What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes (...) the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse. (shrink)

In this impassioned polemic, radical environmental philosopher Derrick Jensen debunks the near-universal belief in a hierarchy of nature and the superiority of humans. Vast and underappreciated complexities of nonhuman life are explored in detail--from the cultures of pigs and prairie dogs, to the creative use of tools by elephants and fish, to the acumen of caterpillars and fungi. The paralysis of the scientific establishment on moral and ethical issues is confronted and a radical new framework for assessing the intelligence (...) and sentience of nonhuman life is put forth. Jensen attacks mainstream environmental journalism, which too often limits discussions to how ecological changes affect humans or the economy--with little or no regard for nonhuman life. With his signature compassionate logic, he argues that when we separate ourselves from the rest of nature, we in fact orient ourselves against nature, taking an unjust and, in the long run, impossible position. Jensen expresses profound disdain for the human industrial complex and its ecological excesses, contending that it is based on the systematic exploitation of the earth. Page by page, Jensen, who has been called the philosopher-poet of the environmental movement, demonstrates his deep appreciation of the natural world in all its intimacy, and sounds an urgent call for its liberation from human domination. (shrink)

Journal of Social Philosophy, EarlyView.

A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through irrespective of how we (...) ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing. (shrink)

Journal of Political Philosophy, Volume 30, Issue 3, Page 273-297, September 2022.

This paper argues that, at least in the context of employment, we should reconsider the applicability of the dominant framework in the contemporary literature on exploitation, which views exploitation as a micro-level moral wrong. I present a novel argument showing that these micro-level theories share commitments inconsistent with taking exploitation seriously as a moral wrong. Given the difficulties these theories face, I argue that we should pursue a structural theory of exploitation, and I give a brief sketch of what such (...) a theory might look like. (shrink)

We characterize, in terms of determinacy, the existence of 0 ♯♯ as well as the existence of each of the following: 0 ♯♯♯ , 0 ♯♯♯♯ ,0 ♯♯♯♯♯ , .... For k ∈ ω, we define two classes of sets, (k * Σ 0 1 ) * and (k * Σ 0 1 ) * + , which lie strictly between $\bigcup_{\beta and Δ(ω 2 -Π 1 1 ). We also define 0 1♯ as 0 ♯ and in general, 0 (...) (k + 1)♯ as (0 k♯) ♯ . We then show that the existence of 0 (k + 1)♯ is equivalent to the determinacy of ((k + 1) * Σ 0 1 ) * as well as the determinacy of (k * Σ 0 1 ) * +. (shrink)

According to 2021 data, the United States’ opt-in system of posthumous organ donation results in seventeen Americans dying each day waiting for vital organs, while many good undonated organs go to the grave with the corpse. One of the most aggressive, and compelling, proposals to resolve this tragedy is postmortem organ conscription, also called routine salvaging or organ draft. This proposal entails postmortem retrieval of needed organs, regardless of the prior authorization or refusal of the deceased or his family. The (...) argument of most proponents of conscription relies heavily upon a denial of the possibility of posthumous harms. While I also deny the possibility of posthumous harms, I argue this denial fails to acknowledge other serious wrongs that could be done to the deceased person and his corpse. While the person can no longer be harmed, his _life_, in a roughly biographical sense, can be damaged. Humans highly value life in this sense, often more than biological life. Respect for this sense of life also informs appropriate treatment of particular human corpses, which already have special value beyond mere resource. I will argue that conscription proponents fail to appropriately value lives and human corpses. This failure can lead to multiple wrongs, among them a wrongful exploitation of the vulnerability of a person’s life and corpse and a disrespect of persons. While it is possible that some biographical lives could be made better, or at least less bad, by conscription, the judgments such decisions would require make conscription bad policy. (shrink)

Drawing on social psychological evidence showing that the perspective from which the economically advantaged and disadvantaged view economic inequalities matters a great deal for how they are appraised, for when they are considered unfair, and for what evidentiary standards individuals rely upon to reach their conclusions, we argue that choice egalitarianism is unsuitable for articulating the demands of justice when people not only disagree about the causes of inequality but also have motivated reasons to adopt different standards for appraising its (...) fairness. Because choice egalitarianism requires us to take a stand on the causes of inequality it is an unsuitable ideal. This is a serious shortcoming when we are interested in getting people to assume collective responsibility for doing something about inequality in the real world. (shrink)

Guideline 20 of the updated International Ethics Guidelines for Health‐related Research Involving Humans (2016) by the Council for International Organizations of Medical Sciences (CIOMS) provides guidance on research in disasters and disease outbreaks against the background of the need to generate knowledge quickly, overcome practical impediments to implementing such research, and the need to maintain public trust. The guideline recommends that research ethics committees could pre‐screen study protocols to expedite ethical reviews in a situation of crisis, that pre‐arrangements be made (...) regarding data sharing and biomedical sample sharing, and that sponsors and research ethics committees seek to minimize risk to researchers conducting research during a disaster. This paper critiques these recommendations against the background of the findings of a survey of public health officials and chairs of research ethics committees in the Caribbean during 2016, which sought to determine the best template for the expeditious ethical review of research proposals in emergency and epidemic situations in the Caribbean, and whose findings can serve as a model for other low‐ and middle‐income countries. (shrink)

Rights externalism, a view I defend in Rights, Race, and Recognition, takes social recognition to be a condition for being a rights bearer. I vindicate this view by answering two recent critics. I concede some ground, particularly with respect to their reservations about what we gain, but argue that claims about what we stand to lose are overblown. I conclude that rights externalism is not detrimental to the critique of racial injustice, and that embracing it has noteworthy virtues. The most (...) significant is that it affords us a conception of rights that takes the realities of lived experiences seriously. (shrink)

From the New York Times bestselling author Derrick Bell, a profound meditation on achieving success with integrity. As one of the country's most influential law professors, Derrick Bell has spent a lifetime helping students struggling to maintain a sense of integrity in the face of an overwhelming pressure to succeed at any price. Frequently asked how he managed to be so extraordinarily successful while never giving up the fight for justice and equality, Bell decided to spend his seventieth (...) year writing a book of insight and guidance. The result, Ethical Ambition , is a deeply affecting, uplifting, and brilliant series of meditations that not only challenges us to face some of the most difficult questions that life presents, but dares to offer some solutions. Using incidents from his own life, Bell also looks to literature, history, and other contemporary figures who have refused to compromise their beliefs. In chapters that explore passion, faith courage, inspiration, humility, and relationships, Ethical Ambition address the most fundamental issues of life. (shrink)

In this collection of interviews, Derrick Jensen discusses the destructive dominant culture with ten people who have devoted their lives to undermining it. Whether it is Carolyn Raffensperger and her radical approach to public health, or Thomas Berry on perceiving the sacred; be it Kathleen Dean Moore reminding us that our bodies are made of mountains, rivers, and sunlight; or Vine Deloria asserting that our dreams tell us more about the world than science ever can, the activists and philosophers (...) interviewed in How Shall I Live My Life? each bravely present a few of the endless forms that resistance can and must take. (shrink)

Various forms of research are essential in emergency, disaster and disease outbreak situations, but challenges exist including the long length of time it takes to get research proposals approved. Consequently, it would be very advantageous to have an acceptable model for efficient coordination and communication between and among research ethics committees/IRBs and ministries of health, and templates for expediting ethical review of research proposals in emergency and epidemic situations to be used across the Caribbean and in other low and middle (...) income countries. This project involved a literature search and the interviewing of ministry of health officials, public health practitioners, and research ethics committee/IRB members in Jamaica and St. Lucia, to obtain suggestions for the best model for efficient coordination and communication between research ethics committees, and developed a template for expediting review of research protocols in epidemic and emergency conditions. (shrink)

Realising the societal gains from publicly funded health and medical research requires a model for a reflexive evaluation precedent for the societal impact of research. This research explores UK Research Excellence Framework evaluators’ values and opinions and assessing societal impact, prior to the assessment taking place. Specifically, we discuss the characteristics of two different impact assessment extremes – the “quality-focused” evaluation and “societal impact-focused” evaluation. We show the wide range of evaluator views about impact, and that these views could be (...) conceptually reflected in a range of different positions along a conceptual evaluation scale. We describe the characteristics of these extremes in detail, and discuss the different beliefs evaluators had which could influence where they positioned themselves along the scale. These decisions, we argue, when considered together, form a dominant definition of societal impact that influences the direction of its evaluation by the panel. (shrink)

all the violence in hip hop? Does po-po wield legit authority in the hood? Where does the real Kimberly Jones end and the persona Lil' Kim begin? Is hip-hop culture a "black" thang?

Some political philosophers have recently argued that providing K–12 students with an adequate education suffices for social justice in education provided that the threshold of educational adequacy is properly understood. Others have argued that adequacy is insufficient for social justice. In this article I side with the latter group. I extend this debate to racial inequality in education by considering the controversial practice of paying students cash for grades to close the racial achievement gap. I then argue that framing the (...) demand for racial justice in education solely in terms of educational adequacy leaves us unable to take issue with the cash for grades policy as a matter of principle. While this does not entail that educational adequacy is unimportant, it adds to the general case for why adequacy does not suffice for social justice. (shrink)

The life perspectives of persons with disabilities have been neglected in many countries and particularly in lower- and middle-income countries that have fewer resources to adequately address the societal needs of these persons. Bioethics purports normative standards for the way in which we treat with others, and the virtue of care should be at the heart of everyday life. Human rights are norms that aspire to protect all persons everywhere. Within this milieu, persons with disabilities who make up a significant (...) portion of all societies worldwide meet many social barriers that inhibit their quality of life and leave them greatly disadvantaged in comparison to able-bodied persons. This article focuses on the notion of quality of life, the presumed perspectives of biomedicine and bioethics on disability, the neglect of the lived experience of persons with disabilities, and the discrimination underlying the struggle for equal rights and opportunities for persons with disability. It argues for equal access to social and beneficial medical interventions for persons with disabilities; that persons with disabilities should be seen as different but equal; that their contributions to societal deliberations would enhance the richness of thought, views, narratives and perspectives; and that society should stop using the term disability and use instead the less value-laden term anomaly. Finally, it recommends educational campaigns to change negative attitudes towards persons with predicaments or anomalies, the respecting of human diversity, collaboration between upper-income and lower- and middle-income countries to develop strategies that seek to change negative attitudes towards persons with anomalies, and the inclusion worldwide of all these matters as a part of a bioethics agenda that advocates for respecting the human rights of persons with anomalies. (shrink)

In the Caribbean as in many other areas costly biomedical resources and personnel are limited, and more and more people are turning to alternative medicine and folk practitioners for health care. To meet the goal of providing health care for all, research on nonbiomedical therapies is needed, along with legal recognition of folk practitioners to establish standards of practice.

The Harvard Report, published in April 1999 for public consultation in Hong Kong, proposed a fundamental restructuring in its health care delivery and financing systems. The Report claims to be evidence-based in its approach (Hsiao et al., 1999a). While 'evidence' has been widely collected by the consultancy team through surveys, consultations and focus groups, the recommendations put forth are not value-free. They carry clear ideological preferences. The value assumptions and ethical presuppositions underlying the report are discussed in this paper. The (...) Harvard consultancy study is in favor of a positive government role in regulation and control, a single central body to administer compulsory health insurance for all citizens, and a purchaser-provider split to induce competition. Such preference is based on pre-existing ideology and generic health care management concepts, which are still in the experimental phase internationally. While value and ideology are inevitable factors in any policy choice, the challenge is to lay these values open for reflection and public debate. For Hong Kong, the challenge is also to take on local substantive issues in health care and deal with them head-on, rather than putting hope in a universal, generic solution. (shrink)

The current study highlights individual differences in the joint articulation strategies used by novices practicing a hip-hop dance movement, the wave. Twelve young adults, all naive regarding hip-hop dance performance, practized the wave in 120 trials separated into four blocks with the order of internal or external attentional focus counterbalanced across subjects. Various kinematic analyses were analyzed to capture performance success while exploiting the observed individual differences in order to establish the reliability of the proposed performance indicators. An external focus (...) of attention marginally facilitated the smooth transfer of a wave motion across neighboring limb segments as characterized by a constant propagation speed combined with large wave amplitudes. Systematic correlations between the success indicators were found, exemplifying the various degrees of joint articulation that novices prove capable of during an initial practicing session to try and perform a novel complex motor task. (shrink)

Art historians have often discussed Andy Warhol's Factory as a unique creative space in 1960s Manhattan. Similarly, scholars of dance and performance have provided valuable insight into the vanguard activities associated with the Judson Dance Theater located near Union Square. Few studies take time to compare these two places and consider their relationships to one another. This article looks at Warhol's Silver Factory and the performances that took place at Judson Memorial Church more or less simultaneously with a goal of (...) identifying overlapping actors and establishing shared concerns and a sense of radical inclusivity that existed at both sites. (shrink)

This paper explores the complex institutional processes that comprise the global governance of cyberinfrastructure and examines the impact of these elite regime formation processes on developing countries and transnational civil society organizations. Based on a concurrent, mixed-methods study of the United Nations-sponsored World Summit on the Information Society (WSIS), we find that policy-actors from developing countries and civil society organizations have been less effective than other actors in influencing these processes. Finally, we recommend future research on the use of ICTs (...) to strengthen the effective participation of developing countries and transnational civil society organizations in these processes. (shrink)

This paper defends a social practiceconception of moral rights possession againstwhat many of its critics take to be a decisiveobjection, namely that such a conceptionprevents us from using moral rights forcritical purposes.

Rights externalism is the thesis that a subject's status as a rightholder is secured not on account of it having a certain nature, but on account of it being afforded a certain sort of social recognition. I believe that rights externalism has been given short shrift, largely because a certain objection is widely taken to be a compelling reason for rejecting it. This objection goes roughly as follows. Both in theory and in practice we commonly appeal to the fact that (...) subjects possess certain nonconventional rights (independently of whether these rights have been socially recognized) to criticize immoral social practices, arrangements, and institutions. But if being a rightholder is directly determined by whether subjects have been afforded a certain sort of social recognition, then we cannot appeal to the fact that subjects possess certain nonconventional rights for critical purposes in some instances, namely, in those instances where the relevant social recognition has not been extended. Although this objection is taken by some rights internalists to justify favoring rights internalism over rights externalism, I argue that it does not. (shrink)

I was in bondage in Missouri, too. I can't say that my treatment was bad. In one respect I say it was not bad, but in another I consider it was as bad as could be. I was a slave. That covers it all. I had not the rights of a man. It cannot be too often repeated: peasants and workmen have no natural rights, not one. Only we ought instantly to add, that kings and nobles have none either.