In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...) aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. (...) I argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in (...) ways consistent with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

Now is a good time to take stock of the global progress made toward achieving the ideals enshrined in the Universal Declaration of Human Rights, which was passed by the UN General Assembly seventy years ago. Though the UDHR has played a vital role in advancing human rights globally, threats to human rights areever present. Two issues in particular stand out as barriers to further progress. The first is state sovereignty, which presents a fundamental challenge to any effort to (...) establish universal norms. Without strong global institutional mechanisms to ensure implementation, UDHR's impact remains limited. The second major concern is the “siloing” of human rights efforts, whereby civil and political rights have been given primacy over social and economic rights. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. The current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders. (shrink)

The resolution of the UN was adopted on 10 December in 1948(A/RES/217). The research’ route of the article analyses the historical conditions where the UDHR was drafted. And intends to analyse and to debate if the political speech that crossed the cold war and emerged again, in the context of geostrategy conflicts, respects the substance of the original document. This research pathway determines and debate five fundamental questions: The connection between the articles of UDHR agreement and labour rights, economic democracy, (...) and, on the other hand, political liberty, the right of nations to decide from themselves and the imperative of universal peace. If the articles of UDHR are compatible or not with the political nature and evolution of liberal democracies and socialist regimes. If propaganda of the Cold War and the geopolitical confrontation, they subvert and distort the principles of the original UN Human Rights or defend those principles. If people around the world really know and are conscientious of UDHR principles and articles, or those propaganda created a phenomenon of global alienation. At last, what means a new generation of human rights. That methodology will be supported by the case study of the United States of America and People Republic of China. Keywords: origen and historical context of UDRH, J. P. Humphrey, P.C. Chang, Eleanor Roosevelt, UDHR, preamble and 30 articles, China and UDHR, clean, healthy, sustainable environment as human righ. (shrink)

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of the UDBHR (...) and therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered. (shrink)

The purpose of our article is to contemplate, from an aesthetic-artistic vision, the principles of the Universal Declaration on Bioethics and Human Rights, adopted by UNESCO in 2005. As a result of a restful, attentive and calm look (contemplation), we believe that the development of a line of thought capable of proposing answers to the great questions posed by the current existential and historical paradigm shift requires an effort of transdisciplinary dialogue. On the one hand, reason, as a specific (...) and differential faculty of the human being, must overcome the limits of its reduction to mere empirical scientism and redefine itself as a reason with an open horizon. On the other hand, the creation of works of art and the aesthetic experience constitutes a way of understanding the complexity and multiplicity of reality. Based on two classic works of art: "The kidnapping of the Sabinas" (Da Cortona) and "Liberty leading the people" (Delacroix) we propose a bio-aesthetic experience on the two fundamental axes on which the principles of the Declaration of UNESCO navigate, which are the centrality of the person and of society. Knowing and deepening such principles, through bio-aesthetic contemplation, is shown as a valid educational instrument, which entails the art of stimulating the capacity to reverberate the beauty existing in the world when good is manifested in human behavior and recognizing the transforming power of art, which facilitates a pedagogical and comprehensive assimilation of the principles of the UNESCO Declaration. (shrink)

In a series of articles and in a recent book, What Darwin Got Wrong, Jerry Fodor has objected to Darwin’s principle of natural selection on the grounds that it assumes nature has intentions.1 Despite the near universal rejection of Fodor’s argument by biologists and philosophers of biology (myself included),2 I now believe he was almost right. I will show this through a historical examination of a principle that Darwin thought as important as natural selection, his (...) class='Hi'>principle of divergence. The principle was designed to explain a phenomenon obvious to any observer of nature, namely, that animals and plants form a hierarchy of clusters. Theodosius Dobzhansky made this the motivating observation of his great synthesizing work, Genetics and the Origin of Species (1937): “the living world is not a single array of individuals in which any two variants are connected by a series of intergrades, but an array of more or less distinctly separate arrays, intermediates between which are absent or at least rare. . . Small.. (shrink)

Rights define the prevailing relations that constitute a community. They are in turn defined by the character of a given mode of production, and as that changes so too the system of rights. The rights that comprise ‘human rights’ evolved in the transition from feudalism to capitalism and represent the principles of the emerging world order in the 18th and 19th centuries. Only in the aftermath of World War II with the exhaustion or defeat of the European states and Japan (...) was it possible to declare these same principles as belonging to the whole world equally and as intrinsic to all humans - yet within national frameworks. The accumulation of capital on a global scale, however, soon began to undermine the national practice of these human rights. By the end of the 1980s the construction of regional or global ‘enabling frameworks,’ quasi-states for capital, detached from any formal or legitimate means of countervailing political leverage, made human rights appear increasingly like anachronisms. An increasingly violent usurpation of the Universal Declaration of Human Rights and other forms of rights around the world followed. In the absence of a legitimizing set of principles for this new global economy, a growing need for a rationale to govern by fiat becomes the central problem of the day. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical (...) philosophy and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

In Principles of Animal Research Ethics, Tom Beauchamp and David DeGrazia (hereafter B&D) aim to replace the well-known “3Rs”—Replacing animal research with non-animal methods, Reducing the numbers of animals, and Refining experiments to reduce harms and improve welfare—as the guiding principles regulating animal research. . . B&D present their principles as “useful” for people engaged in animal research and as a “philosophically sound” (p. 4) framework for a new ethic for animal research. Regrettably, I have doubts about both these overall (...) claims and so am pessimistic about the book. (shrink)

Michael Polanyi’s essay “Rules of Rightness” argues that for living beings, both machine-like embodied processes and informal purposeful operations are guided by standards of proper func­tioning. This article traces the origins of rules of rightness back to the concomitant rise of life and purpose in the universe. Thereby the deterministic control of all things by the laws of physics and chemistry is broken. Powered by an independent active principle and guided by three inarticu­late modes of learning, life takes on (...) increasingly complex expressions of purpose in evolutionary history. Along the way, purposeful informal operations make use of and often create contrivances that further the explosive telic growth of life. (shrink)

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably (...) be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context‐specific and culture‐specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end‐of‐life decision‐making. (shrink)

I argue along the following lines: For Wollstonecraft, liberty is independence in two different spheres, one presupposing the other. On the one hand, liberty is independence in relation to others, in the sense of not being vulnerable to their whim or arbitrary will. Call this social, or political, liberty. For liberty understood in this way, infringements do not require individual instances of interfering. Liberty is lost in unequal relationships, through dependence on the goodwill of a master. In addition, liberty is (...) independence of mind, a state I am in when I trust my own reasoned judgement above any other authority. Call this moral liberty. Moral liberty needs social liberty. In other words, to the extent I am subject to the whim of others, I am not in a position to be guided by my own judgement. Moral liberty is one of two aspects of virtue: a disposition to independent deliberation according to reason. As such, virtue is a habit of mind. The second aspect of virtue is universal benevolence as its action guiding principle. This is how liberty, equality, and virtue fit together. Social liberty, understood as independence in relation to others, necessarily coexist with equality, and is necessary for moral liberty, the habit of mind that makes up one aspect of virtue, as well as for universal benevolence as virtue’s action guiding principle. This triad explains her views on property, on sex equality, and also on legitimate government. My second line of argument is that according to Wollstonecraft, we have a duty to be virtuous. Virtue is the main object of human life. But since virtue, in both its aspects, needs social liberty and since liberty is the birthright of man, the duty is conditioned on the right. The foundation for the triad of liberty, equality, and virtue is a theory of rights. The basis for the discussion of virtue is the right to the conditions necessary for its realization. The duty is conditioned on the right to liberty. (shrink)

International human rights law that protects freedom of the press provides a cross-culturally reliable foundation from which to launch a consideration of universal principles in journalism ethics. After examining certain assumptions made by the international law about individuals and about the kind of journalism the law intends to protect, in this article I propose that truthtelling, independence, and freedom with responsibility are universal ethical principles international law envisions for journalists. These principles would undoubtedly be applied differentially in different (...) cultures, but I conclude that the culturally specific ways journalists analyze ethical dilemmas can arise from a common concern for the 3 principles. (shrink)

Alan Gewirth extends his fundamental principle of equal and universal human rights, the Principle of Generic Consistency, into the arena of social and political philosophy, exploring its implications for both social and economic rights. He argues that the ethical requirements logically imposed on individual action hold equally for the supportive state as a community of rights, whose chief function is to maintain and promote the universal human rights to freedom and well-being. Such social afflictions as unemployment, (...) homelessness, and poverty are basic violations of these rights, which the supportive state is required to overcome. A critical alternative to both "liberal" and "communitarian" views, this book will command the attention of anyone engaged in the debate over social and economic justice. (shrink)

I argue that theoretical developments in the study of the Universal Declaration of Human Rights (UDHR) should occur alongside progress in moral psychology, particularly moral cognition. More specifically, I argue that Universal Moral Grammar (UMG), a model positing an innate, regulative, and universal moral faculty characterizable in terms of rules and principles, fulfills the role of the foundational model needed to usefully conceptualize the UDHR. As such, I provide a detailed account of UMG against competing models in (...) moral psychology. Furthermore, I combine UMG with Talbott’s Historical-Social Process of Moral Discovery and Rawls’s reflective equilibrium to show how the UDHR represents a major development in moral exploration, one indicating a more penetrative look into the inner moral nature of humans that attempts to reach, but does not attain, one interpretation of reflective equilibrium tied to cognitive moral psychology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate presumption (...) has dominated too much of the writing which has followed Rahner's essay. Ols returns to this problem of " latent monophysitism " in some classical christologies in the final chapters of his work (VIII-XI). With a careful examination of the christology of Aquinas, the author skillfully demonstrates the rich development of Christ's true humanity that is possible within the classical approach; he deals specifically with the topics of Christ's knowledge, his sinlessness, and the concept of person. (It is interesting to note that, like Rahner and others before and after, Ols thinks that the word "person" is not particularly felicitous and would prefer simply the word hypostasis or subsistence [p. 187]. His wish is likely to have no more success than previous suggestions in this regard.) Although limited in its intent, this hook is rich in many ways. Ols's knowledge of St. Thomas is deep, and he uses that knowledge well. His critique of Rahner and Schilleheeckx may he forceful in its negative assertions, hut I believe it is accurate in pointing out the philosophical idealism that underlies much of their christological writings. This idealism is too often overlooked and needs the corrective of what we might call "Mediterranean realism." Although his criticism may he incisive, it is never unfair or strident, and he is aware of the positive insights that these men have contributed to our continuing reflections on the Lord. By intent, Ols's work is essentially one of evaluation and criticism. Nevertheless, the chapters that reflect on (and develop) Aquinas's teaching and give a positive presentation of the real human· ity of the Lord lead one to hope that the author will follow this study with a fully elaborated christology. St. Joseph's Seminary, Dunwoodie Yonkers, New York JAMES T. O'CONNOR Kant's System of Rights. By LESLIE A. MULHOLLAND. New York: Columbia University Press, 1990. Pp. xvii + 434. $49.00. Several good hooks on Kant's political philosophy have appeared in the past decade, hut the literature on Kant's political philosophy is still both slimmer and weaker than on any other aspect of his thought. 536 BOOK REVIEWS Though we still await a definitive study of the topic, this book goes a long way toward filling some important gaps. Even the best books on Kant's political philosophy tend to treat only the broad outlines of Kant's position, shying away from detailed exposition of Kant's theories of individual right and external possession and of the political theory based on them. Mulholland's is not only the most detailed but also the most persuasive account of these matters which has yet been presented in English. The book's first four chapters attempt to lay the foundations for Kant's political philosophy through a general discussion of his ethical theory. The main function of these (somewhat overlong) introductory chapters is to argue for a tension between the law of nature formula (which Mulholland prefers as a guide to Kant's theory of right) and the formula of humanity as end in itself. According to Mulholland, the law of nature formula leads to a theory of rights and political obliga· tion which places Kant in the natural law tradition, whereas the formula of humanity commits him to what Mulholland calls the " deed principle ": that acquired rights can come about only through a deed on the part of those having the duties corresponding to the rights through which these duties have been assumed. Mulholland argues that if we take the deed principle strictly, then we must base political obligation on consent and thus on a social contract. The burden of Mulholland's argument throughout the book is that Kant cannot sustain the deed principle, and it is... (shrink)

Rather than approaching Kant's moral theory in the normal way through a consideration of The Groundwork of the Metaphysics of Morals and The Critique of Practical Reason, I do so from the perspective of an extended analysis of other aspects of his work that bear on his moral philosophy . Consideration of the Doctrine of Right suggests that the universal principle of Right Kant identifies is a restricted version of the CI applied to the limited domain (...) of relations between persons at issue in this context. Given that duties of Right deriving from this principle are also regarded as perfect ethical duties, an analysis of the nature and scope of the universal principle of Right can, I argue, be expected to be informative with respect to our understanding of perfect duties and the contradiction in conception from which these are said to derive. Allowing for the more limited scope of merely external duties of Right, analysis of these duties suggests that ethical duties of Right are obligations concerned with ensuring the capacity of rational agents to govern themselves on the basis of reason . This kind of analysis, I argue, is both confirmed and clarified by Kant's subsequent discussion of perfect and imperfect duties of virtue we owe to ourselves under the rubric of concerns with our moral health and moral prosperity. ;The resulting view is, I claim, a promising one that allows us to integrate the different treatments of duties in these two works and accommodate the various duties Kant discusses. In particular, understood in terms of the notions of moral health and prosperity, the concerns engendered here require careful consideration of the particular nature and psychology of human agency and yield a much more subtle and interesting account of duty and of the moral life than those typically associated with Kant. (shrink)

With the principles it brought, Islam aimed to first build the individual and then revive the society. In this context, the consultation (shûra) is an important socio-political-ethical principle. Given the purpose of revealing what is right it is no coincidence that God advises people to do their work in consultation,. Indeed, consultation has been practiced in the life of societies since ancient times. The Prophet, too, adopted to do business by consulting people who were experts in the issues (...) that did not receive revelation throughout his life, and he carried out many practices in this regard. Thus, he left a very important legacy for Muslims to reach a maturity that can stand on their own feet and to have the ability to shape their future in the following processes. It is essential for Muslims to take care of this legacy left to them, to prevent the political power from turning into tyrannical structures, to participate in and contribute to the decision-making mechanisms/administration. Doing business in consultation maintains its importance today as it was yesterday. Therefore, it is our main goal to reveal what kind of principle consultation is in terms of functionality. While doing this, attention was paid to include concept analysis, historical and factual reality, and the reflections of the principle to the present day in the content of the text. As a method, document analysis, one of the qualitative research methods, was preferred. As a result, it has been seen that the consultation has a very strong ground in the context of psychology and sociology. In this respect, it has been identified that the consultation, which seems to have a universal quality, has very positive effects on individual and especially social/political understanding. (shrink)

In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are (...) arguments about the content of rights, and just as there are myriad claims to rights, so there are pluralities of theories of rights that offer some understanding of the moral and legal realm and of the place rights may hold within it. Gorman argues that in a pluralist context of inconsistent rights we require pragmatic procedures rather than universal principles of justice to resolve conflicting claims. (shrink)

In order to introduce the text description of this class will show seven keywords, they represent In order to understand the general process for the seven. Need to mention is that the author published in Chinese script - title "Gadamer's philosophy of the seven key" - and this content is not the same. In fact, only one in that the use of key words in this speech mentioned the four key words will be used the next article. 1 Linguistics as (...) high as the United States in the "real management and methods," a book in the last third of the contents of the specified language is "the universal medium of interpretation of experience." It is in this medium, things are understood, understanding and interpretation to occur. It is the fundamental and the first thing on a switch, it makes things possible, without it, understanding must not occur. It is in this medium, the real management there, although in terms of the real incidence of management and is not limited to this medium. Sprachlichkeit is up to the universal language of the United States to name the first of of a proper noun. history of as language, history is a popular media, and history is also rising to become "a hermeneutical principle." To understand history, which must be traced back to Heidegger, "and there is time," the first six parts, entitled "Timing and historical nature." This title has been out of correct revelation, history is the study of this structure there is some a result of this there is the same as in the past and the present one there, it was possible there through his plans and will itself which extend to the future. Dilthey on Heidegger benefit of this term and its historical significance, but that裡Dilthey, the basic processes of life, and in Heidegger, the basic process is still alive there in the past and future Among the visual field. It is a learning process rather than the life there is a process, there is a process rather than the life philosophy of life regardless of the process. Dilthey and Gadamer and Heidegger places of historical analysis for the premise. 3 by the historical role of awareness up to the United States, this keyword has not appeared in from Schleiermacher, Dilthey, or Heidegger that裡. But Heidegger once spoke to the author, the concept represented by the word directly from Dilthey and future. Indeed, the word and the "fusion of" two persons都benefit from Hegel and Dilthey, Heidegger than In order to impact. At the same time, for the resumption of encounter with the text of the history of this effort directly, the recall In order to Heidegger and Qike fruit. Up to the United States shows that it is essential that "the existence of the structure." That is to say, it is usually associated with the text coming from a tradition, crushed In order to present before the sight. 4 hermeneutics into the cycle and see in understanding the structure and the first cycle between hermeneutics, there is a close link. Hermeneutics and the cycle regardless of such a concept, not only from a part of the overall future understanding, understanding from the part of the overall future. This is a logical contradiction, but it depicts In order to understand the kind of work does not have the way to recovery. This is to see What are the relationship? Up with the United States use this word in the former understanding of the meaning of a person he can understand any part of the text and context before, must have a pre-understanding. When Schleiermacher hermeneutics for the cycle to take a more formalistic point of view, he also participate in an objective and subjective look for. In order to reject the United States is up for the subjective, and he describes, in understanding the text, our understanding of a person but a different meaning, and this sense of ownership in a situation with a theme of the event . Heidegger the hermeneutic circle and put the world on their own understanding of the context in which the world is time and the existence of the world, in order to In order to reinvent the meaning of hermeneutic circle. It exists in the time being and is expected to forward to the future, it is a person exists in the world of all possibilities of a personal meaning. Gadamer Heidegger and then one more step beyond, he is defined as the cycle of hermeneutics and the interpretation of the traditional sports were a correlation between the movement. Heidegger's masterpiece裡tradition and not important, but those for the traditional and the interpretation of the relationship between text, up to the U.S. In order to play an important role in the analysis. Up to the United States, brought into the discussion In order to "complete expectation" that the key concept, it is subject to the historical role of awareness of the operation of the core. In this part of the contents of the directory for the present review is to show to some of the major associated. 5 authority and tradition up to the United States on the authority of the traditional view is that from his understanding and the hermeneutic circle before the concept developed in the future. Enlightenment for the suspect an effort made ​​to switch the authority of the United States to see coming up is one-sided, because the authority is naturally found in the leading field in a PhD, the referee, professors and experts. Recognize these people for a topic you know even in the natural and appropriate. So regardless of up to his brother's wife is not a legitimate authority and legitimate authority, and authority as a concept to see the future is appropriate. Similarly, our traditional understanding among the living, and we should explore a more deeper with our traditional relationship. Traditional German text is Űberlieferung, incurs passed along . Once again, as a fair decision without dialogue and is not legal to see, up to the United States against this anti-traditional views of the Enlightenment. 6 Depending on the domain of integration sight philosophy of integration is another sign up to the United States is not to find elsewhere. Basically, the text of the encounter with a sight In order to involve the integration of text and interpreter of the visual field of sight. And a man's own awareness is a fusion of traditional with the product. "That is convenient to get a sight of their own, but also requires a fusion of traditional with." In order for each dialogue also involves a fusion of sight. It is a wildcard description of the terminology. 7 Dialogue dialogue leading up to the U.S. interpretation of the theme of philosophy, relying on a life of his ideal, he as such a show of openness. Schleiermacher as high as the United States in general, is a talented rapper. However, the need for a fruitful dialogue open to others point of view, and the need to recognize that he or she may be right. In a true dialogue, both sides都want to talk more close to the truth regardless of management topics, which are more important than winning. Finally, the dialogue is a basic hermeneutical tool, a means to understand, so we coming close to the theme of the issue, but ready to change our point of view. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer "is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer" is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. 1. Sprachlichkeit-Linguisticality As Gadamer notes in the final third of Truth and Method, language is the "universal medium of hermeneutical experience." It is the medium in which things are understood, the medium in which understanding and interpretation take place. It is fundamental and prior to everything. It makes things possible, and without it understanding cannot take place at all. It is the medium in which truth happens, although there is more than this to the happening of truth. Sprachlichkeit is the term Gadamer uses to name the "universal priority" of language. 2. Geschichtlichkeit-Historicity Like language, history is a universal medium, and historicity is raised to the status of "a hermeneutical principle. "To understand historicity, one has to go back to the six sections of Heidegger's Being and Time that carry the heading" Temporality and Historicity. "Already this title correctly suggests that historicity is a consequence of the ontological structure of Dasein as a being that lives with a past and a present, and also extends itself into the future through projecting possible being. Heidegger is indebted to Dilthey for the term and sense of historicity, but in Dilthey the basic process is life, whereas in Heidegger, the basic process is being-in-the-world in horizons of past and future. It is an ontological process rather than a life process, a process of being rather than the vitalism of life in life-philosophy. Gadamer presupposes Dilthey's and Heidegger's analysis of Geschichtlichkeit . 3. das wirkungsgeschichtliche Bewusstsein-the Historically Effected Consciousness This is a key term in Gadamer that does not appear in Schleiermacher, Dilthey, or Heidegger. Heidegger once remarked to the author that the idea that this term represents is straight out of Dilthey. Certainly it and the "fusion of horizons" are more indebted to Hegel and Dilthey than to Heidegger. At the same time, the effort to restore the historical immediacy of encounter with a text recalls Heidegger and Kierkegaard. Gadamer argues that the essence of it is " the structure of experience. "That is to say, it shatters the present horizon, usually with a text from tradition. 4. Hermeneutische Zirkel and Vorurteil-Prejudice and the Hermeneutical Circle There is an intimate connection between the fore-structure of understanding and the hermeneutical circle. The hermeneutical circle refers to the idea that one understands the part from the whole, but also the whole from the parts. This is a logical contradiction, but it describes the back and forth way that understanding works. What has this to do with prejudices ? Gadamer uses this word as synonymous with pre-understanding, and one has to have a prior understanding before one can understand any part of a text or situation. While Schleiermacher took a more formalistic view of the hermeneutical circle, he also looked at the objective and subjective sides. Gadamer rejects the subjective side and explains that in understanding a text we are not understanding a person but a meaning that resides in a situation and a subject-matter. Heidegger revolutionized the meaning of the hermeneutical circle by placing it in the context of an understanding of self and world that is temporal and existential. It exists in time and anticipates a future, and it is the personal sense of one's possibilities for being in the world. Gadamer took a step beyond Heidegger by defining the hermeneutical circle as the interplay between the movement of tradition and that of the interpreter. Tradition plays little role in Heidegger's masterwork, but it and the interpreter's relation to the text loom large in Gadamer's analysis. The discussion brings in the key concept in Gadamer of the "anticipation of completion" which is central to the working of historically effected consciousness. A review of the table of contents for the section is presented to show some of the major relationships. 5. Autorität und Tradition-Authority and Tradition Gadamer's views with regard to authority and tradition grow out of his concepts of preunderstanding and the hermeneutical circle. The effort by the Enlightenment to discredit all authority seemed one-sided to Gadamer because authority is naturally accorded to doctors, judges, professors, and other experts in a field. To acknowledge that they know more about a subject than you do is natural and appropriate. So Gadamer speaks of legitimate authority and illegitimate authority, but authority as a concept seems appropriate. Likewise, tradition inhabits our understanding, and we should seek an ever deeper relationship to our tradition. The German word for tradition is Űberlieferung, that which is handed down. Again, Gadamer takes up arms against the Enlightenment prejudice against tradition as illegitimate without dialogue or a fair trial. 6. Horizontverschmelzung-Fusion of Horizons The "fusion of horizons "is another trademark of Gadamerian philosophy. It is not found elsewhere. Basically, the encounter with the text involves a fusion of horizons, that of the text and that of the interpreter. Also one's own consciousness is a product of a fusion of horizons with the tradition. "Even to acquire one's own horizon requires a fusion of horizons with the tradition." Every conversation, too, involves a fusion of horizons. It is an all-purpose term. 7. Conversation Conversation is a leitmotif of Gadamer's hermeneutical philosophy, an ideal he lived by, an openness he exemplified. Schleiermacher was a gifted conversationalist, as was Gadamer. But a fruitful conversation requires openness to the viewpoint of the other person, and the acknowledgement that he or she could be right. In a true conversation both partners want to come closer to the truth about a matter, and that is more important than winning. Ultimately, conversation is a basic hermeneutical tool, a means of reaching understanding, so we approach a subject with questions, but ready to change our point of view. (shrink)

The proportionalist position on the revision of the principle of double effect is now an important feature of moral discourse in contemporary Roman Catholic theological discussion. While its claim to being rooted in the work of Saint Thomas Aquinas is defensible, its view on the universal applicability of proportionate reasoning for determining the moral rightness or wrongness of actions is not without problems in some key areas, such as the distinction between direct and indirect consequences of an action. (...) Indeed, proportionalists often argue in manners that would suggest that they have discarded this distinction outright. Such a result, it is argued, would be a grave error for Christian ethics. (shrink)

Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and (...) principles. Therefore, my first task will be to clarify these terms and principles by introducing distinctions that have been neglected too often. After this I try to show a) that the Law of Right can in fact be justified by using the testing method the Categorical Imperative prescribes and b) that there is no other way to justify it. Doing this I criticize in detail the new arguments adherents of the independence thesis have recently put forward. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three (...) of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

The text examines the article 11 of the Universal Declaration on Bioethics and Human Rights of UNESCO that deals with the principle of non-discrimination and non-stigmatization. Both concepts are related to the theme of human dignity, while discrimination is an inherent part of stigma: stigma does not exist if there is no discrimination. In this context, this paper aims to study the relationship between stigma, discrimination and HIV / AIDS. The study argues that to loosen the bonds that (...) hold the subjects that are attached to them is necessary questioning the broader forces - social, cultural, political and economic - that structure stigma, stigmatization and discrimination as social processes directly linked to production and reproduction of structural inequalities. (shrink)

_A study edition of Peirce's manuscripts for lectures on pragmatism given in spring 1903 at Harvard University, with notes, preface, and an original introduction by the editor introducing Peirce and interpreting Peirce's thinking for a more general readership._.

This is a study edition of Charles Sanders Peirce's manuscripts for lectures on pragmatism given in spring 1903 at Harvard University.

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of (...) technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

In this paper, I analyzed the discussion on the principle of universalizability which took place in moral philosophy in 1970–1980s. In short, I see two main problems that attracted more attention than others. The first problem is an opposition of universalizability and generalization. M.G. Singer argued for generalization argument, and R.M. Hare defended universalizability thesis. Hare tried to refute Singer’s position, using methods of ordinary language philosophy, and claimed that in ethics generalization is useless and misleading. I have examined (...) Singer’s defense and concluded that he was right and Hare was mistaken. Consequently, generalization argument is better in clarification of the relationship between universality and morality than Hare’s doctrine of universalizability, and hence the universality of moral principles is not incompatible with the existence of exclusions. The second problem is the substantiation of the application of categorical imperative in the theory of relevant act descriptions and accurate understanding of the difference between maxims and non-maxims. In Generalization in Ethics, Singer drew attention to this theme and philosophers have proposed some suggestions to solve this problem. I describe ideas of H.J. Paton, H. Potter, O. O’Neill and M. Timmons. Paton coined the teleological-law theory. According to Potter, the best criterion for the relevant act descriptions is causal one. O’N eill suggested the inconsistency-of-intention theory. Timmons defended the causal-law theory. My claim is that the teleological-law theory and the causal-law theory fail to solve the relevant act descriptions problem and the causal criterion and the inconsistency-of-intention theory have their limits. From this, I conclude that these approaches cannot be the basis for clarifying the connection between universality and morality, in contrast to Singer’s approach, which, therefore, is better than others to clarify the nature of universality in morality. (shrink)

This paper tries to shed some light on the paradox that people cling to national ideologies at just the time when nations are counting less and less in social, cultural, economic and political affairs, and when transnational corporations and international organizations increasingly determine the framework of things. Many nations still rigidly think of themselves as independent and sovereign, accountable to no one but themselves, even when our global interdependence can no longer be ignored or denied. Ethnic cleansing and crimes against (...) humanity testify to the dangers of isolationist tendencies, such as blind conservatism, which we may escape only by cultivating and advancing democracy and a shared public life on a global scale, i.e. by developing transnational institutions on strictly empirical and experimental grounds that could assist people in coping with the newly emerging world-order. Key Words: cosmopolitanism • ethnic cleansing • ethnic codes • human rights • international organizations • nationalism • natural rights • negotiated agreements • patriotism • self-evident truths • sovereignty • universal moral principles. (shrink)

The present paper argues that as basic schools become more pluralistic, it is important to (re)discuss the value base on which education should be built. Many see human rights as a universal principle of Western democratic societies and thus a universal value base of education. However, human rights seem to be insufficient – first, because many question their universality, and second, because they are understood mainly as legal rather than ethical principles. The concept that is known to (...) ethically support human rights is the global ethic. And from one of the main pillars of the global ethic we derive the universal value base of education – the responsibility for the other, understood as care for the other, being for the other, treating and approaching the other with respect. To this end, teachers should encourage social interactions, based on active listening and exotopy. (shrink)

Abstract In his 2009 article "Right and Coercion," Marcus Willaschek argues that the Categorical Imperative and the Universal Principle of Right are conceptually independent of one another because (1) the concept of right and the authorization to use coercion are analytically connected in Kant's "Doctrine of Right", but (2) the authorization to coerce cannot be derived from the Categorical Imperative. Given that the principle of right just is a principle of authorized (...) coercion, the fact that the authorization to coerce cannot be derived from the Categorical Imperative implies that the Principle of Right cannot be derived from the Categorical Imperative. Against this claim, I first argue that a satisfactory deduction of the concept of right can be constructed out of the Categorical Imperative, the fact that we are embodied, and the fact that we act from motives other than duty. I then argue that the insufficiency of the Categorical Imperative, by itself, to generate the Principle of Right does not prevent us from interpreting the Principle of Right as a specification of the Categorical Imperative. I develop this point by means of an analogy with Kant's discussion of the moral law and the Categorical Imperative in the Groundwork. (shrink)

In October 2005, the United Nations Educational, Scientific and Cultural Organization adopted the Universal Declaration on Bioethics and Human Rights . A concept of central importance in the declaration is that of “human dignity”. However, there is lack of clarity about its scope, especially concerning the question of whether prenatal human life has the same dignity and rights as born human beings. This ambiguity has implications for the interpretation of important articles of the delcaration, including 2, 4, 8, 10 (...) and 11. The paper applies relevant provisions of the UDBHR to specific cases, addresses problems of internal consistency and considers attempts at clarifying the scope of “human dignity” by the negotiating parties. An analysis of the important relationship between the UDBHR and the Universal Declaration of Human Rights, to which the UDBHR refers in its title and elsewhere, shows that because of a crucial emphatic asymmetry, a broad reading according to which the UDBHR must be understood to ascribe human rights and dignity to prenatal life is untenable. However, the view that the UDBHR confers human rights and dignity on humans from the moment of birth onwards is robust and defensible. This conclusion is important for a proper understanding of the declaration and its use, as stated in Articles 1 and 22, the latter urging states “… to give effect to the principles … in this declaration”. Similarly, it has implications for the use of the declaration in the wider context of bioethics-related law and policy, as well as in academic and other discussions where increasing reference to the UDBHR is likely. (shrink)

BackgroundThe Western-European concept of libertarian rights-based autonomy, which advocates respect for individual rights, may conflict with African cultural values and norms. African communitarian ethics focuses on the interests of the collective whole or community, rather than rugged individualism. Hence collective decision-making processes take precedence over individual autonomy or consent. This apparent conflict may impact informed consent practice during biomedical research in African communities and may hinder ethical principlism in African bioethics. This study explored African biomedical researchers' perspectives regarding informed consent (...) and potential limitations to the principle of respect for autonomy in African communities.MethodsWe conducted a qualitative study based on in-depth interviews with 12 biomedical researchers, five females and seven males aged 34 to 74 years, currently working at an African university. Interviews lasted 35–40 min each and involved semi-structured open-ended interviews, which allowed participants to offer information about their perceptions and feelings regarding respect for autonomy and informed consent as practised in Africa. Empirical data from the interviews were recorded, transcribed, and analysed using thematic content analysis, together with an interrogation of relevant scientific literature about African communitarian ethics, making evaluations and drawing inferences consistent with the empirical bioethics approach.ResultsBased on these interviews and analysis of relevant literature, we found that informed consent is difficult to apply in an African context because it derives from a Western conception of libertarian rights-based autonomy. Most respondents pointed out that it was challenging to implement informed consent in the African setting. Furthermore, communalism, customary beliefs, spirituality, and relational autonomy are predominant in most African communities, as exemplified by the African moral philosophies of Ubuntu/botho and Ukama, which emphasize communitarianism over individual rights. We also found that language, education, poverty, and cultural beliefs are barriers to obtaining proper informed consent in African communities.ConclusionsWe conclude that there are limitations to applying the principle of respect for autonomy and informed consent in African communities, especially in the context of human biomedical research. We recommend using a more relational approach, such as Ross’s prima facie duties, to implement informed consent in African communities. (shrink)

This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether (...) judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Imitation of Nature: Source of Principles of Moral Action by Wojciech GolubiewskiAnthony T. FloodGOLUBIEWSKI, Wojciech. Aquinas on Imitation of Nature: Source of Principles of Moral Action. Washington, D.C.: The Catholic University of America Press, 2022. xx + 309 pp. Cloth, $75.00Does Aquinas's ethical account necessarily rely upon his metaphysics of goodness and natural forms, or can we fairly interpret his ethics as merely cursorily connected to (...) these other aspects of his thought? Golubiewski offers a thorough and compelling case that Aquinas indeed bases his ethics on these various broader principles, such that proper practical principles inextricably and fundamentally are an imitation of nature.Golubiewski details the full range of scholarship on Aquinas's natural law theory in order to set up his meticulous and comprehensive analysis. He motivates his interpretation by examining two opposed positions in current discussion. On one side is the view championed by Stephen Brock and others that focuses on Aquinas's metaphysics of the good, along with "the imitation of nature as the 'imitation of the divine mind'" as crucial to an accurate understanding of the natural law. On the other side is Martin Rhonheimer, who maintains, "natural law is not the 'imitative reflex' of the 'natural order'." Rhonheimer wishes to avoid a moral physicalism that succumbs to charges of the naturalistic fallacy. Golubiewski sides with Brock and proceeds to show the extent to which the notion of imitation performs throughout Aquinas's ethical thought.Early in his analysis, Golubiewski notes that we should avoid an overly strict distinction between the two virtues of practical reason, namely, art and prudence. While art does have the specific sense of right reason regarding the making of things, Aquinas also uses it more broadly and analogically as conveying any kind of right reason. Thus, when Aquinas speaks of art, particularly in terms of right reason as an imitation of nature, this includes prudence and all of the moral virtues it directs. Moreover, the notion of art also pertains to God's creative act. Insofar as created natures are the effect of divine art, the parameters of their goodness are already determined. In the case of rational natures, they are not free to determine their own goodness. By imitating nature, a person imitates the mind behind nature.Golubiewski devotes considerable attention to the sources of moral knowledge. For human beings, the imitation of nature pertinent to right moral reasoning begins with the knowledge of sensible things, whereby we grasp the patterns, modes of operations, and inclinations of them. All [End Page 139] beings have a movement toward—a desire for—actuality, which in turn orients them to divine goodness. "In this way things 'desire' the divine goodness, according to their own 'immanent likeness' to it. They desire it insofar as they imitate it." Each kind of thing imitates God's goodness in its own, admittedly very limited way. Human nature has this same relation to God; thereby, proper human action is based on the same sort of imitation.This leads to a relevant analysis of the part/whole notion in Aquinas. Golubiewski remarks that we have an inclination not merely toward our own individual good but also to the good of the whole human community and ultimately God as the ultimate good. "Not only political virtue but all kinds of properly human virtues are intrinsically ordered to the common good. In this way all of them are part of general justice as ordered to reason in its imitation of nature." In light of the recent resurgence of interest in the precise connection between personal rights and the common good, Golubiewski's elaboration on these points might prove especially helpful to anyone desiring to bring Thomistic principles into the debate.Golubiewski proceeds to delve into the precise character of the inclinations of human nature as rational inclinations. The common intelligible structure of goodness entails three elements. One, the mode of each kind of thing's congruent action. Two, the virtuous dispositions as rooted in that nature. Three, the virtuous agency by which the proper good of that nature is obtained. In the case of human beings, the mode of obtaining goodness is... (shrink)

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably (...) be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context-specific and culture-specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end-of-life decision-making. (shrink)

The new dilemmas and responsibilities which arise in bioethics both because of the unprecedented pace of scientific development and of growing moral pluralism are more and more difficult to grapple with. At the ‘global’ level, the call for the universal nature at least of some fundamental moral values and principles is often being contended as a testament of arrogance, if not directly as a new kind of subtler imperialism. The human rights framework itself, which provided the basis for the (...) most relevant international declarations and documents, is not exempt from the charge. However, the refusal of a top-down conception of the universal as a sort of product for exportation should not be confused with a relativistic landscape, where all the cows can be indifferently black or white. This contribution aims at outlining an approach, which reconciles universalism as enshrined in founding human rights declarations with respect for cultural diversity. In order to do so, two conceptual frameworks are discussed: the ‘tool-kit’ model and the morals/ethics difference. The example of the right to quality health care confirms the argument that striking a balance between cherishing pluralism and defending some fundamental rights and obligations does not amount to an assertion of moral imperialism. (shrink)

Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is (...) in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human agency. The application of this principle implicitly involves a ‘Contradiction in Conception’ test. I explicate this test in detail and show, inter alia, how Kant’s argument relates to the modern natural law tradition. I further argue that Kant’s ‘Universal Principle of Right’ is justified by appeal to a fundamental principle of justification, the Principle of Mutual Acceptability. This justification also suggests that the debate between Kantians and Utilitarians about whether human ‘dignity’ is an incommensurable value is moot because Kant’s test of the Categorical Imperative need not appeal to ‘dignity’. Finally, I show that the limited rights to possession and use justified by Kant’s argument suffice for his social contract argument for the legitimacy of the state. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the field of organizational justice to the arena (...) of business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

Professional ethics is one of the important topics, which includes various rights such as respecting the patient’s right to choose, being useful, being harmless, and respecting the justice, integrity, and confidentiality of information. Adherence to these principles can increase the quality of care and patient satisfaction. Since determining the current attitude of students towards ethics plays an important role in educational programs, this study was conducted to evaluate the attitude of nursing and midwifery students of Kermanshah University of Medical (...) Sciences towards six principles of professional ethics. In this cross-sectional study, 76 undergraduate nursing and midwifery students were selected to participate in this study by census method. The data collection tool was a valid and reliable questionnaire on the principles of medical ethics. Data were analyzed using descriptive and inferential statistics. The study sample consisted of 49 nursing and 27 midwifery students with an average age of 23 ± 1.4 years. The mean score of nursing and midwifery students’ attitude towards medical ethics was 95.01 ± 4.8 in basis of 100, and was 94.56 ± 4.9 for nursing students and 96.04 ± 4.7 for midwifery students. Majority of the samples had positive attitude towards medical ethics and 3.73% had a relatively positive attitude. No statistically significant relationship was found between the attitude of students and variables of gender, field of study, marital status, and age. All students in this study had a positive attitude towards the principles of medical ethics, and this is a valuable asset for clinical environments. To increase the generalizability of the study, further studies with bigger sample size on the students of various disciplines of medical sciences is recommended. (shrink)

The right to teach at university is a distinctive philosophical and legal conundrum but a largely unexplored question. Drawing on Humboltdian principles, the legitimacy of the university teacher stems from their continuing engagement in research rather than possession of academic and teaching qualifications alone. This means that the right to teach needs to be understood as a privilege and implies that it is always provisional, requiring an ongoing commitment to research. Yet, massification of higher education systems internationally has (...) led to the disaggregation of the academic profession with teaching-only positions now increasingly common. University teachers employed to both teach and research face a narrowing set of performative expectations with respect to how ‘research-active’ is defined. This paper challenges these contemporary understandings and, drawing on historical evidence, argues that a broader definition of research and scholarship needs to underpin the basis of the right to teach. (shrink)

According to Kant, the supreme principle of morality is: “act only according to that maxim through which you can at the same time will that it become a universal law” (G 4:421). This principle has come to be known as the Formula of Universal Law (“FUL”). Few philosophers believe it succeeds. But, I argue, few philosophers have understood what FUL means. This dissertation offers a full defense of FUL. It is, in fact, the supreme principle (...) of morality—and it can successfully derive a viable theory of permissible action and virtuous willing. Kant was right. Chapter 1 considers FUL’s role in relation to Kant’s subsequent formulations of the Categorical Imperative and the broader architectonic of duty he sets up in the Metaphysics of Morals. I argue that Kant’s formulations are equivalent insofar as they are each expressions of the very same moral principle. And I suggest that FUL’s two tests correspond to Kant’s later distinction between duties of right and duties of virtue. Thus, FUL’s contradiction-in-conception test can be used to derive duties governing permissible action, and FUL’s contradiction-in-the-will test can be used to derive duties governing virtuous willing. This sets up the framework for the remainder of the dissertation. Chapters 2 and 3 together interpret and defend Kant’s account of permissible action. In Chapter 2, I argue that we should fundamentally reconceive of the nature and purpose of Kant’s permissibility criterion. Kant’s contemporary interpreters have adopted too psychologistic an account of the maxim. Kantian maxims have little to do with the motivating principles of actual agents. Relying on Kant’s historical context and his account of maxims in rational agency, I argue that FUL tests means-end principles which describe act-types. When its permissibility test is applied to such principles, it can viably derive general duties. Chapter 3 continues this positive account of Kant’s permissibility test and defends it from common objections. I argue that the contradiction-in-conception test rejects an act-type when it would be inconceivable for all rational agents to be directly governed by the type’s means-end imperative as a universal practical law. So understood, FUL condemns act-types because: (1) they are hypocritically self-serving, (2) they inflict agential harm on other agents, or (3) they inflict self-harm motivated by self-love. I defend FUL’s derivations against such act-types against common criticisms, such as that they are circular or overbroad. Turning to prominent objections against Kant’s account of permissible action, I then argue that FUL correctly rules out all and only impermissible actions. Moreover, its conclusions are both nuanced and normatively defensible. In Chapter 4, I turn to Kant’s virtue ethics. I begin by considering the demands of Kantian virtue. I argue that we should reject accounts on which duties of virtue are merely less restrictive duties governing permissible action. Instead, I argue, they represent genuinely virtue-ethical requirements to promote morally worthy ends, namely, the ends of our own perfection and others’ happiness. I show that all of Kant’s duties of virtue can ultimately be traced back to one of these required ends. Then, I argue that FUL’s contradiction-in-the-will test can successfully derive our positive obligation to set the ends of virtue. I conclude that FUL is successful not only as a standard of permissibility, but also as the supreme principle of virtue. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)