In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, (...) Tommy’s confinement constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the (...) error. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible (...) with Happy’s personhood. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s (...) biological progeny. I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to (...) function in society; and iii) to live free from harm and fear in order to achieve human flourishing. The integral democracy is a means and an end to materialize individual happiness and the common good as long as everyone has concrete opportunities to unfold its inherent human dignity capacities within the trademark of the democratic constitutional State. Assuming this, integral democracy is the fundamental right of Fundamental Rights. (shrink)

This article proposes the thesis that archeofuturism is a postmodern project of the International Alt-Right (IAR). By postmodern project we mean that: i) it is a project for a time after modernity; and ii) it is a project that, due to its content, can be classified as related to the ideas against modernity called postmodernism. As it is part of the IAR, archeofuturism is also a project of a fascist or far-right nature. To prove our (...) thesis, we will first analyze the Archefouturism developed by the French political scientist Guillaume Faye, a member of the IAR. Then what is IAR will be defined and its relationship with postmodernism will be evidenced. Finally, based on that connection called reactionary postmodernism, the existence of other archeofuturists theses that combine fascist rhetoric with postmodernism will be proposed. (shrink)

Thom Brooks'sHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightpresents a very clear and methodologically self-conscious series of discussions of key topics within Hegel's classic text. As one might expect for a ‘systematic’ reading, the main body of Brooks's text commences with an opening chapter on Hegel's system. Then follow seven chapters, the topics of which are encountered sequentially as one reads through thePhilosophy of Right. Brooks's central claim is that too often Hegel's theories or views on any (...) of these topics are misunderstood because of a tendency to isolate the relevant passages from the encompassing structure of thePhilosophy of Rightitself, and, in turn, from Hegel's system of philosophy as a whole, with its logical underpinnings. Brooks is clearly right in holding that Hegel hadintendedthePhilosophy of Rightto be read against the background of ‘the system’ and the ‘logic’ articulating it —nobody doubts that— but there is a further substantive issue here.Shouldcontemporary readers heed Hegel's advice? Brooks's answer is emphatically in the affirmative, and what results is a series of illuminating discussions in which he makes a case for his own interpretations on the basis of systematic considerations, presented against a range of alternatives taken from the contemporary secondary literature, which is amply covered, often in the extensive endnotes to the book. (shrink)

Higher-order thought theories maintain that consciousness involves the having of higher-order thoughts about mental states. In response to these theories of consciousness, an attempt is often made to illustrate that nonhuman animals possess said consciousness, overlooking an alarming consequence: attributing higher-order thought to nonhuman animals might entail that they should be held morally accountable for their actions. I argue that moral responsibility requires more than higher-order thought: moral agency requires a specific higher-order thought which concerns a belief about (...) the rightness or wrongness of affecting another’s mental states. This “moral thought” about the rightness or wrongness is not yet demonstrated in even the most intelligent nonhuman animals, thus we should suspend our judgments about the “rightness” or “wrongness” of their actions while further questioning the recent insistence on developing an animal morality. (shrink)

Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a second value, (...) the animal’s value to her guardian. What is this noneconomic value, and how should guardians be compensated for it? In Part 1, I propose a novel method to answer this question. My method includes a third, even more controversial, value: the animal’s value to herself. The idea that an animal could invest in herself faces many criticisms. In Part 2, I defend the claim by examining the mental capacities of dogs (Canis familiaris). I rebut the central objection—that dogs lack the psychological capacities required for self-investment—by showing that dogs are autonomous, think about their futures, and inhibit their desires in light of their goals. I close by suggesting that whereas the approach has conservative implications for the valuation of companion animals, it has radical implications for the valuation of agricultural animals. -/- Keywords: companion animals, animal law, legal theory, value theory, practical ethics, economic value, noneconomic value, intrinsic value, instrumental value, animal welfare, dogs, animal rights, capital value, self-investment value, autonomy, wrongful death, philosophy of animal law, animal minds, moral standing of animals, legal standing of animals, agency, prospection, canine neurobiology, bereavement, replaceability, non-ideal ethics . (shrink)

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to (...) exterminate wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This (...) can be compatible with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman (...) cases are considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...) mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this (...) tension between the normative ideal of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, (...) I argue that the animal rights position needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 then (...) shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph Proudhon, (...) I'll focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)

A new book by Timothy Morton, Humankind: Solidarity with Nonhuman People, is reviewed. Humankind: Solidarity with Nonhuman People is a project into the applied political ethics that emerge between speculative realism and Marxism. This book is intended to build on the object-oriented ontology that Morton has espoused in previous volumes, however with a greater emphasis on normative politics. The book’s core methodology is to outline the various neologisms that Morton employs and incorporate those speculative realist terms into (...) a retooling of Marxist. The book dialogue prose is a poetic tour de force that is both academically and philosophically rigorous. Morton provides a novel reworking of Marxist theory that can exist on the cutting edge of continental philosophy. -/- . (shrink)

Is the basic mechanism behind presupposition projection fundamentally asymmetric or symmetric? This is a basic question for the theory of presupposition, which also bears on broader issues concerning the source of asymmetries observed in natural language: are these simply rooted in superficial asymmetries of language use— language use unfolds in time, which we experience as fundamentally asymmetric— or can they be, at least in part, directly referenced in linguistic knowledge and representations? In this paper we aim to make progress on (...) these questions by exploring presupposition projection across conjunction, which has typically been taken as a central piece of evidence that presupposition projection is asymmetric. As a number of authors have recently pointed out, however, whether or not this conclusion is warranted is not clear once we take into account independent issues of redundancy. Building on previous work by Chemla & Schlenker (2012) and Schwarz (2015), we approach this question experimentally by using an inference task which controls for redundancy and presupposition suspension. We find strong evidence for left-to-right filtering across conjunctions, but no evidence for right-to-left filtering, suggesting that, at least as a default, presupposition projection across conjunction is indeed asymmetric. (shrink)

I argue that humans have a duty to socialise with domesticated animals, especially members of farmed animal species: to make efforts to include them in our social lives in circumstances that make friendships possible. Put another way, domesticated animals have a claim to opportunities to befriend humans, in addition to (and constrained by) a basic welfare-related right to socialise with members of their own and other species. This is because i) domesticated animals are in a currently unjust scheme of social (...) cooperation with, and dependence upon, humans; and ii) ongoing human moral attention and ‘social capital’, of which personal friendships are an indispensable source, is critical if their interests are to be represented robustly and their agency enabled in a just interspecies community. I then argue that participation in farmed animal sanctuaries is a promising way to fulfil this duty, lending support to conceptions of sanctuary as just interspecies community. (shrink)

Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. -/- Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a (...) nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology—animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. -/- An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. (shrink)

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil (...) liberties, political power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right thus has (...) a tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

Whether Nietzsche’s genealogical critique of morality is best understood as an internal or as an external critique remains a matter of controversy. On the internalist interpretation (Ridley, Owen, Merrick ), the genealogical enterprise takes as its starting point the perspective being criticized, gradually revealing it to be untenable ‘from within.’ On the externalist interpretation (Leiter, and arguably Geuss, Williams, and Janaway ), this constraint is lifted; the starting point of the critique need not be the perspective being criticized, but may (...) be that of someone who already suspects the latter to be untenable. According to a common objection to ‘external critique’ interpretations, the limited-scope objection, since an external critique to a value-system could only work on an audience whose members were predisposed to abandon that system of values, ‘external critique’ interpretations impose a severe limitation on the transformative potential of Nietzsche’s project. ‘Internal critique’ interpretations, by contrast, can seem hard to reconcile with the polemical character of On the Genealogy of Morality (which lends the book its subtitle, Eine Streitschrift) and with Nietzsche’s frequent remarks to the effect his works were addressing a particular, ‘higher,’ kind of individual. -/- The overarching goal in this paper is to call into question the usefulness of the ‘internal-external’ or ‘immanent-transcendent’ dichotomy for understanding Nietzsche’s genealogical critique. I argue that the apparent usefulness of the distinction between external and internal critiques when approaching Nietzsche’s works rests on the assumption that any critique of values must itself be grounded on values that function as evaluative-critical standards. If the assumption is right, then one of two things, either the values that are deployed as standards coincide with those that are the target of critique, in which case the critique is internal, or they are not (etc.). Thus the assumption is liable to render us forgetful of a third possibility, that of a critical strategy that does not work by deploying (internal or external) values as standards of critical assessment, but by revealing something about the nature of value, and more precisely about the origin of any individual’s commitments to their values. -/- On the view that I defend, one of the crucial steps of Nietzsche’s genealogical method is to bring his reader to realize that any individual’s commitment to their values is expressive of and rooted in their commitment to preserve their way of life. Realizing this does not require that the reader abandon their own values. But it does require that they acknowledge that were they committed to a relevantly different way of life, they would subscribe to different values. And this, in turn, suffices to bring about a transformation in their understanding of and relationship to those commitments through the further realization that it is ultimately always up to them to undertake the project of taking distance from and ‘re-evaluating’ those values. (shrink)

Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other (...) theorists of human rights make a mistake when they define human rights in statist terms. The scope of a theory of human rights must include all human beings, even if not simply in virtue of their humanity. The aspiration for human rights to be political and not metaphysical is interesting and admirable, but the human scope of human rights must be retained in order for human rights to retain their critical force. (shrink)

Like most bioethical discussion, examination of human biobanks has been largely framed in terms of research subjects’ rights, principally informed consent, with some gestures toward public benefits. However, informed consent is for the competent, rights-bearing individual: focussing on the individual, it thus neglects social, economic and even political matters; focussing on the competent rights-bearer, it does not serve situations where consent is plainly inappropriate (eg, the young child) or where coercion can obviously be justified (the criminal). Using (...) the British experience of large-scale biobanking, I argue that the focus on consenting individuals distorts our ways of thinking about biobanks and has serious practical ramifications. This becomes clear if we contrast the case of adult biobanks intended for medical research with two other forms of biobanking. Thus child cohort studies – vital for sound scientific investigation of the interplay of genetics and environment in health – have been very badly funded next to adult studies. On the other hand, forensic databases have attracted massive investment, but little debate – partly owing to a sense that here, at least, is a case where consent is not relevant. Contrasting these central types of biobanking, I will suggest that there are powerful factors at work in limiting ‘ethics’ to individual rights. Projects of this size should direct our attention to more overtly political questions concerning priority setting and organisation of medical research. (shrink)

Controlling the names of places, environments, and species is one way in which settler colonial ontologies delimit the intelligibility of ecological relations, Indigenous peoples, and environmental injustices. To counter this, this article amplifies the voices of Native American scholars and foregrounds a philosophical account of Indigenous naming. First, I explore some central characteristics of Indigenous ontology, epistemic virtue, and ethical responsibility, setting the stage for how Native naming draws these elements together into a complete, robust philosophy. Then I point toward (...) leading but contingent principles of Native naming, foregrounding how Native names emerge from and create communities by situating (rather than individuating) the beings that they name within kinship structures, including human and nonhuman agents. Finally, I outline why and how Indigenous names and the knowledges they contain are crucial for both resisting settler violence and achieving environmental justice, not only for Native Americans, but for their entire animate communities. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility of (...) such programs. Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

This collection of papers by prominent feminist thinkers advances the positive feminist project of remapping the moral by developing theory that acknowledges the diversity of women.

This paper discusses a structural analogy between Kant’s theory of regulative ideas, as he develops it in the Appendix to the Transcendental Dialectic, and Crispin Wright’s theory of epistemic entitlements. First, I argue that certain exegetical difficulties with respect to the Appendix rest on serious systematic problems, which – given other assumptions of the Critique of Pure Reason – Kant is unable to solve. Second, I argue that because of the identified structural analogy between Kant’s and Wright’s views the (...) class='Hi'>project Kant pursues in the Appendix can be rehabilitated by recourse to Wright’s theory. (shrink)

Denis Diderot’s natural philosophy is deeply and centrally ‘biologistic’: as it emerges between the 1740s and 1780s, thus right before the appearance of the term ‘biology’ as a way of designating a unified science of life (McLaughlin), his project is motivated by the desire both to understand the laws governing organic beings and to emphasize, more ‘philosophically’, the uniqueness of organic beings within the physical world as a whole. This is apparent both in the metaphysics of vital matter he (...) puts forth in works such as D’Alembert’s Dream (1769) and the more empirical concern with the mechanics of life in his manuscript Elements of Physiology, on which he worked during the last twenty years of his life. This ‘biologism’ obviously presents the interpreter of Diderot with some difficulties, notably as regards his materialism, given that contemporary forms of materialism have on the contrary strongly rejected notions of emergence, vitalism, teleology and any concepts appealing to unique, irreducible features of organisms. In response, some have described him as a ‘holist’ (Kaitaro) while others have emphasized his materialist, naturalist project (Bourdin, Wolfe). In what follows I examine a little-known aspect of Diderot’s articulation of his biological project: his statement in favour of epigenesis within the short but suggestive Encyclopédie article “Spinosiste.” Diderot was, of course, a partisan of epigenesis (the developmental-biological theory opposed to preformation, according to which beings develop by successive adjunction of layers of matter), but why include a statement in favour of a particular biological (or developmental) theory within an entry dealing with a philosopher, Spinoza, who does not seem to have been concerned at all with the specific properties of living beings, how they grow from embryonic to developed states, and so on? By trying to answer this question I also try and locate Diderot’s biological project in relation to what will become, in the years after his death, the project for a science called ‘biology’, with figures such as Treviranus and Lamarck. For it is not clear that the two can be easily correlated or causally linked: Diderot’s ‘epigenetic Spinozism’ is a different conceptual entity from what we find in histories of biology. (shrink)

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

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

Neoliberalism has installed an unending competitive struggle in the economy. Within this context activists have pushed for a reappraisal of laziness and inactivity as forms of resistance. This idea has been picked up by Maurizio Lazzarato and Giorgio Agamben in different ways. I start with explaining the former’s appraisal of laziness as a release of potentialities unrealizable under financial capitalism. Lazzarato’s appraisal of laziness however resembles neoliberal theories of innovation, because both share the conceptual persona of a subject whose potentialities (...) exceed the current status quo. Potentiality is thus not an unambiguous antagonist of capitalism, as Lazzarato suggests. In order to adequately oppose neoliberalism, Lazzarato should question the role of potentiality in capitalism. Agamben has undertaken such a project. In the second part of the essay I consequently argue that Agamben’s philosophy of inactivity as impotentiality is able to circumvent neoliberalism and the society of the spectacle. (shrink)

Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act are identified, and evidence-based (...) policy recommendations are posited. The article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

This is the introduction of issue 1 of Mɛtascience. -/- This first issue of Mεtascience is a posthumous tribute to Mario Bunge, who died in February 2020. This is not the first time, and certainly not the last, that thinkers pay homage to Mario Bunge or that his work is the subject of study, and rightly so, because the man is a humanist and the work worthy heiress of the Enlightenment. Bunge has made a significant contribution to a wide range (...) of disciplines: physics, philosophy, sociology, psychology, cognitive sciences. This issue is also a way to make his thoughts known to a French-speaking readership. (shrink)

This manuscript examines two accounts that discuss rights disputes. On the one hand, Russ Shafer-Landau argues for specificationism (or what is referred to here as SA), which deems rights as having innate limitations. One the other, Judith Jarvis Thomson defends infringement theory (or what is referred to here as IVA), which views rights to be competing factors. Shafer-Landau in “Specifying Absolute Rights” endeavored to discredit Thomson’s IVA and promote his favored theory. This material responds to and (...) criticizes the claims Shafer-Landau pressed in his article. First part of the thesis addresses his concerns and finds them unconvincing. Using tools of logic, it is demonstrated that Shafer-Landau’s demands on compensation are without warrant. More than this, his demands on the tripartite are misguided. Second part tackles some shortcomings of SA. One of which is the finding that two of the three arguments Shafer-Landau posited for SA’s superiority run counter to each other. Should Shafer-Landau save one, it would remain untenable for the foundations therein rest on a mistake. Finally, his position of SA being sufficiently explanatory is in itself wanting. Though this material does not go as far as proving which theory is practically better, the project is not bereft of purpose. By the end, IVA would already have been relieved of the criticisms whereas SA would be confronted with multiple challenges. (shrink)

The American political landscape exhibits significant polarization. People’s political beliefs cluster around two main camps. However, many of the issues with respect to which these two camps disagree seem to be rationally orthogonal. This feature raises an epistemic challenge for the political partisan. If she is justified in consistently adopting the party line, it must be true that her side is reliable on the issues that are the subject of disagreements. It would then follow that the other side is anti-reliable (...) with respect to a host of orthogonal political issues. Yet, it is difficult to find a psychologically plausible explanation for why one side would get things reliably wrong with respect to a wide range of orthogonal issues. While this project’s empirical discussion focuses on the US context, the argument generalizes to any situation where political polarization exists on a sufficiently large number of orthogonal claims. (shrink)

Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans are (...) and need depends upon ontological assumptions about human existence. Godman turns to human ontology—just what kind of beings humans are (from an angle distinct from the other two books) and how these play into rights. She is concerned with how well the social sciences accord with what we are. Gunkel homes in on a more specific moral topic than Godman's general concern with identity’s role in rights: automata moral status and rights. He enjoins us to inquire into what human rights are before we take on the new technologies’ challenge to it. Schneider’s Artificial You, while not explicitly about rights, poses a rights quandary. Certain individuals with reputable resources and practical backing explicitly seek to evolve the species as they see fit. The urgency among these works concerns how we need a sharper idea of what we are, how we should act and be treated, and how our rights fare among potential human improvements. (shrink)

Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate public policies for their (...) effective satisfaction inherent in the realization of the valuable life project of the person and their effective functioning in society. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

Simon Blackburn has not shied away from the use of vivid imagery in developing, over a long and prolific career, a large-scale philosophical vision. Here one might think, for instance, of ‘Practical Tortoise Raising’ or ‘Ramsey's Ladder’ or ‘Frege's Abyss’. Blackburn develops a ‘quasi-realist’ account of many of our philosophical and everyday commitments, both theoretical (e.g., modality and causation) and practical (e.g., moral judgement and normative reasons). Quasi-realism aims to provide a naturalistic treatment of its targeted phenomena while earning the (...) right to deploy all of the ‘trappings’ of realism—i.e., while eschewing any idea that our normal thought and talk about such phenomena are pervasively in error. The quasi-realist project is that of explaining how (as Huw Price puts it here) ‘the folk come to “talk the realist talk” without committing ourselves—us theorists, as it were—to “walking the metaphysical walk”’ (p. 136). Quasi-realism, too, can speak of truth, facts, properties, belief, knowledge, and so on. The imagery in this collection also abounds, though, in capturing a different view of quasi-realism: No fewer than three of the contributors picture Blackburn as wanting to have his cake and eat it too (Louise Antony asking, in addition, ‘Who doesn't? It's cake’ [p. 19]). (shrink)

Lilly was one of the greatest scientists and pioneers on the limits of human possibility but after his death a collective amnesia has descended and he is now almost forgotten. His Wiki is good but inevitably incomplete so here are a few missing details and viewpoints. Lilly was a generation (or more) ahead of his time. He is almost single-handedly responsible for the great interest in dolphins (which led to the Marine Mammal Protection Act in the USA and helped to (...) found the animal rights movement). In 1958 he noted that the brains of elephants and cetaceans were larger than ours, that we should not abuse them and that it was one our most important projects to communicate with them. He invented sensory isolation tanks (at NIMH in 1954) and used them extensively with and without powerful psychoactive drugs at a time when it was thought that either the brain would shut down or one would go insane if external stimuli were eliminated. He created methods for implanting electrodes in mammal brains and was planning to do it to himself. He was one of the first to make serious use of computers in bioscience research and created the hardware and software to make the first attempts to communicate with dolphins. He self experimented with dangerous physiological investigations in high altitude medicine for the military during WW2, took LSD with dolphins and movie stars, submitted himself to the rigors of various forms of yoga and of Arica training, and taught classes at Esalen. He was a computer pioneer who forsaw the rapid advances in A.I. and it's inevitable clash with humans. He was the first one to investigate the bizarre psychedelic ketamine (" vitamin K "), and his results (published in the two last chapters of his book `The Scientist`) are still the best data on the dose/effect relation of any psychedelic on one person. It cured his lifelong daily migraine headaches (see http://www.conspiracyarchive.com/UFOs/Gorightly.htm). And all this happened before most of us were born! He had courage, honesty and integrity that is rare anywhere and almost nonexistent in science. His goal was to find the ultimate truth about everything and he went about as far as anyone ever has. He had little patience with the stupid and hypocritical games one has to play to fit into monkey society. Of course the reaction of the establishment was predictable. He left the NIMH and was never given any government or academic support for the last 35 years of his life. His paper and comments at a conference on sensory deprivation were removed from the published version. He was not invited to government sponsored symposia on dolphins (he had refused to help develop them as weapons), though he clearly knew more about them than anyone in the world. He liked to live and work on the edge and few could keep up with him, as his books make clear. If you have read some of his other books it will be much easier going. He was a pioneer in consciousness research and pushed the boundaries of our understanding of who we are and what we might become. Among other things he catalogs the various states reached by drugs, meditation, and isolation, tries to determine their significance, and suggests how to use them. I very briefly review and comment on his life and work. -/- Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

Commentary on Shawn Thompson's "Supporting Ape Rights". My response to Wise’s and Thompson’s strategy is two-fold: 1) personhood is neither strictly deter-mined by cognitive facts nor fruitfully construed in Kantian terms, and 2) personhood is not what matters when it comes to animal protection. To conclude, 3) I hint at an alternative, or complementary, avenue for change.

Animal rights philosophers have traditionally accepted the claim that human beings are unique, but rejected the claim that our uniqueness justifies denying animals moral rights. Humans were thought to be unique specifically because we possess moral agency. In this commentary, I explore the claim that some nonhuman animals are also moral agents, and I take note of its counter-intuitive implications.

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. (...) Second, evidence is growing that healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

The argument for vegetarianism from overlapping species goes like this. Every individual who is the subject of a life has a right to life. Some humans—e.g., the severely congenitally cognitively limited—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. Severely congenitally cognitively limited humans have a right to life. Some animals—e.g., all mammals—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. We ought to treat like cases alike. The cases of (...) some humans are like the cases of some animals. Therefore, some animals have a right to life. -/- The argument seems not to have moved many people to change their diets. The reason, I suggest, is not because the argument is unsound but because our ability to change our dietary practices is difficult and we lack the imaginative resources to see the world from a nonhuman perspective. -/- I suggest that creative artists are of great value here, and I provide an example by referring to the work of the American novelist, Cormac McCarthy. (shrink)

Knowledge is good, ignorance is bad. So it seems, anyway. But in this dissertation, I argue that some ignorance is epistemically valuable. Sometimes, we should suspend judgment even though by believing we would achieve knowledge. In this apology for ignorance (ignorance, that is, of a certain kind), I defend the following four theses: 1) Sometimes, we should continue inquiry in ignorance, even though we are in a position to know the answer, in order to achieve more than mere knowledge (e.g. (...) understanding) while minimizing the effects of confirmation bias. 2) It’s false that we should believe every proposition such that we are guaranteed to be right about it (and even such that we are guaranteed to know it) if we believe it. 3) Being in a position to know is the norm of assertion: importantly, this does not require belief or (thereby) knowledge, and so proper assertion can survive speaker-ignorance. 4) It can be permissible and conversationally useful to tell audiences things that it is logically impossible for them to come to know: Proper assertion can survive (necessary) audience-side ignorance. Cumulatively, this project suggests that, properly understood, ignorance has an important role to play in the good epistemic life. (shrink)