The standard of care in the United States favors stabilizing any adult who arrives in an emergency department after a failed suicide attempt, even if he appears decisionally capacitated and refuses life-sustaining treatment. I challenge this ubiquitous practice. Emergency clinicians generally have a moral obligation to err on the side of stabilizing even suicide attempters who refuse such interventions. This obligation reflects the fact that it is typically infeasible to determine these patients’ level of decisional capacitation—among other relevant information—in this (...) unique setting. Nevertheless, I argue, stabilizing suicide attempters over their objection sometimes violates a basic yet insufficiently appreciated right of theirs—the right against bodily invasion. In such cases, it is at least prima facie wrong to stabilize a patient who wants to die even if they lack a contrary advance directive or medical order and suffer from no terminal physical illness. (shrink)

I defend a novel account of the wrong of subjecting people to non-consensual sterilization (NCS), particularly in the context of the state-sponsored eugenics programmes once prevalent in the United States. What makes the eugenic practice of NCS distinctively wrong, I claim, is its dehumanizing core: the fact that it is tantamount to treating people as nonhuman animals, thereby expressing the degrading social meaning that they have the value of animals. The practice of NCS is prima facie seriously wrong partly, but (...) crucially, on these grounds. I consider and reject accounts of the wrong of NCS that make no reference to its animalizing character, such as that it violates victims’ (procreative) autonomy, amounts to treating them merely as a means, inflicts psychological harm on them, or constitutes an affront to their human dignity. My discussion suggests that the critical vocabulary of bioethics should be expanded beyond talk of rights-violations, benefits and harms, and equal treatment—and that the language of dehumanization is indispensable to bioethicists. (shrink)

Humanism is the view that people treat others inhumanely when we fail to see them as human beings, so that our treatment of them will tend to be more humane when we (fully) see their humanity. Recently, humanist views have been criticized on the grounds that the perpetrators of inhumanity regard their victims as human and treat them inhumanely partly for this reason. I argue that the two most common objections to humanist views (and their relatives) are unpersuasive: not only (...) does the evidence marshalled against these views fail to actually disprove them, it could threaten them only if some questionable assumptions were granted. By providing necessary conceptual ground-clearing and routing common lines of attack, I hope to determine what it would take for a humanist project to succeed, paving the way for a full defense of humanism that fulfills its explanatory ambitions. (shrink)

I argue that we get an account of social invisibility that best fits our practice of moral complaint if we reject orthodoxy and accept a quite different view of what it is to see another person as a person. On my view, seeing a person as a person is inseparable from caring about her in person-specific ways—hence from a disposition to a range of interpersonal emotional responses to her point of view. Thus, a person’s humanity is invisible to us, according (...) to this picture, when we are unreceptive to her power to influence our attitudes and will through her own attitudes and will. (shrink)

I extend my account of social invisibility and interpersonal recognition by applying it to one form of racism: racial alienation—the failure to emotionally identify with members of another racial group on the basis of their race. I argue that leading views of racism in the analytic tradition threaten to contravene the conviction that racial alienation involves a misrecognition of the other group’s humanity. The pitfall is best avoided by developing a conception of interpersonal awareness that is informed by Wittgenstein’s remarks (...) on other minds, particularly his point that our awareness of others as humanly minded consists in ‘an attitude towards a soul’ rather than in an 'opinion' that she has a soul. (shrink)

Останнім часом в Україні з’явилося чимало різноманітних довідкових видань. Очевидно, це зумовлено попитом на літературу такого жанру, а також накопиченням певної інтелектуальної маси знань. Українська історіографія теж поповнилася багатьма довідниками, однак серед них помітно вирізяється капітальна, справді наукова праця — двотомова енциклопедії «Київська духовна академія в іменах: 1819–1924» (Том 1: А–К. — К.: Вид. дім «Києво-Могилянська академія», 2015. — 740 с.: іл.; Том 2: Л–Я. — Там само, 2016. — 1004 с.: іл.). Як відомо, серед проблем/лакун історичної науки, що їх (...) дослідники мали прискореними темпами надолужувати/вивчати в присмерку радянського часу та на світанку сучасної України, опинилася духовна освіта. Причини цієї прикрої обставини зрозумілі, хоч до початку ХХ ст. такий історико-церковний напрям студіювали досить успішно, насамперед у середовищі Київської духовної академії. Сьогодні флагманом історії духовної освіти є Національний університет «Києво-Могилянська академія», де було відновлено могилянські інтелектуальні традиції. Тому закономірно, що праця, про яку піде мова, з’явилася саме тут. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

The collaboration of Language and Computing nv (L&C) and the Institute for Formal Ontology and Medical Information Science (IFOMIS) is guided by the hypothesis that quality constraints on ontologies for software ap-plication purposes closely parallel the constraints salient to the design of sound philosophical theories. The extent of this parallel has been poorly appreciated in the informatics community, and it turns out that importing the benefits of phi-losophical insight and methodology into application domains yields a variety of improvements. L&C’s LinKBase® (...) is one of the world’s largest medical domain ontologies. Its current primary use pertains to natural language processing ap-plications, but it also supports intelligent navigation through a range of struc-tured medical and bioinformatics information resources, such as SNOMED-CT, Swiss-Prot, and the Gene Ontology (GO). In this report we discuss how and why philosophical methods improve both the internal coherence of LinKBase®, and its capacity to serve as a translation hub, improving the interoperability of the ontologies through which it navigates. (shrink)

In this paper we discuss three examples of the appropriation of Kuhn’s ideas in philosophy of science. First we deal with classical logical empiricism. Perhaps somewhat surprisingly, the arch-logical empiricist Carnap considered Kuhn’s socio-historical account as a useful complementation, and not as a threat of the philosophy of science of logical empiricism. As a second example we consider the attempt of the so-called struc- turalist philosophy of science to provide a “rational reconstruction” of Kuhn’s approach. Finally, we will deal (...) with Friedman’s proposal to apply Kuhn’s ideas to the formulation of a modernized, historically enlightened Kantian approach that is based on the concept of a non-apodictic constitutive and historically moving a priori. (shrink)

In this paper I argue that protest images have a certain aesthetics and a degree of transformative power. Crucial to this aesthetics is the images’ narrative struc- ture, like the representation of goal-directed actions. On this basis, I show that there are more aspects that contribute to the storytelling capacity, like narrative characteristics and an aesthetics of dramatization. Using the example of climate change protests as a case study, I establish that these aspects can contribute to the transformative ability (...) of protest images, if used effectively. (shrink)

Predictive processing theories are increasingly popular in philosophy of mind; such process theories often gain support from the Free Energy Principle (FEP)—a nor- mative principle for adaptive self-organized systems. Yet there is a current and much discussed debate about conflicting philosophical interpretations of FEP, e.g., repre- sentational versus non-representational. Here we argue that these different interpre- tations depend on implicit assumptions about what qualifies (or fails to qualify) as representational. We deploy the Free Energy Principle (FEP) instrumentally to dis- tinguish (...) four main notions of representation, which focus on organizational, struc- tural, content-related and functional aspects, respectively. The various ways that these different aspects matter in arriving at representational or non-representational interpretations of the Free Energy Principle are discussed. We also discuss how the Free Energy Principle may be seen as a unified view where terms that tradition- ally belong to different ontologies—e.g., notions of model and expectation versus notions of autopoiesis and synchronization—can be harmonized. However, rather than attempting to settle the representationalist versus non-representationalist debate and reveal something about what representations are simpliciter, this paper demon- strates how the Free Energy Principle may be used to reveal something about those partaking in the debate; namely, what our hidden assumptions about what represen- tations are—assumptions that act as sometimes antithetical starting points in this persistent philosophical debate. (shrink)

Drawing an analogy between modal structuralism about mathematics and theism, I o er a structuralist account that implicitly de nes theism in terms of three basic relations: logical and metaphysical priority, and epis- temic superiority. On this view, statements like `God is omniscient' have a hypothetical and a categorical component. The hypothetical component provides a translation pattern according to which statements in theistic language are converted into statements of second-order modal logic. The categorical component asserts the logical possibility of the (...) theism struc- ture on the basis of uncontroversial facts about the physical world. This structuralist reading of theism preserves objective truth-values for theistic statements while remaining neutral on the question of ontology. Thus, it o ers a way of understanding theism to which a naturalist cannot object, and it accommodates the fact that religious belief, for many theists, is an essentially relational matter. (shrink)

Every person is equipped with both the Dionysian or life force soul (in Greek Eros), and the Apollonian or death force soul (in GreekThanatos). Dionysus was a Greek fertility god from c. 580 BCE associated with wine, music, and choral dance (Csapso 2016). In Attic art, Dionysus was often depicted as a slumping god on a ship, which had a vineover laden with grapes as a mast, surrounded by a sea with a pod of dolphins; the dolphins being the rescuers (...) of sailors (life force) (Carpenter 1990). Dionysus, who was resurrected from death, repre- sented hedonism, happiness, and the good life that he celebrated with a glass of wine. His half-brother Apollo was in many respects his polar opposite. Apollo was a cerebral god associated with the sun, light, and intellectual pursuit. Dio- nysus symbolized the ability of (wo) man to submerge him- or herself in a greater whole, the ecstatic, and the chaotic emotions. Apollo, on the contrary, symbolised his or her formally rational and reasoning mind. The Dionysian and Apollonian natural forces are complementary and one needs both to be a balanced person; one needed to be capable of creating form and struc- ture as well as being passionate and vital. Brown believed that a utopian society would primarily consist of such balanced persons who are at home in both the world of rationality and logic and of symbols and emotions. (shrink)

This work is a critical introduction to Alfred Schutz’s sociology of the multiple reality and an enterprise that seeks to reassess and reconstruct the Schutzian project. In the first part of the study, I inquire into Schutz’s biographical con- text that surrounds the germination of this conception and I analyse the main texts of Schutz where he has dealt directly with ‘finite provinces of meaning.’ On the basis of this analysis, I suggest and discuss, in Part II, several solutions to (...) the shortcomings of the theoretical system that Schutz drew upon the sociological problem of multiple reality. Specifically, I discuss problems related to the struc- ture, the dynamics, and the interrelationing of finite provinces of meaning as well as the way they relate to the questions of narrativity, experience, space, time, and identity. (shrink)