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The Morality Of Human Rights, Michael J. Perry 2013 University of San Diego

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are, …


Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman 2013 University of San Diego

Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman

San Diego Law Review

In this Article I consider whether the existing international legal human rights regime enjoys political authority over sovereign states. In particular, I explore whether, just as states can cite their role as the primary institutions that protect human rights in order to justify their claim to authority over their citizens, perhaps the current human rights regime might plausibly cite its secondary role in securing human rights in order to ground its authority over these states.


The Modal Status Of Kant's Postulate Of God's Existence, Mathew Jonathan Snow 2013 University of Wisconsin-Milwaukee

The Modal Status Of Kant's Postulate Of God's Existence, Mathew Jonathan Snow

Theses and Dissertations

Kant is traditionally read as arguing that moral agents are rationally required to postulate the actual existence of God, but contemporary commentators' reconstructions of the argument only seem sufficient to warrant postulating the merely possible existence of God. There have been three attempts to address this seeming lacuna between what the argument is supposed to justify and what it does justify. Allen Wood defends the traditional interpretation - that Kant postulated the actual existence of God. M Jamie Ferreira proposes a revisionary interpretation - that Kant postulated the possible existence of God. Finally, Paul Guyer simply criticizes Kant for postulating …


Wouldn't Future People Like To Know? A Compensation-Based Approach To Global Climate Change, Trevor Grant Hedberg 2013 University of Tennessee - Knoxville

Wouldn't Future People Like To Know? A Compensation-Based Approach To Global Climate Change, Trevor Grant Hedberg

Masters Theses

Anthropogenic global climate change (GCC), understood as changes to the Earth’s climate system resulting from greenhouse gas emissions caused by human beings, has emerged as one of the most pressing environmental problems in human history. Proposed responses to climate change typically focus on either mitigation or adaptation. Mitigation refers to the process of lessening the effects of GCC, most often by reducing our emissions of greenhouse gases. Adaptation refers to the process of helping those who will be adversely affected by GCC adapt to the environmental changes to avoid being harmed. There is, however, a third approach to the issue …


The Legal Ethics Of Radical Individualism, Thomas Shaffer 2013 Notre Dame Law School

The Legal Ethics Of Radical Individualism, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


An Awareness Of What Is Missing: Four Views On The Consequences Of Secularism, Rachel E. Hunt Steenblik, Heidi Zameni, Debbie Ostorga, Nathan Greeley 2013 Claremont Graduate University

An Awareness Of What Is Missing: Four Views On The Consequences Of Secularism, Rachel E. Hunt Steenblik, Heidi Zameni, Debbie Ostorga, Nathan Greeley

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

While the issues regarding widespread secularization in contemporary Western culture are difficult to properly assess, it can be argued that certain prerequisites are necessary for the well-being of any society and, furthermore, that certain of these necessary conditions are only provided by a given civilization's major religious tradition. All societies need to perpetually engage in collective action and decision making, and as any given community faces the challenges of the future, its governing religious worldview is an indispensable source of guidance and time-honored wisdom. With this in mind, it will be argued that Western civilization is dependent upon a Judeo-Christian …


The Need To Include Animal Protection In Public Health Policies, Aysha Akhtar 2013 Oxford Centre for Animal Ethics

The Need To Include Animal Protection In Public Health Policies, Aysha Akhtar

Animal Welfare Collection

Many critical public health issues require non-traditional approaches. Although many novel strategies are used, one approach not widely applied involves improving the treatment of animals. Emerging infectious diseases are pressing public health challenges that could benefit from improving the treatment of animals. Other human health issues, that overlap with animal treatment issues, and that warrant further exploration, are medical research and domestic violence. The diverse nature of these health issues and their connection with animal treatment suggest that there may be other similar intersections. Public health would benefit by including the treatment of animals as a topic of study and …


The Animal Question In Deconstruction, Rafe McGregor 2013 University of York

The Animal Question In Deconstruction, Rafe Mcgregor

Between the Species

Review of The Animal Question in Deconstruction, edited by Lynn Turner (Edinburgh: Edinburgh University Press, 2013)


Some People Never Die: Thoughts Of Nikhil Chakravarty, Vivek Kumar Srivastava Dr. 2013 CSSP

Some People Never Die: Thoughts Of Nikhil Chakravarty, Vivek Kumar Srivastava Dr.

Vivek Kumar Srivastava Dr.

Some people never die: thoughts of Nikhil Chakravarty is a paper which attempts to analyse the great philosphical thoughts of Indian Journalist Nikhil Chakravarty


Ethics And Analytics: Limits Of Knowledge And A Horizon Of Opportunity, James E. Willis III, Matthew D. Pistilli 2013 Educational Assessment Specialist

Ethics And Analytics: Limits Of Knowledge And A Horizon Of Opportunity, James E. Willis Iii, Matthew D. Pistilli

Teaching and Learning Technologies Presentations

The realms of academic and learning analytics are in need of ethical frameworks to address issues associated with student autonomy, information confidentiality, and predictive modeling. This interactive session will involve small-group discussion surrounding a frontier of ethics and its contribution to innovation in and use of new analytics systems.


The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. McCall 2013 University of Oklahoma

The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall

Brian M McCall

This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram 2013 Loyola University Chicago

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …


The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram 2013 Loyola University Chicago

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

David Ingram

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram 2013 Loyola University Chicago

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …


Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram 2013 Loyola University Chicago

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

David Ingram

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …


Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram 2013 Loyola University Chicago

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …


Vico’S New Science Of Interpretation: Beyond Philosophical Hermeneutics And The Hermeneutics Of Suspicion, David Ingram 2013 Loyola University Chicago

Vico’S New Science Of Interpretation: Beyond Philosophical Hermeneutics And The Hermeneutics Of Suspicion, David Ingram

David Ingram

The article situates Vico's hermeneutical science of history between a hermeneutics of suspicion (Ricoeur, Habermas, Freud) and a redemptive hermeneutics (Gadamer, Benjamin). It discusses Vico's early writings and his ambivalent trajectory from Cartesian rationalism to counter-enlightenment historicist and critic of natural law reasoning. The complexity of Vico's thinking belies some of the popular treatments of his thought developed by Isaiah Berlin and others.


Is Multiculturalism Good For Children? The Rights Of The Child And Multiculturalist Policies In Sweden, Pernilla Ouis, Göran Adamson, Aje Carlbom 2013 University of Nebraska at Omaha

Is Multiculturalism Good For Children? The Rights Of The Child And Multiculturalist Policies In Sweden, Pernilla Ouis, Göran Adamson, Aje Carlbom

International Dialogue

In the present paper, the objective is to investigate if multiculturalism is good for children. The method is to use secondary sources, as well as current examples from Swedish society, to show how multiculturalist policies have negative consequences for minority children's rights. The paper, as well as previous research, reveals that parents of immigrant origin often forbid children to attend school activities such as camps, gymnastics, swimming, and lessons in music and religion. Parents motivate their actions with reference to their traditions and religion, and a fear that their children might learn sexual immorality. The wishes of parents are accepted …


Jerusalem Obscured: The Crescent On The Temple: The Dome Of The Rock As Image Of The Ancient Jewish Sanctuary, Curtis Hutt 2013 University of Nebraska at Omaha

Jerusalem Obscured: The Crescent On The Temple: The Dome Of The Rock As Image Of The Ancient Jewish Sanctuary, Curtis Hutt

International Dialogue

To begin with, what is it? In order to answer this question one must, of course, qualify it by asking—to whom? Pamela Berger in The Crescent on the Temple: The Dome of the Rock as Image of the Ancient Jewish Sanctuary has done a great service by supplying us with a history of the iconographic representation of Jerusalem's Dome of the Rock (the Qubbat al-Sakhrah). While no publication could ever exhaustively summarize the countless visual and literary portrayals of this world heritage site, Berger not only makes a valiant attempt at such but necessarily changes the way that almost all …


Sites Of Contestation: What Apology Debates Tell Us About International Relations: Sorry States: Apologies In International Politics; Troubled Apologies Among Japan, Korea, And The United States, Elizabeth S. Dahl 2013 University of Nebraska at Omaha

Sites Of Contestation: What Apology Debates Tell Us About International Relations: Sorry States: Apologies In International Politics; Troubled Apologies Among Japan, Korea, And The United States, Elizabeth S. Dahl

International Dialogue

Some scholars have stated that an “age of apology” began in the 1990s (Brooks 1999: 3)—that apologies now are considered standard and beneficial practice in business, domestic politics, and international affairs. Some praise this trend, seeing it as a sign that a new space has opened up in the post-Cold War world for moral concerns and “national self-reflexivity” (Barkan 2000: xvii).1 Such scholars and other commentators see a great deal of potential in apology to change relationships for the better.2 While more discussions public apologies occurred in the 1990s,3 however, it is unclear what this change means. After all, despite …


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