The practice of rights thinking is desirable in modern societies but its scope is restricted by concern for utility and the demands of personal relationships. The result is a hybrid practice no part of which is a foundation for the others. Differences between pure rights thinking, theories of rights and rights talk support a moral pragmatism for which the objects of moral thinking are not decided a priori. The argument draws upon the historical context provided by Bentham, (...) Burke, Locke and Marx. Contemporary views discussed include contributions by Richard Flathman and Beth Singer and Charles Taylor. (shrink)

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general (...) principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is “perhaps better described as the law of ‘human rights in armed conflicts’”? To answer yes, I argue, amounts to a reinterpretation of IHL that drifts far from its history. This reinterpretation is what I label human rights thinking . In its origins, IHL was not designed to protect human dignity, but to reduce human suffering; it was a form of disaster relief. Human rights law, by contrast, originated as a blueprint for the kind of peacetime societies that would no longer plunge the world into what the UN Charter calls the “untold sorrow” of war. Nevertheless, law changes. Perhaps the nature of IHL has evolved over time in the direction of human rights thinking, and should evolve that way. That is the view I defend-–with some qualifications-–in the final sections of this essay. First, I explore the very different genealogies of IHL and human rights law, and explain how human rights thinking migrated into IHL. I attribute the migration to international criminal law, military occupations, and reactions to the U.S. war on terrorism. In the final sections, I explore two ways human rights thinking can be pursued in wars. One of them, I will argue, overplays and overestimates what human rights thinking can accomplish. It does so by, in effect, willing away fundamental differences between war and peace. The other is an approach that I have defended for more than three decades. It consists, at bottom, of taking a civilian’s-eye view of the disasters of war and reading the law accordingly-–recognizing, one might say, that Mother Courage and her children matter just as much to the law of war as Henry V and his band of brothers. (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._.

The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders it ineffective to (...) challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This preoccupation has focused on ‘learning about the other’ in order to improve relations between plural ‘others’ and ‘us’ and reflects educational aims of national identity politics in citizenship (...) education. The article explores the learning of human rights through narratives in relations, drawing on Hannah Arendt and Sharon Todd. For this re-thinking of relations in learning human rights, the article argues that HRE needs to address both competing historical narratives on the drafting of the Universal Declaration on Human Rights (UDHR) as well as unique life narratives of learners. (shrink)

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

Our current work examined the interface between thinking style and emotional experience at both the behavioral and neuropsychological levels. Thirty-nine Chinese participants completed the triad task, and we calculated the rate of individually selected relationship pairings to overall selections to represent their holistic thinking tendencies. In addition, participants in the top one-third of the ratio score were classified into the high holistic thinking group, while those in the bottom one-third of the ratio score were classified into the (...) low holistic thinking group. We used the sensitivity to punishment and sensitivity to reward questionnaire to examine how people elicit positive and negative affective behaviors. Additionally, we examined the volume of the amygdala and nucleus accumbens and their functional connectivity in the resting-state. We found that high holistic thinkers were much less sensitive to rewards than low holistic thinkers. In other words, individuals with high holistic thinking are less likely to pursue behaviors that have positive emotional outcomes. Furthermore, their bilateral nucleus accumbens and right amygdala volumes were smaller than those of low holistic thinkers. Hierarchical regression analysis showed that holistic thinking tendency can negatively predict the volume of the left nucleus accumbens and right amygdala. Finally, resting-state functional connectivity results showed increased functional connectivity FC between left nucleus accumbens and bilateral amygdala in high holistic thinkers. These findings provide emotion-related manifestations of thinking styles at the behavioral and neural levels. (shrink)

rights is a normative concept. This gives rise to three desiderata for conceptualising rights: first, given the wide variety of contexts in which rights are invoked, an account of rights must be su...

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

In this paper I argue for a computational theory of thinking that does not eliminate the mind. In doing so, I will defend computationalism against the arguments of John Searle and James Fetzer, and briefly respond to other common criticisms.

In this paper I argue for a computational theory of thinking that does not eliminate the mind. In doing so, I will defend computationalism against the arguments of John Searle and James Fetzer, and briefly respond to other common criticisms.

The issue of genetic inheritance, and particularly the contradictory rights of donors, recipients and donor offspring as to the disclosure of donor identities, is ethically complicated. Donors, donor offspring and parents of donor offspring may appeal to individual rights for confidentiality or disclosure within legal systems based on liberal rights discourse. This paper explores the ethical issues of non-disclosure of genetic inheritance by contrasting two principle models used to articulate the problem—liberal and communitarian ethical models. It argues that whilst the (...) latter provides a more constructive avenue to providing an ethics for donation than the competing and contradictory positions represented in a liberal rights approach, it raises issues of ethical judgement and authority that remain problematic. This ethical discussion is supported by a field study, funded by the Wellcome Trust, exploring the perceptions and experiences of recipients of donor sperm and their partners towards donor anonymity. The field study provides the empirical basis of an argument for making ethical judgements on the grounds of the community good rather than individual rights, that nevertheless recognises that both are inherently problematic. (shrink)

This chapter is adapted from Siegel, in which I argue that the critical thinker is best thought of as one who is appropriately moved by reasons. In this view, critical thinking involves a variety of reasoning and other cognitive skills; knowledge of various sorts; a set of tendencies or dispositions to exercise those skills and utilize that knowledge; the valuing of reasons and an appreciation of their epistemological force; and a certain sort of character. I am grateful to David (...) Moshman and Carol Crowley for helpful comments on an earlier draft. (shrink)

This book helps children to develop critical thinking and debating skills. It examines the topic of animal rights in a lively and accessible way. Information is presented to help readers deliberate, debate, and decide for themselves. The book looks at animal rights: what the current situation is, how far animal rights should go, and how far should they go in the future. The book covers eating meat, animals in sport, animals in medical testing, and the alternatives we could consider.

Political impasse largely turns on convictions that one’s own position is right while one’s opponent’s position is wrong. When we examine how partisans defend their views, it’s clear that political divisions are not merely due to differences in strategies or priorities but to more fundamental differences in how persons perceive the world and what they think is true.In fact, the very nature of how we view “the truth” is such that most of the time we are inclined not to (...) acknowledge our views as contingent, relative, or fallible. At least, that’s how Heidegger understands us. According to Heidegger’s phenomenological analysis, particularly in his early works, the nature of how we reveal facts and events simultaneously conceals other interpretations. Moreover, the very means of revealing a particular truth makes it difficult to notice that it is our act of revealing it which makes it true in the first place. That is, our natural tendency is to be in “error” about the very fact that it is through us that particular things obtain their character. However, Heidegger’s notion of authenticity, whereby we do acknowledge the role we play in revealing what we find true, suggests a way forward. (shrink)

This book takes a new look at the history of individual rights, focusing on how philosophers have written that history. Eleanor Curran argues that the turn to jurisprudence, after the philosophical rejection of natural rights, has resulted in an impoverished notion of rights as no more than claims and entitlements.

In 1998 the Council of Europe's Framework Convention for the Protection of National Minorities will come into force. But this treaty will only achieve its potential as the centrepiece of ethnic and cultural rights in Europe if the narrow, biased perspective held by many of the state parties can be overcome. This article argues that a just and workable approach to ethnic rights should be informed by contemporary socio-anthropological understandings of ethnicity and culture. When this understanding is considered within the (...) liberal philosophical foundations of the European human rights system, a universal right to ethnic identity emerges. It is thus apparent that immigrant minorities, often excluded from the development of minority rights in international law, have an equal claim to the benefits of the Framework Convention. There is, moreover, a strong argument that ethnic minority rights must involve some measure of long term, positive support for minority languages and traditions. (shrink)

Should animals have similar rights as humans? -- Is it moral to eat animals? -- Should animals be used for entertainment? -- Is it ethical to experiment on animals?

The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented—but not supplanted—by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. The relational turn. The implications for public health ethics of the new ‘ecological’ or ‘relational’ (...) interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care. (shrink)

According to animalism, each of us is numerically identical to a human animal. Disunity cases—cases in which a human animal lacks some form of mental unity—are often thought to pose a problem for animalism. Tim Bayne (2010) has recently offered some novel arguments against animalism based on one particular disunity case, namely Cerberus: a single animal with two heads, each housing its own stream of consciousness. I show that Bayne's arguments are flawed, and that animalism is capable of handling the (...) case. (shrink)

This essay poses the question of whether grassroots organizations can provide an alternative center of authority to the state in inducing multinational corporations to incorporate human rights criteria in their investment and trade decisions. In examining the anti-apartheid movement and attempts to replicate it in the 1990s in the campaigns against corporate involvement in Burma and Nigeria, it presents a mixed picture. In each case, citizen pressures increased the costs and risks of "business as usual" with target states and induced (...) corporations either to undertake social obligations or to disengage beyond what was required by national regulations or market forces. At the same time, nonstate actors are limited by the fact that they can induce but, unlike the state, cannot command corporate behavior; their success is dependent upon state policies; and their most powerful weapon—municipal procurement power—has been predominantly a U.S. phenomenon. (shrink)

If Martin Heidegger was a philosopher who poetized, Wallace Stevens was a poet who philosophized. In "The Sail of Ulysses," one of his later poems, Stevens speaks enigmatically of a "right to be." The phrase is straightforward, if taken to indicate the right to life. But Stevens is rarely, if ever, straightforward. The poem is much more understandable if we take "being" in a Heideggerian sense, as an understanding of what it means to be.

There are a number of strands to the knowledge we have of our own minds; two strands are these: we often know with ease what we are thinking and we often know with ease what it is we believe. This paper concerns the knowledge of what we are thinking; it pursues questions as to what kind of judgment subjects make about their own thoughts, how those judgments are formed and why they constitute knowledge; it also asks how these (...) judgments relate to the judgments subjects make about their own beliefs when they know with ease what they believe. It focuses on the account developed by Tyler Burge as part of his project of reconciling externalism about thought content with privileged self-knowledge. Burge's account is well known and influential; as such it is a fitting target for examination and criticism. (shrink)

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

The wide presence of the right to work in national and international legal texts contrasts with a lack of agreement about the concrete content of this right. According to the hegemonic interpretation, it consists of two elements: (a) extension of wage labour and (b) significant improvement of working conditions. However, if we study the history of right to work claims, especially from the French Revolution to 1848, we can notice that the meaning of this right was (...) rather wider in the past. Rescuing the historical significance of the right to work may help to face the problem of the future of work. In particular, and unlike what might seem at first sight, the claim that everyone should have his or her right to work guaranteed can be a way of articulating and concretizing issues such as workplace democracy, the organization of domestic work or the transition to a sustainable society. (shrink)

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. It intervenes in the current impasse (...) of human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

Many feminist theologians have creatively engaged in conversations surrounding the Trinity, presenting imaginative models and trinitarian formulations which serve to challenge traditional patriarchal imagery and affirm female personhood in all its diversity. Such feminist contributions are of undeniable value, however this article seeks to take a different approach to the Trinity. Moving beyond the question of how we might adequately speak the Trinity, it turns to address the question of how we might think the triune God. To the extent that (...) the two are related, both will be mentioned in this article, however the focus rests specifically on a dialogue with French feminist and literary theorist, Luce Irigaray, and the ways in which her two concepts of ‘self-love’ and ‘wonder’ might inform a trinitarian understanding of God. Essentially, it is argued that locating these concepts within a specifically trinitarian framework serves to support and affirm the subjectivity of women, establishing the Trinity in contradistinction to a phallocentric logic. (shrink)

This paper offers a brief comment on Jennings’ preceding paper, focusing on the capacity of a republican approach to public health ethics to facilitate reconceptualization of the right to health in situations of limited resources through a relational reading.