’’ and “pro-choice,” “pregnancy termination” and “murder” symbolize the polarity of the abortion argument and the importance of language as a powerful conceptual weapon. The debate over reproductive rights is a war often fought on a linguistic battlefield. There, combatants forgo rules of engagement. Mal-intentioned illiteracy, ranging from the puerile to the vituperative, is always strategic. (shrink)

Thomas Hurka derives rights to punish from what I will term the Libertarian Rights Principle, which is “that there is really only one natural right, namely the equal right of all persons to the most extensive liberty compatible with a like liberty for other persons, and that all other natural rights are species or instances of the right to liberty.” These rights to punish, he says, extend only to punishing violators of rights, never to “punishing” the innocent; (...) extend only to punishing for violations pursuant to intentions publicly announced prior to these violations; are subject to the “upper limit qualification” that a permissible punishment for the violation of a right cannot be an act that would violate a more important right ; and are subject to the “minimum necessary qualification” that a punishment p for violating a right r is not permissible if a punishment p' that would, were it permitted, violate a less important right than would p, would protect r as effectively as would p. (shrink)

Electoral support for right-wing populist parties is typically explained either by economic deprivation or cultural grievances. Attempting to bring economic and cultural explanations together, recent approaches have suggested to conceptualize right-wing populist support as a problem of social integration. Applying this perspective to the German case, this article investigates whether weak subjective social integration-or subjective social marginalization, respectively-is associated with the intention to vote for the AfD. Furthermore, it asks whether the strength of this association varies across (...) income groups. Based on original survey data from 2017, the results show that indicators of weak subjective social integration-feeling socially excluded, being anxious about one’s status, and distrusting others-increase the likelihood of voting for the AfD. Moreover, weak subjective social integration increases right-wing party support particularly among the middle-class. Thus, next to fears of downward mobility, feelings of subjective social marginalization emerge as a pathway to right-wing populism for the middle-class. (shrink)

This paper discusses the novel versions of the right intention and proportionality conditions in the ius ad bellum proposed in Chapter 3 of Frances Kamm’s Ethics for Enemies. It argues that Kamm is right to weaken the right intention condition to require, not positively intending a war’s just cause, but only having that cause’s presence be a necessary condition for war, but wrong to place no limits on why one makes a just cause necessary. It (...) then argues that the weakening she proposes of Jeff McMahan’s very strict interpretation of proportionality does not go far enough. She argues that “conditional just aims” such as disarming an aggressor and deterring future aggression can count toward a war’s proportionality only if they will follow from harms needed to achieve the war’s initial just cause but not if they require additional harms. The paper argues that such aims can justify additional harms. (shrink)

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements (...) or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the “intending mother,” and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms. (shrink)

“Benefit to the world” and “Heaven’s intent” are not, as is often assumed, separate criteria for action in Mozi’s 墨子 ethics; they are the same in extension but not intension. When Mozi speaks in terms of “Heaven’s intent,” it is to highlight the criterion’s retrospective orientation and its scope; taking a cue from Heaven’s reactions to past deeds, agents specify the scope of “the world” by reference to the past performance of persons regarding benefit to the world. This diverges from (...) a principle that is often attributed to Mozi, of considering the benefit of all equally without regard for past performance. (shrink)

The words ―Rights,‖ ―Trust,‖ ―Human Dignity,‖ and even ―Government‖ have widely varying meanings and connotations, differing across time, languages and cultures. Concepts of rights, trust, and human dignity have been examined for centuries in great depth by ethicists and other philosophers and by religious think-ers, and more recently by social scientists and, especially as related to information, by information scientists. Similarly, discussions of government are well documented in writings back to Plato and Aristotle, with investi-gations of electronic government dating back (...) only to the early 1990s with the advent of the Internet and the World Wide Web. At first e-government was described in glowing, positive terms. Little, if any, attention was paid to two critical questions: 1) Will people trust e-government? and 2) How will cultural differences affect individuals‘ trust in government and their perceptions of govern-ment‘s effect of their human dignity? Examinations of trust and distrust by individuals within organizations have addressed questions of motives and intentions, expectations of behavior, protection of interests, confi-dence in accuracy and reliability of information, vulnerability, and reciprocity, among other complex topics. Establishing e-government services often requires going through several phases: 1) publish , 2) interact transact transform . Building and maintaining trust in e-government require developing an understanding both of the many levels of interactions where trust must be earned and of cultural differences. Another challenge in developing such a framework is that e-government, itself, is very dynamic, changing rapidly over time. Trust in content or a system available one day may not carry over when the content and/or system changes dramatically. Components of a framework must include the follow-ing dimensions: conceptual domains, cultural dimensions, information content dimensions, and system di-mensions. Of course, these dimensions must be considered within the context of rapidly changing govern-ments, ICT services, the digital divide, and other factors. This paper provides a very brief overview of some of the notions of trust and distrust, concentrating on those concerning trust as it relates to notions of power, trust in organizations, and trust in information and information systems as one part of a framework to ad-dress the question of trust in e-government. It also makes a few recommendations for how to build citizen-centric e-government to ensure information rights through a focus on human dignity, fundamental human rights, and earning trust. (shrink)

This paper was first presented at the Annual Meeting of the American Society of Christian Ethics, Toronto School of Theology, Toronto, Ontario in January 1977. Robert Shelton aims to focus on the concept of 'right to health care,' its related principle, 'distributive justice' in an attempt to suggest 'where we are' at present and where we perhaps ought to be heading. The paper is divided into three parts, which in their turn explore the moral grounds, the US general public's (...) policy and the part justice and government are likely to play in the development and distribution of health care. He concludes by highlighting 'omissions', an intentional one of his own and the other a major gap in the literature. (shrink)

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably disintegrating, displaying (...) signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with. (shrink)

This paper is a critical response to Mark Schroeder’s recent “The Ubiquity of State-Given Reasons.” In this essay, Schroeder claims that it is possible for a right-kind reason to bear on an intention without that reason bearing on the object of the intention. I examine Schroeder’s central argument for this claim and conclude that it does not deliver the result Schroeder desires. My critique turns on explicating and extending some of G. E. M. Anscombe’s remarks in (...) class='Hi'>Intention on the structure of practical reasoning. (shrink)

The non‐identity problem is the problem of grounding moral wrongdoing in cases in which an action affects who will exist in the future. Consider a woman who intentionally conceives while on medication that is harmful for a fetus. If the resulting child is disabled as a result of the medication, what makes the woman's action morally wrong? I argue that an explanation in terms of harmful rights violations fails, and I focus on Peter Markie's recent rights‐based defense. Markie's analysis rests (...) on the notion of an indirect harm, and I show that the calculation of an indirect harm relies on an improper baseline for the determination of whether or not an action adversely affects a patient's interests. I also defend an impersonal duty‐based analysis of the wrongdoing in non‐identity cases against an objection by Markie. I close by arguing that the rights‐based analysis is insensitive to context and that context is morally relevant in the determination of the moral valence of actions in cases of non‐identity. This failure provides a pro tanto reason to favor an impersonal duty‐based analysis of the wrongdoing in non‐identity cases. (shrink)

ExcerptThe following essay is an investigation into the nature of the contract, the way in which the contract indexes “right” and equality, and the textual and historical expressions—as well as echoes—that this has taken from Thomas Hobbes to Karl Marx.1 The opening set of conceptual remarks will lead to a reading of Hobbes's Leviathan and Marx's On the Jewish Question, with the intent of arguing that both texts were concerned with theoretically explicating the relationship between right and equality, (...) germane to which was the problematic of the “nation,” which was itself conceived via the “Jewish question.” It will be argued…. (shrink)