Ethics and Political Philosophy Commons^™

Birch On Fetal Sentience, Claudia Passos-Ferreira

Animal Sentience

Birch proposes that human fetuses be recognized as sentience candidates from 12 weeks, on the grounds that midbrain-centered theories fall within the zone of reasonable disagreement among theories of consciousness. I raise a methodological and a policy problem for his view. Methodologically, whether the midbrain-centered view belongs within the zone is disputed, so there is no consensus about the consensus.  Furthermore, the evidence Birch discusses for 12 weeks does not actually estimate the onset of sentience; the proposed threshold tracks anatomical rather than functional onset. On policy, the US Supreme Court’s Dobbs ruling shows that fetal sentience is difficult to …

Confronting Founding Injustices: Reconstructive Constitutional Adjudication And Constitutional Legitimacy In Postcolonial States, Mutasim Abuzeid

International Studies (MA) Theses

Why do some postcolonial constitutions achieve higher constitutional legitimacy than others? Across the Global South, constitutions have proliferated while legitimacy remains uneven and contested. Existing scholarship explains variation in constitutional legitimacy in postcolonial states through three dominant paradigms. Institutionalist theories equate legitimacy with procedural design and endurance, presuming that stable institutions generate compliance and, over time, diffuse support. Transformative constitutionalism locates legitimacy in social justice, emphasizing judicial doctrines such as proportionality and reasonableness to advance equality and material inclusion. Transitional justice approaches, by contrast, locate moral repair largely outside constitutional law—through truth commissions, reparations, and memory projects—often leaving the constitutional …

Animal Ethics And The Lowest Common Denominator, John O. Adenitire

Animal Sentience

This commentary assesses the pragmatic framework proposed in Jonathan Birch’s The Edge of Sentience (2024). Celebrating the book's exceptional clarity, scientific rigor, and profound real-world impact on UK legislation, I nevertheless have some questions about the method by which Birch arrives at his policy recommendations for animal protection. In seeking an overlapping consensus between deeply divergent ethical and credal viewpoints, the framework risks defaulting to a minimalist, lowest-common-denominator standard of protection for animals. Birch also risks drawing the standard even lower by including serious academic positions in animal ethics that deny moral status for animals altogether. A rights-based approach offers …

Beyond The Veil Of Modernity: René Guénon, Prophet Of The Metapolitical Imaginary, Frederic Colier

Dissertations, Theses, and Capstone Projects

Heralded by some as one of the greatest intellectuals of the 20th century, French metaphysician René Guénon (1886-1951) is also the controversial father of Primordial Tradition, a metaphysics designed to remedy the decline of Western civilization. Guénon viewed the West in the grip of a prolonged cycle of degeneration. He sought to implement a pseudo-authoritarian spiritual reset that required a total rejection of its Western intellectual heritage and an embrace of Eastern doctrines.

Focusing on his landmark book The Crisis of the Modern World (1927), the dissertation examines how Guénon implemented his controversial reset. After outlining the religious, cultural, and …

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

Operational Responsibility In Ai Governance: A User-Centric Liability Framework, Zhengyang Chen

Faculty Publications

Who bears responsibility when artificial intelligence systems cause harm? This question has become central to AI ethics and governance. Most existing approaches focus on developers, yet this faces serious practical and theoretical problems. Drawing on tort law, agency law, and philosophy of technology, this paper argues that AI should be understood as an instrument whose outputs remain the responsibility of human operators rather than developers. We call this 'user-centric governance.' Placing accountability with deployers promotes public trust by creating clear lines of responsibility, a concern that governance approaches have often overlooked. It preserves democratic accountability by keeping human actors answerable …

Treatment Of Different Non-State Actors In Detention: A Legal, Moral, And National Security Analysis, Alison P. Raedel

Senior Honors Projects, 2020-current

This thesis analyzes state behavior regarding the treatment of non-state actors through three major frameworks: international law, ethical theory, and national security. Two cases are compared: the treatment of al-Qaeda detainees by the United States after the attacks of September 11th, 2001, and the treatment of the Angolan liberation movements by the Portuguese during the Angolan War of Independence. These cases were chosen to assess how the three frameworks apply across different non-state actors, which include terrorist organizations and liberation movements. International law provides a baseline for rights and protections, but it is often selectively interpreted. Just war theory gives …

Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas

Undergraduate Honors Theses

Is health deserved? Is your health owed to you? What does this mean, and whose responsibility is it? I argue that American culture’s use of  personal autonomy, “framing”, and ethical intimidation has stunted the improvement of both political and legal structures. This is evident in the politicization of the ‘for-profit’ healthcare system in the United States. American policymakers frequently weaponize moral foundations in order to coerce voters into supporting or opposing certain healthcare policies derived from the principle that some people are more "deserving" of health than others. This calculated “framing” of health concepts has deeply politicized such an ethical …

Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele

Honors Theses

When the Catholic Church revised its paragraph in the Catechism that concerned the teaching on the death penalty, many believed that this seemed to contradict the Church’s traditional teaching on the death penalty, which has included the writings of thinkers like St. Thomas Aquinas. However, after applying principles of his natural law theory, this apparent contradiction goes away, and the full Catholic teaching on the death penalty comes to light. Several key theses of Thomist natural law will be described, addressing the metaphysical, epistemological, and ethical questions it seeks to answer. This will be the backbone of my paper as …

A Harmonious Legal System: True Justice Through Modernized Platonic Marxism, Cian R. Batarla

Departmental Honors & Graduate Capstone Projects

The Marxist theory of the law is underdeveloped compared to the rest of Marx and Engels works. This can be chalked up to legal systems merely being part of the superstructure, by which the ruling class use to maintain power. In this essay I push back on this notion that the rule of law can be dismissed, arguing that if Marx's true community is to be as such then the addition of a just legal system is not an issue. However, Marx's true community on its own is not enough to satisfy the inclusion of a legal system. Thus necessitating …

In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley

Ex Sapientia Loqui

For more than eighty years, the Batman character has exhibited a unique synthesis of major theories of Justice, and through his experiences as a vigilante, exemplified the pursuit of the ideal virtue of Justice. Because virtue requires a lived example to be understood, Batman is one of the foundational stories fulfilling this need for one of collective society’s prominent pillars. Within the horror of Gotham City–a hyperbolic, fictional representation of urban corruption–Batman’s actions as a vigilante, walking a tightrope to maintain morality even above the law might not only be justified, but necessary. The Batman’s nature, balancing ethical theories and …

The Hypocrisy Of The Wizards—A Proposal To Correct Incentives In Higher Education Loan Financing, Caden Benedict

School of Public Policy Capstones

This paper explores the origins of the student loan debt crisis and proposes tying university incentives to graduates' repayment plans and disclosing median earnings for degrees before students apply. Specifically, while there are numerous factors explaining why the price of education has increased dramatically since the 1970s, this paper proposes solutions that will specifically target university moral hazards by requiring universities fund: (1) the current subsidies to federal student loan repayments under income-driven plans as the House of Representatives intended before the Senate removed "risk-sharing," and (2) bankruptcy law discharge amounts. Moreover, requiring universities to disclose the median earnings of …

What Common Themes Are Challengers Trying To Silence And What Would Be Lost Without Them?, Corrine H. Martello

Richard T. Schellhase Essay Prize in Ethics

This research paper aims to analyze the controversies surrounding The Catcher in the Rye, written by J.D. Salinger, The Bluest Eye, by Toni Morrison, and The Perks of Being a Wallflower, by Stephen Chbosky, three commonly challenged books that are often found in high school English classes, in order to answer the question “what themes in these books are challengers trying to silence, and what would be lost without them?”. It will be broken into four sections, Alienation, Mental Health Struggles & Trauma, The Loss of Innocence, and Exploring Identity, which are common themes presented in all three books. …

Social Murder, Marissa Jackson Sow

Washington and Lee Law Review

In recent years, variations on Engels’s concept of social murder have been adopted into British legal and sociological lexicons to conceptualize the state’s reckless sacrifices of its most vulnerable populations—people deemed socially undesirable, legally undeserving, and economically redundant. The state allows these populations to die a multitude of deaths by failing to protect them; notably, victims of social murder are relegated to society’s underclasses, if not completely excluded from the body politic, before they are physically eliminated. Social murder is neither genocide nor ethnic cleansing; instead, social murder captures the elimination of groups of people via atrocious events for which …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

Goods, Practices, Excellence, And The Law: Steps To An Internal Theory Of Value, Rowan Gray

CMC Senior Theses

Practices are the coherent and complex social activities we spend much of our lives engaging in. This category encompasses everything from figure skating to wine-tasting to friend relationships. We gain immense value from participating in practices, and philosophers have articulated a number of accounts for where the value emerges from and how we can best experience it. Many of these theories are ‘externalist’, because they posit that value is incidental to practices and emerges from outside of them.

In contrast, this thesis will argue that the value in practices is internal to each practice. The value comes from each practice’s …

Against Audiepistemic Injustice: Claiming Deaf Futurity, Pamela R. Conley

Antioch University Dissertations & Theses

This dissertation proposes a new theoretical framework: Audiepistemic Injustice (AEI). Expanding upon existing theories of epistemic injustice (EI), I identify AEI as the systemic marginalization and dismissal of deaf ways of knowing. AEI is a multidimensional phenomenon rooted in the nineteenth century, when auditory and linguistic biases became codified across education, law, and literature. This interdisciplinary study interrogates three nineteenth-century literary narratives as primary case studies to examine AEI: (1) Ivan Turgenev’s “Mumu,” (2) Guy de Maupassant’s “The Deaf Mute,” and (3) Abigail Bradley Hyde’s “The Deaf and Dumb Child: A True Narrative.” I synthesize these literary works with legal …

Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar

Doctor of Philosophy Dissertation

The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …

Artificial Intelligence In Surveillance And Privacy, Elizabeth D. Brasher

NEXUS: The Liberty Journal of Interdisciplinary Studies

This paper attempts to provide insight into the new and developing world of artificial intelligence and its integration into surveillance technologies. These technologies being implemented by the government, retail companies, healthcare organizations, and more, all raise ethical questions and implications addressed in this article; other topics, such as the integration of Christian ethics and responsibilities, are also explored.

The Ethics Of Advertising Unhealthy Food To Children: A Study On Potential Advertising Policy Restrictions And Their Effects On Children Of Disadvantaged Minority Groups, Riley M. O'Neal

Honors Theses

According to the Centers for Diseases Control and Prevention, one in five children in America have obesity. Black and Hispanic children experience obesity at higher rates than children of other racial groups. With obesity rates increasing, what should be done to stop this increase? One partial solution is to restrict the advertisements of foods high in sugar fat, and/or refined grains directed towards children. Advertisements may be restricted in their mode (i.e., the media through which they are viewed) or their content (i.e., the substance of the advertisement or product packaging). While these restrictions on advertising may help lower overall …

The Ethics Of Insider Trading, Miles Morgan

Global Tides

In business ethics, insider trading has gone untouched by scholars, as the consensus is that insider trading is morally indefensible, however, questions have emerged regarding the moral responsibility of insiders. This paper engages with Analyzing Insider Trading from the Perspectives of Utilitarian Ethics and Rights Theory by Robert McGee to evaluate the relationship between applied ethics and insider trading. A satisfactory anti-insider trading account must be able to economically or philosophically explain why insider trading is morally wrong. The assumption that this is impossible may be due to a misunderstanding of how we decide what morality is or how economic …

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

University Scholar Projects

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

Honors Scholar Theses

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …

Pedro Aceves Mfa Thesis, Pedro M. Aceves

Electronic Theses, Projects, and Dissertations

My Work is about looking at Cruising through a queer decolonial lens. Using multiple mediums such as photo, glass, Augmented reality, and film, I explore these queer histories and aesthetics through not just an anthropological approach but also an artistic epistemological approach weaving together narratives of prehispanic and modern queer Latinidad.

Human Dignity And Prostitution, Clara Kernodle

Harding Undergraduate Research Conference

In the twenty-first century, it is common to see feminists and pro-sex work voices lauding prostitution and other forms of the sex industry as viable expressions of women’s sexual and financial agency. As long as every participating party consents, they argue, sex work is not only tolerable, but admirable and positive – a form of transaction or service deserving license, protection, and respect in the name of individual freedom and female agency. Such voices argue that prostitution can even be dignified, as the sex industry supposedly allows participants full freedom to express their sexuality. In this paper, I offer an …

Jurgen Habermas's Views On Legal Validity And Discourse Ethics: A Literature Review, Rika Febriani, Supartiningsih Supartiningsih, Sindung Tjahyadi

Jurnal Civics: Media Kajian Kewarganegaraan

In modern states, law is often reduced to merely a tool of power. Many contemporary practices treat law as nothing more than a procedural requirement, disregarding its substantive values and the social conditions of society. This article discusses the validity of law within a political community from Habermas's perspective. According to him, the law must be discursive and stem from rational subjects capable of effective communication. The fundamental questions addressed are: how can law ideally be derived from norms within a political society? And how can law subsequently foster a democratic society? This article employs historical-factual methods, with primary sources …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Application Of Philosophy In Substantive Due Process Analysis Focusing On Washington V. Glucksberg, Amelia Schwensen

Honors Program: Senior Projects (Public)

Substantive due process is widely regarded as the most convoluted and controversial legal concept. For years, the court has struggled to interpret and apply value-based terms in the Fourteenth Amendment, as these terms contain deeper significance beyond the words. Additionally, the court must balance expanding the law to enshrine the abstract values of substantive due process and limiting its interpretation so that it is not “creating law” or imposing its personal beliefs on its decision. This push and pull of defending values and maintaining legitimacy has created significant issues in substantive due process analysis and is the background and basis …

The Right To Truth In Transitional Justice, Nouran Hassan

Theses and Dissertations

Transitional justice is sought by nations suffering from legacies of human rights violations. The field of transitional justice stands on four main pillars: truth seeking, criminal justice, reparations and guarantees of non-recurrence. It promotes utilizing legal and non-legal mechanisms to achieve a transition to democracy and the mechanisms employed must relate to, at least, one of its pillars. Truth is considered substantial for transitions to happen. Revealing the truth is believed to be essential for reconciliation and promoting peace. However, in various experiences the truth did not lead to reconciliation and was widely distorted. The approach of the transitional justice …

Donald Griffin, Scientific Revolutions, And Reclaiming Humanity’S Place In The Living World, Paul Waldau

Animal Sentience

Donald Griffin’s work revolutionized cognitive ethology and continues to challenge human exceptionalism by emphasizing rigorous, unbiased inquiry. His legacy calls for a deeper recognition of humanity’s place within the broader animal community, urging interdisciplinary approaches that bridge science, ethics, and cultural traditions to foster a more inclusive understanding of life.