Arts and Humanities Commons^™

Language And Betrayal: Posthuman Ethics In Kazuo Ishiguro’S Never Let Me Go, Netty Mattar

CLCWeb: Comparative Literature and Culture

Netty Mattar discusses in her article “Language and Betrayal: Posthuman Ethics in Kazuo Ishiguro’s Never Let Me Go” the complexities of ethical compassion in this biotechnological age. Mattar highlights how genetic technology creates new forms of life that dissolve the line between ‘human’ and ‘technology.’ In spite of this, contemporary ethical discussions do not take into account changing conceptions of human subjectivity and instead reinstate older assumptions about what ‘human’ is. Mattar argues that speculative fiction (SF), as a self-conscious play on signs and signification, can draw attention to how ethical responses are determined by the language we use. …

Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman

Philosophy Honors Papers

This project aims to take the subject of Human Rights and attempt to wrestle with its clarity. The concept has been, since its more modern manifestation, as represented by the United Nations’ Uniform Declaration of Human Rights, heavily criticized for its being indeterminate, unclear, ambiguous, or somehow not fully understood. Despite the concept’s incredible moral potential, the extent to which this potential can be realized is determined by the concept’s intelligibility and defensibility—both of which are affected by the concept’s being understood to a sufficient point. Given Human Rights’ moral potential to challenge the forces of evil in the world, …

Human Rights And Social, Economic, & Environmental Justice: Ethics Of Samfundssind & Agape, Claire L. Dente

Sustainability Research & Practice Seminar Presentations

No abstract provided.

Proceeding Without Consent: The Ethics Of Disregarding Patient Preference For Paternalistic Reasons, Nicholas Munsey

Undergraduate Theses and Capstone Projects

Within the last few decades, modern medical regulations have brought the practicing medical community to an unprecedented level of accountability. Laws and regulations governing the practice of medicine were once, at best, loosely enforced guidelines; practices such as experimental surgeries, dangerous health testing, end of life care, and treatment of mental illness were left comparatively unregulated. The introduction of patient rights and new standards for practicing have left the medical community with a novel dilemma: how might one approach a patient who, according to medical advice, is in need of treatment if that patient is unable to express preference or …

Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard

The International Journal of Ethical Leadership

No abstract provided.

International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel

Articles

International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal agents. Hewitson …

Cognitive Relatives Yet Moral Strangers?, Judith Benz-Scharzberg, Andrew Knight

Andrew Knight, PhD

This article provides an empirically based, interdisciplinary approach to the following two questions: Do animals possess behavioral and cognitive characteristics such as culture, language, and a theory of mind? And if so, what are the implications, when long-standing criteria used to justify differences in moral consideration between humans and animals are no longer considered indisputable? One basic implication is that the psychological needs of captive animals should be adequately catered for. However, for species such as great apes and dolphins with whom we share major characteristics of personhood, welfare considerations alone may not suffice, and consideration of basic rights may …

Frontiers Of Care, Thomas E. Randall

Electronic Thesis and Dissertation Repository

Care ethics is a feminist normative theory that emphasizes the moral significance of our relational interdependency in the provision and receipt of care. On this view, ethical action is situated and evaluated as it emerges through caring relations. However, an oft-cited criticism of care ethics is that its normative frontiers cannot be extended to the wider concerns of justice that lie beyond our relational limits. In this dissertation, I outline and defend an interpretation of care ethics that shows how the values of care identified within our personal relations can be abstracted to show that we do have certain obligations …

Ethical Implications Of Population Growth And Reduction, Tiana Sepahpour

Student Theses 2015-Present

No abstract provided.

The Pedagogies Of Sex Trafficking Postcolonial Fiction: Consent, Agency, And Neoliberalism In Chika Unigwe's On Black Sisters' Street, M Laura Barberan Reinares

Publications and Research

Amnesty International’s 2015-16 push for the decriminalization of sex work sparked yet another international debate on sex trafficking, with the Coalition Against Trafficking in Women (CATW), together with a long list of celebrities and iconic feminists such as Gloria Steinem, claiming that such measure will only worsen sex trafficking, among other problems, and myriad pro-sex work feminists vouch-ing exactly the opposite.1 This dispute is by no means new-as of 2018, it remains at an impasse-but, interestingly, while sociologists and women’s studies scholars have been discussing sex trafficking issues for decades now, and despite its intimate relation to postcolonialism and globalization, …

Three Reasons Martin Luther King Jr. Disliked Being Labeled "Civil Rights Leader", Theodore Walker

Perkins Faculty Research and Special Events

Three reasons King disliked being labeled "civil rights leader:"

(1) He was a religious leader, a preacher (not a secular politician).

(2) He advanced "economic rights" ("civil rights" do not include "economic rights").

(3) He opposed war in Vietnam (not a civil rights issue).

Los Mínimos Éticos Como Propuesta Filosófica Para Garantizar Los Derechos De Las Víctimas En El Marco De La Justicia Transicional, Javier David Ortiz Carreño

Maestría en Filosofía

En esta investigación se va a desarrollar el concepto de los mínimos éticos como propuesta filosófica para garantizar los derechos de las víctimas en el marco de la justicia transicional (JT), para este propósito, se van a analizar concepciones relevantes que ha elaborado el filósofo alemán Jürgen Habermas, en especial, las realizadas en el libro La inclusión del otro. Estudios de teoría política (Habermas, 1999), también se van a analizar producciones teóricas que el filósofo colombiano y defensor de derechos humanos Pablo de Greiff2 ha hecho acerca de la justicia transicional basadas en postulados de Habermas; aunque el análisis se …

Questioning Combatant’S Privilege In Unjust Wars, Harry Van Der Linden

Scholarship and Professional Work - LAS

Following international humanitarian law, soldiers who are authorized by their states to fight wars of aggression have a legal right to kill enemy soldiers, and (indirectly) even enemy civilians, as long as they respect such jus in bello norms as discrimination and proportionality. I criticize a variety of arguments in support of this “combatant’s privilege” of aggressor soldiers that maintain that these soldiers have a moral right to kill or are not culpable for their wrongful killing. I also contest some arguments in support of the view that even though soldiers executing wars of aggression may be morally liable for …

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals …

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

All Faculty Scholarship

In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …

H. Odera Oruka And The Right To A Human Minimum: A Sagacious Quest For Global Justice, Michael Kamau Mburu

Electronic Theses and Dissertations

This dissertation primarily aims at making contribution to the advancement of philosophy from the practical point of view. It does so by analytically and critically studying H. Odera Oruka (1944-1995), arguably one of the finest 20^th century African philosophers. Thus, it identifies, expounds, and critiques Oruka’s philosophical cum ethical commitment by situating him within various philosophical discourses touching such important global issues as justice, human rights, ethical duty, ecology, humanism and politics. It specifically advances Oruka’s argument for the right to a human minimum, establishing how that ethical principle can be applicable in addressing some distressing human conditions …

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …

Group Rights: A Defense, David Ingram

David Ingram

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …

'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell

Lynne Tirrell

Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …

Did The Ancient Greeks Have A Concept Of Human Rights?, Anthony Preus

Anthony Preus

"Although there is no single word in the classical Greek that captures the sense that modern political thinkers give to the word "rights" as it is used in the phrase "human rights," classical Greek and Roman texts have a good deal to contribute to 21st-century discussions of human rights."

“Realists Of A Larger Reality” Conceptualizing Creative Possibilities That Couldwork In Expanding Contemporary Human Rights, Amanda J. Beckley

Senior Projects Fall 2016

Senior Project submitted to The Division of Social Studies of Bard College.

Does The Dao Support Individual Autonomy And Human Rights?, Caroline M. Carr

Summer Research Program

The Universal Declaration of Human Rights (UDHR) lists what have come to be called “first” and “second” generation rights. First generation rights are civil and political (for instance, the right to vote, freedom of speech, freedom to assemble); second generation are social, economic, and cultural (protection against unemployment, universal healthcare, equal pay). However, Western and Asian nations are in disagreement about whether or not all of these generations of rights should be universal. While Western nations strongly believe that first generation rights should be universal, Asian nations insist that their unique “Asian values” require second generation rights to precede first …

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.

'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell

New England Journal of Public Policy

Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …

Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis

Nathan M. Nobis, PhD

Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …

European Identity And Other Mysteries - Seeking Out The Hidden Source Of Unity For A Troubled Polity, P Jimenez

Philosophy Papers and Journal Articles

The economic crisis in Europe exposes the European Union’s (EU) political fragility. How a polity made of very different states can live up to the motto “Europe united in diversity” is difficult to envisage in practice. In this paper I attempt an “exegesis”—a critical explanation or interpretation of a series of published pieces (“the Series”) which explores, first of all, if European unity (and what kind) is desirable at all. Second, it presents a methodology running throughout the Series —analogical hermeneutics—to approach the problem of unity. Third, it conceptualises the source of unity as political identity (and solidarity). Fourth, it …

Framing The Issues In Moral Terms Iii: Rights And Right Conduct, Robert Williams

Robert E. Williams Jr.

The development of a global human rights culture has had a profound effect on the way discussions of military ethics are framed. This is most apparent in the development of the “responsibility to protect” norm amid a broader debate concerning military intervention to stop serious human rights abuses. With policymakers and international lawyers, many just war theorists have adopted an understanding of military ethics centered on human rights. This essay describes the development of the rights-based perspective on the use of force and its impact on key questions regarding the resort to war and just conduct in war.

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has thus …

Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson

Eric Blumenson

This Essay describes some fundamental debates concerning the nature and possibility of universal human rights, conceived as a species of justice rather than law. It identifies four claims entailed by such rights and some significant problems each claim confronts. The designation “universal human rights” explicitly asserts three of them: paradigmatic human rights purport to be (1) universal, in that their protections and obligations bind every society, regardless of its laws and mores; (2) human, in that the rights belong equally to every person by virtue of one’s humanity, regardless of character, social standing, disabilities, or other individual attributes; and (3) …