Environmental political theory poses new challenges to our received political concepts and values. Increasingly, we are reconceptualising nature as a subject rather than solely an object of politics. On one front, we are being challenged to think of natural entities as subjects of justice – as bearers of rights or interests that the political system should accommodate. On a second front, we are being challenged to see nature as a subject of power, constructed and ordered through scientific and political (...) practice. These reconceptualisations have significant implications for our political practices and institutions. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a (...) foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

An important figure in the natural law tradition and in the Scottish Enlightenment, Gershom Carmichael defended a strong theory of rights and drew attention to Grotius, Pufendorf, and Locke. Gershom Carmichael was a teacher and writer who played an important role in the Scottish Enlightenment of the eighteenth century. His philosophy focused on the natural rights of individuals--the natural right to defend oneself, to own the property on which one has labored, and to services contracted for (...) with others. Carmichael argued that slavery is incompatible with the rights of men and citizens, and he believed that subjects have the right to resist rulers who exceed the limits of their powers. Although he appealed to the authority of Grotius and Locke, the grounds on which he defended natural rights were distinctively his own. He drew upon the Reformed or Presbyterian theology to propose that, in respecting the natural rights of individuals, one shows one’s reverence for God’s creation. Inasmuch as all of mankind longs for lasting happiness, which can be found only in worship of or reverence for God, such reverence is the natural law which obliges all to respect the rights of all. Natural Rights includes Supplements and Observations on Pufendorf (1724), Natural Theology (1729), Logic (1722), two theses, and a manuscript on teaching, all in English for the first time. Gershom Carmichael (1672-1729) was the first professor of moral philosophy at the University of Glasgow, preceding Hutcheson, Smith, and Reid. James Moore is Professor of Political Science at Concordia University in Montreal. Michael Silverthorne is Honorary University Fellow in the School of Classics at the University of Exeter. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England. (shrink)

All the above views are statements of or from the so-called emotive theory of value, or are closely related to that theory. Where causal primacy lies or whether all these theories and views are effects of a more deep-laid cause is difficult to determine. Nevertheless, the common bonds between the various views are evident; the views themselves are prevalent. Any work which challenges the current subjective intuitionism in matters of "right," "good," and the like stands out in illuminated (...) relief. Such a work is Natural Right and History by Leo Strauss. (shrink)

TO assert that one should come to terms with the past if one wants to understand the present would be to underline the obvious. And yet, even though we know much more of the history of natural rights theories now, especially of the origin of these theories before the seventeenth century, than we did, say, twenty years ago, this increase in knowledge seems to have had little impact on contemporary philosophical discussions about the nature of rights. Sometimes it seems (...) that philosophers, especially the more analytically minded ones, regard the history of ideas as a separate subject with little or no relevance to their research. One of the reasons might be a tendency to regard conceptual analysis of rights as being relatively impartial between different theories in which these concepts might function. Even those who would allow for a close connection between a certain conception of the nature of rights and a theory of rights would find it prudent to distinguish more or less sharply between the question of what it means to have a right on the one hand, and the question which rights we have on the other hand. I would like to suggest that concepts of rights are the concepts of a theory and that we need to understand the theories from which they have emerged in order to fully understand contemporary rights language. One way of making this claim plausible would be to focus on an issue that has become central to contemporary debates about rights, that is, the conception of the rights-holder as a sovereign individual. I believe that our notion of individual sovereignty wavers between two quite different conceptions of sovereignty. The difference between the two will become obvious if we consider the relation between moral rights and more general moral obligations that people might have. I will then draw attention to a recent account of the history of natural rights theories. The point of doing so is this: if the account is true, then we have to acknowledge that ‘our’ ideas of natural rights (and especially of the sovereignty that people are supposed to possess according to these theories) have.... (shrink)

This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to (...) such reasonably disallowed actions. I argue that Scanlon’s invocation of the value of human life can be seen as an attempted grounding for this principle that is akin to standard natural rights attempts to ground fundamental rights. Lastly, I argue that the invocation of the value of human life does not in fact well support the sort of requirement of justifiability to others that characterizes this contractualist variant on natural rights theorizing; if anything, it better supports the sort of ascriptions of rights characteristic of traditional natural rights theorizing. Key Words: contractualism • natural rights • justifiability to others • wrongfulness. (shrink)

Fichte's Foundations of Natural Right was one of the most influential books in nineteenth-century philosophy. It was read carefully by Schelling, Hegel, and Marx, and initiated a tradition in German philosophy that considers human subjectivity to be relational and intersubjective, thus requiring relations of recognition between subjects. The essays in this volume highlight this little-understood book's most important ideas and innovations. They offer discussions of Fichte's conception of freedom, self-consciousness, coercion, the summons, the body, and human rights, together (...) with new analyses of his deduction of right, his views on the social contract, and his arguments for the separation of right from morality. The essays expand and deepen ongoing debates in the scholarship and chart new avenues of thought about Fichte's most enduring work of political philosophy. They will be essential reading for students and scholars of German Idealism, nineteenth-century philosophy, and the history of political thought. (shrink)

In recent years, policy debates in the United States have focused heavily on rising healthcare costs and what measures can be taken to ensure greater provision of healthcare to individuals of limited means. Much of the rhetoric on this subject has taken on an explicitly moral character, and one common sentiment is that healthcare is or should be viewed as a basic human right. However, the notion of a right to healthcare has not been well articulated, and critics (...) have failed to distinguish between legal and moral rights. Additionally, there are numerous problems inherent to viewing healthcare as a basic human right-many of which are in direct conflict with distinctly American conceptualizations of rights. The present paper reviews the debate over “rights”-both legal and natural-to healthcare, and argues that problems associated with natural rights arguments render them severely compromised. Instead, market systems commonly accepted in American society may be better suited to reducing healthcare costs and increasing access to services in the United States. (shrink)

In these times of walls and razor-wires, open borders appear to be more utopian than always. Nonetheless, philosophers like Joseph Carens and, similarly but earlier, Timothy King and James L. Hudson, famously argued that the major philosophical perspectives in the Western world—libertarian, egalitarian, and utilitarian—would support a right to freedom of international movement of people. What would be the relative default position from the standpoint of natural law theory? In this article, I present a general introduction on (...) class='Hi'>natural law theory and its role in and outside philosophy, before presenting claims specific to the migration debate. I then recall the defence of a right to free movement by two authors sympathetic to the natural-law tradition, Ann and Michael Dummett: a defence which is grounded in principles of fairness and reciprocity and develops elements belonging to international law. I also outline John Finnis’s more critical and nuanced position. Finnis is eager to legitimize state authority and the “special relations” binding fellow countrymen: however, I claim that the classic Thomist perspective in which he situates these claims ensure his respect of a right to international movement which could be characterized as a version of “open borders,” with some definitional restrictions and qualifications of this latter phrase. Finally, I deal with the theory of Alasdair MacIntyre. Trying to infer MacIntyre’s attitude toward migration from the classic but short article on patriotism, might turn out to be no less dif ficult than potentially misleading, especially if that article is not read in its details. Complementary elements are offered in MacIntyre’s account of natural law “as subversive.” On these grounds, I claim that, contrary to simplistic misreading of MacIntyre’s alleged “communitarianism,” MacIntyrean Aristotelian Thomism would endorse a theory of migration more compatible with reasonably conceived open borders. I conclude my chapter with a presentation of Aquinas’s concise intervention on the subject, and I show that it further supports my reading of the natural law tradition. (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)

This paper investigates the potential of the concept of sublimation for thinking subjectivity at the intersection of psychoanalysis and critical theory. I first rehearse a recent argument by Whitebook that Freud’s notion of sublimation presents a nonviolent integration and expansion of the ego, which can mediate the modern dichotomy between the rational subject and nonrational impulse and desire. On this view, sublimation turns subjectivity into a site of possibility in the context of modern, rationalized thought and society. I then argue (...) that the concept of sublimation offered to critical theory in this form is insufficiently developed. Both Freud and Adorno analyze a deep-seated destructiveness of the modern subject, which turns up right at the heart of attempts to mediate the dichotomies of rationalized modernity. What is needed to counter this problem is a theory of love in which love is not separated from, but, rather, correlated with drive and desire, and can thereby get on a level with the unconscious or unacknowledged, impulsive nature of death-bearing subjectivity in enlightened modernity. A central conception in Kristeva’s development of Freudian psychoanalysis, the idea of transference love, delivers such a theory and thereby develops the concept of sublimation in the way that is needed at the intersection of psychoanalysis and critical theory. (shrink)

In the opening sections of his Foundations of Natural Right, Fichte argues that mutual recognition is a condition for the possibility of self-consciousness. However, the argument turns on the apparently unconvincing claim that, in the context of transcendental philosophy, conceptions of the subject as an isolated individual give rise to a vicious circle the resolution of which requires the introduction of a second rational being to ‘summon’ the first. In this essay, my aim is to present a revised (...) account of the opening arguments on which they are more convincing. In particular, I argue that the problem of a circle is genuine and may be seen to result from a relation of mutual dependence between agency and cognition which ensures that for an exercise of either capacity to take place, an exercise of the other would have already had to have taken place with the result that neither can occur. Moreover, the solution is successful. The summons prevents us from being driven around the circle once more because it is a ‘synthesis’ that reconciles the constraint to which I am subject as a cognizer of independently given objects and my freedom as a self-determining subject. (shrink)

Ockham’s theory of natural rights was based on a careful definition of the basic juridical terms dominium and ius utendi, as well as on the idea of human agency and morality. By defining a right as a licit power of action in accordance with right reason (recta ratio), Ockham placed rights firmly in the agent. A right was a subjective power of action. Ockham’s theory of natural rights was influential for later natural rights (...) theories. Its advocates included leading thinkers of the sixteenth and seventeenth centuries, whose views on the right to life, its relation to the right to property, and the state of nature resembled those ideas already developed by Ockham approximately three hundred years earlier. (shrink)

The overall goal of the article is to reexamine Hobbes’s concern to respond to the challenges of the republican perspective on the relationship between the liberty of subjects and the political power. If, according to Skinner, republican theorists appealed to sources of classical antiquity, I argue that Hobbes chooses to offer a blend of classical and theological ideas in order to generate a “science” of the political life within the confines of a postlapsarian world dominated by passion and the fear (...) of death. If the image of God is maintained in the Hobbesian politics, it is because Hobbes needed a model of imitation of a stability that the individuals dominated by passions failed too often to have. Hobbes also needed a model of omnipotence and providence to be imitated by the sovereign. This complex relationship between the theological heritage of the past and the novelties inaugurated in political thought by Hobbes’s accent on human passions triggers a series of changes in Hobbes’s understanding of the law of nature and natural right. The article brings to discussion Hobbes’s indebtedness to Lactantius in reading Lucretius’s materialism, Augustine’s model of God as a Creator and the theological controversy between intellectualism and voluntarism when formulating his own anthropological perspective on “natural” and “civil” law and right. (shrink)

RESUMEN: Ha sido frecuente últimamente atribuir a los decretistas del siglo XII la primera formulación de los derechos naturales. Brian Tierney ha situado su origen en las obras de Rufino y Huguccio al comentar la parte “demostrativa” del derecho natural. Esta tesis supondría adelantar su nacimiento a una época dominada por la concepción objetivista del Derecho. Examinamos aquí la concepción del Derecho en los decretistas más importantes de la segunda mitad del siglo XII, Paucapalea, Rufino, Esteban de Tournai, Simón (...) Bisiniano y Huguccio, así como la relevancia que otorgaron estos juristas al Derecho desde una perspectiva subjetiva. ABSTRACT: Recently, it has often been attributed to the 12th century decretists the first formulation of natural rights. In this sense, Brian Tierney placed his origin in the works of Rufino and Huguccio, when they commented on the "demonstrative" part of natural law. This thesis would mean bringing forward his birth to an era dominated by the objectivist conception of Law. We examine here the conception of Law in the most important decretists of the second half of the 12th century (Paucapalea, Rufino, Esteban de Tournai, Simón Bisiniano and Huguccio) as well as the relevance that these jurists gave the law from a subjective perspective. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with his (...) higher faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They (...) address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan. (shrink)

The Declaration of Rights -- I mean the paper published under that name by the French National Assembly in 1791 -- assumes for its subject-matter a field of disquisition as unbounded in point of extent as it is important in its nature. But the more ample the extent given to any proposition or string of propositions, the more difficult it is to keep the import of it confined without deviation, within the bounds of truth and reason. If in the smallest (...) corners of the field it ranges over, it fail of coinciding with the line of rigid rectitude, no sooner is the aberration pointed out, than (inasmuch as there is no medium between truth and falsehood) its pretensions to the appellation of truism are gone, and whoever looks upon it must recognise it to be false and erroneous, -- and if, as here, political conduct be the theme, so far as the error extends and fails of being detected, pernicious. (shrink)

'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of rights, with (...) something to offer current discussions in rights theory. (shrink)

The Fichtean theory of self-consciousness and recognition, published in 1796 and 1797, must be understood in terms of the mutual formation of subjects insofar as they are rational and free beings. It is for this reason that this paper criticizes Stephen Darwall´s interpretation from the second person´s perspective. It also reconstructs the Fichtean theory of family, suggesting evidence of the relationships of recognition that structure it. In this way there are analogies between the original situation of summons and the formative (...) relationships at the core of the family community. (shrink)

In this text I investigate the increasing usage of the Rights of Nature to approach the task of Stewardship for the Earth. The Ecuadorian constitution of 2008 introduces the indigenous concept of Pachamama and interpretes nature as a subject of rights. Reflecting the two 2017 cases of the Whanganui River and the Gangotri and Yamunotri Glaciers, my main argument is that, although the language of individual rights relies on modern subjectivity as well as the constitutionalism of the secular nation state, (...) it is obviously seen as a trans-cultural tool to justify Human Stewardship over the Earth in the Age of Anthropocene. I argue that the new Rights of Nature debate “provides” a straightforward justification of the Stewardship for the Earth and it includes two moments aimed to transcend European Modernity. The Rights Approach justifies obligations towards nature beyond human interests and it appeals to indigenous knowledge as an alternative sphere of argumentation. The relation of this endevor to the Anthropocene is twofold: The indigenous worldviews can now be translated into Rights of Nature because of the two core items of the Anthropocene that are gaining more and more acceptance: the idea of the Earth as a system and of history as a non-linear process. The scientific description of the Earth system offered by the Anthropocene supports holistic narratives of the Rights of Nature and facilitates the recognition of non-Western worldviews. At the same time the Rights of Nature help to clarify the normative claims implicit in the Anthropocene because the integrity of natural items and processes is presented as the explicit reason for a responsible human stewardship towards the Earth. (shrink)

This paper is an exploration of the role of conscience in the justification of human rights. I argue that in both the western tradition of natural rights and the non-western traditions, human rights are justified, in part, because of their appeal to conscience, and not simply because they issue from a divine source or are based on reason. In contrast, contemporary justifications of human rights primarily look for an objective foundation or simply assert the pragmatic importance of human rights (...) as their justification. While there are distinct advantages to this way of arguing, there are also problems, which I will discuss. As an alternative, I outline Arendt's understanding of conscience as the ability to be with and think with one's self as a secular alternative to both a non-secular version of conscience, and the denial of conscience implicit in contemporary theories. Her view of political judgment helps us to understand how conscience can be understood as subjective but not arbitrary. This paper brings Arendt's insights on conscience and judgment to bear on contemporary discourses of human rights. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line (...) of attack is illustrated by the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

Annotation "Subjective, Intersubjective, Objective is the third volume of philosophical writings by Donald Davidson, whose influence on philosophy since the 1960s has been deep and broad. His first two collections, published by OUP in the early 1980s, are recognized as contemporary classics." "Now Davidson presents a selection of his work on knowledge, mind, and language from the 1980s and the 1990s. We all have knowledge of our own minds, knowledge of the contents of other minds, and knowledge of the (...) shared environment. Davidson examines the nature and status of each of these three sorts of knowledge, and the connections and differences among them. Along the way he has illuminating things to say about truth, human rationality, and the relations among language, thought, and the world." "This new volume offers a rich and rewarding feast for anyone interested in philosophy today, and is essential reading for anyone working on its central topics."--BOOK JACKET. Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Subjectivity is that feature of consciousness whereby there is something it is like for a subject to undergo an experience. One persistent challenge in the study of consciousness is to explain how subjectivity relates to, or arises from, purely physical brain processes. But, in order to address this challenge, it seems we must have a clear explanation of what subjectivity is in the first place. This has proven challenging in its own right. For the nature of subjectivity itself seems (...) to resist straightforward characterization. In this paper, I won't address how subjectivity relates to the physical. Instead, I'll address subjectivity itself. I'll do this by introducing and defending a model of subjectivity based on self-acquaintance. My model does not purport to reduce, eliminate, or naturalize subjectivity, but it does make subjectivity more tractable, less paradoxical, and perhaps less dubious to those averse to obscurity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 33.2 (2005) 71-97 [Access article in PDF] The Subject of Religion Lacan and the Ten Commandments Kenneth Reinhard Julia Reinhard Lupton Despite Freud's Nietzschean unmasking of religion as ideology, psychoanalysis has frequently been attacked as itself a religion, a cabal of analyst-priests dedicated to the worship of a dead master. Such critics "do not believe in Freud" in much the same way as atheists "do not believe in (...) God," and their rejections of psychoanalysis in the name of the secular partake in the very structure of religious thought they claim to repudiate. In Seminar XXI: Les non-dupes errent, Lacan comments on the blindness of the atheistic insight concerning religion: "I know that you're not believers, right? But that doesn't mean that you aren't all the more conned... because even if you are not believers, you still believe in that aspiration [for the love of God]. I won't say that you suppose it; rather, it supposes you" [Dec. 18, 1973; our trans.]. In Lacan's analysis, it is not that secular intellectuals suffer from unexamined religious "suppositions" or assumptions, to be swept away through a little ideology-critique or time on the couch. The case is rather, in Lacan's strong formulation, that religious discourse supposes us—supports and underwrites our very structures of being, subjectivity, and social interaction. That is, the secular subject is produced by the religious discourses that precede and continue to speak through it; the challenge for the contemporary critic is not to silence or debunk those discourses, but rather to bring the modern subject to assume responsibility for their enunciation.Throughout the decades of his seminar, Lacan addressed the monotheistic foundations of Western subjectivity as a set of discursive ruptures or cuts which continue to scar and brand the modern subject beyond their secular abrogation. Distinguishing between Freud "the individual with his atheistic profession of faith" and "the Freud who was the first to acknowledge the value and relevance of [the] myth... we call the death of God" [S VII 192–93], Lacan insists that Freud regarded monotheism as an epochal divide that irrevocably altered all that came before and after it: "On the left of this [monotheistic] message, there are some things that are henceforth outdated, obsolete; they no longer hold beyond the manifestation of the message. On the right, things are quite different" [172]. What, in Lacan's analysis, is the difference that monotheism has made, both during its periods of dominance and after? The laws, narratives, and symbols of monotheism continue to undergird key fantasies of personhood, nationhood, and neighborhood in the modernity that purports to have supplanted them. In Lacan's formulation, monotheism "supposes" the subject of these fantasies, precipitating it from out of the expanse of signifiers and in relation to a sublime object of both unbearable enjoyment and social obligation. Moreover, it is the scandal and the gift of monotheism that it not only creates moments of traumatic singularity, but also thinks the singular as trauma, rending the fabric of an animistic nature which would unite every polarity of being in the fullness of a sexual relation. Unlike the gods of Greek philosophy, the monotheistic God is not part of the nature he creates. In its decisive thinking of singularity, monotheism elicits and eludes all rapprochement with philosophical conceptions of the One, whether in the guise of Hellenized Judaism, Pauline theology, or Arab Aristotelianism. Lacan extends the monotheistic project of thinking singularity [End Page 71] by insisting that "there is something of One" [il y a de l'Un]—not the self-identical One of Greek logic, mathematics, and cosmology, but the One of a violent rupture that creates subjects and their worlds around a void, an un that un-does the primacy it speaks.If, from the Lacanian vantage, the singular invention of the God shared by the People of the Book forever separates religion from philosophy, we would also insist that religion is not simply a subset of "culture," understood as the symbolic practices that unify a people... (shrink)

Presents an introduction to the subject, suggestions on searching the Internet, and a bibliography of literature on animal nature, fatal and nonfatal uses, ...

In the latter period of his work, Samuel Beckett began to devote much of his writing to exploring the nature of the voice and the gaze. Even those works that directly concerned silence and blindness implicitly thematized the voice and the gaze by embodying their absence. With later works, Beckett began to call into question the way in which these phenomena contributed to the constitution of subjects, modes of self-identification, and their relation to chosen objects of desire. In the 1950s (...) and 1960s, Beckett produced dozens of short pieces of prose and theatrical works that wholly dispensed with traditional plot and character in favor of a series of experimental reductions, for example, to breath and light, to a disembodied voice, or to a mouth illuminated by a point of light. Jacque Lacan, who would come to secure the place of the voice and the gaze in the philosophical canon, wrote and lectured on these concepts at the same time. If brought into dialogue, the work of each thinker—each highly nuanced and complex in its own right—can serve as a hermeneutic tool for better elucidating the function of the voice and the gaze and the role that they play in the formation of subjects. A great deal of critics have erroneously overlooked Lacan’s insistence that when he invokes these concepts he is not speaking about the phenomenal voice or the gaze of perception as such; similarly, Beckett’s work, though it directly thematizes their phenomenal aspects, treats these concepts in a thoroughly Lacanian manner. (shrink)

The notion of being-at-home-in-otherness is the distinctive way of thinking of freedom that Hegel develops in his social and political thought. When I am at one with myself in social and political structures they are not external powers to which I am subjected but are rather constitutive of my self-relation, that is my self-conception is mediated andexpandedthrough those objective structures. How successfully Hegel may achieve being-at-home-in-otherness with regard to these objective structures of right in thePhilosophy of Rightis arguable. What (...) is at issue in this paper is however to argue that there is a blind spot in the text with regard to nature. In Ethical Life the rational subject's passions and inclinations are brought into the subject such that she is ‘with herself’ in them; with regard to external nature no such reconciliation is achieved or even attempted. In Abstract Right external nature is effectively dominated by and subsumed into the will and it is never something in which one is with oneself. It remains outside the model of freedom that Hegel develops in thePhilosophy of Right. There is something troubling about this formulation, since it excludes nature from freedom, but also something accurate, as it reflects the unresolved attitude of moderns to the natural world. (shrink)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations (...) for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)

No global professional codes for the natural science and technology professions exist. In light of how the application of new technology can affect individuals and communities, this discrepancy warrants greater scrutiny. This article analyzes the most relevant processes and seeks to explain why these processes have not resulted in global codes. Moreover, based on a human rights approach, the article gives recommendations on the future process and content of codes for science and technology professions. The relevance of human rights (...) in the realm of individual conduct is based on the fact that while human rights treaties primarily outline State obligations, individuals have responsibility for human rights promotion. Human rights principles have only recently been subject to interests from policy makers and academics, and must be better clarified. Human rights principles are found to be relevant, but are effective only if they are applied in conjunction with substantive human rights. (shrink)

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, (...) this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law. (shrink)

This article considers whether any interpretation of the idea of equal claims to the natural world can resolve the Canyon Dilemma (i.e. can justify protecting the Grand Canyon but not a small canyon from mining by a poor generation). It first considers and ultimately rejects the idea of subjecting natural resource rights to an intergenerational equal division. It then demonstrates that a pluralist theory of environmental justice committed to both respect for the separateness of persons and to the (...) collective good can justify a type of intergenerational non-absolute equal division of natural resource rights that can navigate the Canyon Dilemma. (shrink)

The notions of subject matter and aboutness have been objects of considerable attention among philosophers over the last few years. Current theories of subject matter take sentences to be the primary bearers of subject matter: “sentences have aboutness properties if anything has” (Yablo, Aboutness, Princeton University Press, 2014). However, some subsentential expressions can also be thought of as being about something. Moreover, it appears that the subject matters of sentences depend in a systematic way on the aboutness properties of their (...) subsentential components. In this paper, we focus on the question of what predicates are about. We provide an account of predicative subject matter in which subject matters are assigned to predicates in a natural way, and which can be smoothly integrated with some existing accounts of sentential subject matter. We also argue that the notion of predicative subject matter is a worthy object of study, both within the current debate on subject matter and in its own right. (shrink)

As Next Generation Sequencing technologies are increasingly implemented in biomedical research and care, the number of study participants and patients who ask for release of their genomic raw data is set to increase. This raises the question whether research participants and patients have a legal and moral right to receive their genomic raw data and, if so, how this right should be implemented into practice. In a first step we clarify some central concepts such as “raw data”; in (...) a second step we sketch the international legal framework. The third step provides an extensive ethical analysis which comprehends two parts: an evaluation of whether there is a prima facie moral right to receive one’s raw data, and a contextualization and discussion of the right in light of potentially conflicting interests and rights of the data subject herself and third parties; in a last fourth step we emphasize the main practical consequences of the ethical analyses and propose recommendations for the release of raw data. In several legislations like the new European General Data Protection Regulation, patients do in principle have the right to receive their raw data. However, the procedural implementation of this right and whether it involves genetic counselling is at the discretion of the Member States. Even more questions remain with respect to the research context. The ethical analysis suggests that patients and research subjects have a moral right to receive their genomic raw data and addresses aspects which are also of relevance for the legal discussion such as the costs of release of raw data and its impact on academic freedom. Taking into account the specific nature and implications of genomic raw data and the contexts of research and health care, several concerns and potentially conflicting interests of the data subjects themselves and involved researchers, physicians, biomedical institutions and relatives arise. Instead of using them to argue in favor of restrictions of the data subjects’ legal and moral right to genomic raw data, the concerns should be addressed through provision of information and other measures. To this end, we propose relevant recommendations. (shrink)

Medical law and Biopolitics shed specific light on the relationship of subject and power/violence in legal contexts. For our species, medicine is an essential endeavour vis-à-vis nature which is „red in tooth and claw“. Medicine, however, is driven by autopoietic systemic imperatives and marked by relations of domination. Guaranteeing robust individual rights and legal powers is a remedy against both.

This book explores a radically integrative phenomenology of nature through the work of Maurice Merleau-Ponty. By revisiting novel empirical findings in the sciences and advances in scientific methods and concepts, Merleau-Ponty leads us to rediscover a first nature right at the heart of the subject. Alessio Rotundo traces and documents the presence of a double meaning of nature affecting Merleau-Ponty's analyses across foundational aspects of human experience: sense perception, organic development and behavior, cognition, language, and history. Physical, biological, and (...) psychological processes in nature are not merely scientific data; they provide the evidence for another, more primordial sense of nature. (shrink)

This article examines Grotius’s use of a Roman tradition to establish his notion of a natural and international law in his early treatise De iure praedae (1604-1606). It is argued that De iure praedae, on a methodological level, constituted an attempt to introduce a new doctrine of sources of law by making use of the method of classical rhetoric. On a substantive level, the treatise must be seen as growing out of a Ciceronian tradition of natural law arguments (...) in favor of just war, a tradition further enriched by Grotius with concepts taken from the property law of the Digest. These concepts afforded Grotius with the substantive framework to develop his doctrine of subjective natural rights as sketched in the hitherto unpublished early manuscript Theses LVI. An implication of this investigation of the Roman foundations of Grotius’s theory of natural law is that it challenges widespread assumptions about the “positive” character of ancient liberty. (shrink)

Offers a re-assessment and overview of Hegel's philosophy of right, a key element of his political thought.

The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many other national (...) constitutions and international conventions. Nevertheless, several important characteristics of the Constitution—indeed its most important characteristics—are clear and admirable applications of the natural law. The principal drafters of the Constitution believed that God, in creating the universe, implanted in the nature of man a body of law to which all human beings are subject, which is superior to all manmade law, and which is knowable by human reason. Thus, the natural law of the American founders was traditional natural law as understood and expounded by classical and Medieval writers and carried forward in the English common law, and not the “Enlightenment” versions in vogue in eighteenth-century Europe. The classical-traditional natural law understanding of Madison, Hamilton, Wilson, and other leaders of the Philadelphia Convention are reflected in the three most important characteristics of the Constitution: the principle of limited government; the principle of subsidiarity (in both political and larger societal matters); and the practice of guaranteeing traditional rights, and only as against government. (shrink)

Both as cardinal and as Pope Benedict XVI, one of Josef Ratzinger's consistent concerns has been the foundational moral imperatives of the natural law. In 2004, then Cardinal Ratzinger requested that the University of Notre Dame study the complex issues embedded in discussions about "natural rights" and "natural law" in the context of Catholic thinking. To that end, Alasdair MacIntyre provided a substantive essay on the foundational problem of moral disagreements concerning natural law, and eight scholars (...) were invited to respond to MacIntyre's essay, either by addressing his work directly or by amplifying his argument along other yet similar paths. The contributors to this volume are theologians, philosophers, civil and canon lawyers, and political scientists, who reflect on these issues from different disciplinary perspectives. Once the contributors' essays were completed, MacIntyre responded with a closing essay. Throughout the book, the contributors ask: Can a persuasive case for a foundational morality be made etsi Deus daretur? And, of course, persuasive to whom? The exchanges that take place between MacIntyre and his interlocutors result, not in answers, but in rigorous attempts at clarification. __Intractable Disputes about the Natural Law__ will interest ethicists, moral theologians, and students and scholars of moral philosophy. "Lawrence Cunningham has assembled an esteemed group of scholars to provide incisive analyses of the contemporary state of natural law theory, particularly in light of Alasdair MacIntyre's groundbreaking work. The essays are lucid, engaging, and intellectually sophisticated. __Intractable Disputes about the Natural Law_ _is a must-read not only for moral theologians, but for anyone concerned about the conceptual foundations of human rights, human dignity, and moral dialogue in pluralistic societies." --_Stephen J. Pope, Boston College_ "MacIntyre's first essay, on its own, would make this book an important scholarly contribution. But the ensuing contributions enable the book to flourish further, with contributions on subjects both readily associated with natural law and moral disagreement as well as those more creatively connected to the genesis of the text. Cunningham's volume both broadens and deepens contemporary thinking on a perennial topic, and will richly reward its readers." --_William C. Mattison III, The Catholic University of America_. (shrink)

Focusing on contemporary Bolivia, this article examines promises and pitfalls of political and legal initiatives that have turned Pachamama into a subject of rights. The conferral of rights on the indigenous earth being had the potential to unsettle the Western ontological distinction between active human subjects who engage in politics and passive natural resources. This essay, however, highlights some paradoxical effects of the rights of nature in Bolivia, where Evo Morales’ model of development relies on the intensification of the (...) export-oriented extractive economy. Through the analysis of a range of texts, including paintings, legal documents, political speeches and activist interventions, I consider the equivocation between the normatively gendered Mother Earth that the state recognises as the subject of rights, and the figure of Pachamama evoked by feminist and indigenous activists. Pachamama, I suggest, has been incorporated into the Bolivian state as a being whose generative capacities have been translated into a rigid gender binary. As a gendered subject of rights, Pachamama/mother Earth is exposed to governmental strategies that ultimately increase its subordination to state power. The concluding remarks foreground the import of feminist perspectives in yielding insights concerning political ontological conflicts. (shrink)

The Subject of Human Being presents a sweeping account of the nature of human existence. As a work of philosophical anthropology, the analysis ranges from the basic powers emerging from the mind, to our extraordinary psychological capacities, to the shared sociocultural worlds we inhabit. The book integrates different perspectives on social ontology from a selection of philosophers and theorists, whose advances toward understanding the relationship between individuals and society ought to revolutionize social theory as understood and practiced in the social (...) sciences and humanities. Although grounded in critical realist philosophy of Roy Bhaskar and social theory of Margaret Archer, the book also draws from philosophy of mind, phenomenology of consciousness, psychoanalytic theory, virtue ethics, and personalism to support and extend its arguments. Four elements of human existence are examined: the nature of consciousness, agency, subjectivity, and the social world. Thus, it addresses related issues of power, the agent-structure problem, the formation of beliefs and desires, human universals, and human rights. Portraying a unified social theory that is materialist, realist, dialectical, and centered on emergence, and offering a comprehensive and progressive theory of human being, this book is essential reading for students and scholars of critical realism, philosophy, and the social sciences. (shrink)

In this paper I introduce the ‘changing the subject’ problem. When proponents of animal protection use terms such as dignity and respect they can be fairly accused of shifting debate from welfare to rights because the terms purportedly refer to properties and values that are logically distinct from the capacity to suffer and the moral significance of causing animals pain. To avoid this problem and ensure that debate proceeds in the familiar terms of the established welfare paradigm, I present an (...) expressivist analysis of animal rights vocabulary. When terms such as dignity and respect are understood in line with the theory of moral language use known as expressivism, proponents of animal protection that use these terms can escape the charge of changing the subject. Drawing upon Helm’s theory of love, I show how the usage of rights vocabulary can be respectable way for people to register their concern for the welfare of animals, even at times when it is unlikely that the animals concerned are suffering. Tying rights vocabulary to welfare via expressivism aligns the aims of animal rights with welfare without the theoretical problems associated with attempts to ‘reduce’ dignity or respect to natural behaviour or inherent value. (shrink)

The social sciences often fail to examine in any systematic way the nature of their subject matter. Demonstrating that this is a central explanation of the widely acknowledged failings of the social sciences, not least of modern economics, this book sets about rectifying matters. Providing an account of the nature of social material in general, as well as of the specific natures of central components of the modern world, such as money and the corporation, Lawson also considers the implications of (...) this theory regarding possibilities for social change. Readers will gain an understanding of how social phenomena, from tables and chairs, to money and firms, and nurses and Presidents are constituted. Fundamental to Lawson's conception is a theory of community-based social positioning, whereby people and things within a community become constituted as components of emergent totalities, with actions governed by the rights and obligations of relevant members of the community. This theory isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. (shrink)

In the first study to examine F. W. J. Schelling's political thought, Velimir Stojkovski not only unearths a neglected dimension of the influential thinker's philosophy but further shows what it can teach us about our ethical and political responsibilities today. Unlike Hegel or Fichte, Schelling never wrote a political treatise. Yet by reconstructing the portions of such works as The New Deductions of Natural Right that deal explicitly with the political and by thematically rethinking parts of his writings (...) that have a clear repercussion on politics - in particular those on nature, freedom and religion - this book reveals the centrality of politics to his oeuvre. Revisiting his corpus in this way, Stojkovski uncovers a number of ways we can learn from Schelling and his reception. He examines how Schelling's views on nature can clarify our moral and political obligations to the non-human world and further demonstrates how the separation of ontology as first philosophy from the ethico-political has resulted in a fragmented view of the status of the political subject and thus the body politic. Forcefully renouncing this fragmentation, Stojkovski explores how the same divide has contributed to the ongoing political turmoil in Europe and America. Combining an exploration of German Idealism with contemporary concerns, this is an essential study that will introduce readers to a new Schelling: a political thinker for the 21st century. (shrink)