Offers a re-assessment and overview of Hegel's philosophy of right, a key element of his political thought.

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent (...) who may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Modern animal rights debates began in the 1970s, mainly as part of the budding field of applied ethics in Anglo-American philosophy. In just a short time, these animal rights discourses received international academic respect, especially through analytically trained philosophers. Central for this development was the analysis that rights language can be principally used species neutrally. This paper’s contribution is to examine the central terms of Tom Regan’s still widely discussed theory for their actuality and usefulness. Hence strengthening (...) these arguments for modern animal rights theory as a serious approach in national ethical and legal disputes. Translated from German by Gary Steiner, Bucknell University. (shrink)

This multidisciplinary volume explores the relationship between human rights and the subject. Each chapter considers how human rights norms and practices affect the way we relate to ourselves, to other people, and to the non-human world, drawing on the best work on human rights in political theory, cultural studies, history, law, anthropology, literary studies, and philosophy.

Data subject rights provide data controllers with obligations that can help with transparency, giving data subjects some control over their personal data. To date, a growing number of researchers have used these data subject rights as a methodology for data collection in research studies. No one, however, has gathered and analysed different academic research studies that use data subject rights as a methodology for data collection. To this end, we conducted a systematic literature review that searched, compiled, (...) and analysed 32 academic studies that use data subject rights as a data collection method. We find that the right of access is the most commonly-used data subject right by researchers, most studies are interested in measuring data subject rights compliance, and that a variety of difficulties exist in conducting research studies with data subject rights. We conclude that researchers should explore other data subject rights for alternative purposes, ease the process of exercising data subject rights, and improve the scalability of these studies. (shrink)

O artigo aborda a noção de sujeito de direitos humanos como central nos processos educativos de modo a entender a educação em direitos humanos não como uma tarefa ou uma atividade específica dentro da educação em geral, mas como parte substantivamente integrante da educação em geral. A formação do sujeito de direitos humanos é tarefa da educação como formação atual e presente, dado que os participantes dos processos educativos não só se preparam para ser sujeitos, mas podem experienciar o ser (...) sujeito no próprio processo educativo. Ou seja, o sentido fundamental da educação em direitos humanos está em promover processos multidimensionais e comuns que colaborem para que os seres humanos se façam sujeitos de direitos humanos. Para isso, buscará desenhar as bases ético-filosóficas que possam dar sustentação a esta compreensão, com o auxílio de referências filosóficas, éticas e pedagógicas, particularmente de Paulo Freire e Enrique Dussel. Palavras-chave: Direitos humanos. Educação. Sujeito. Enrique Dussel. Paulo Freire. (shrink)

Social media data hold considerable potential for predicting health-related conditions. Recent studies suggest that machine-learning models may accurately predict depression and other mental health-related conditions based on Instagram photos and Tweets. In this article, it is argued that individuals should have a sui generis right not to be subjected to AI profiling based on publicly available data without their explicit informed consent. The article (1) develops three basic arguments for a right to protection of personal data trading on the notions (...) of social control and stigmatization, (2) argues that a number of features of AI profiling make individuals more exposed to social control and stigmatization than other types of data processing (the exceptionalism of AI profiling), (3) considers a series of other reasons for and against protecting individuals against AI profiling based on publicly available data, and finally (4) argues that the EU General Data Protection Regulation does not ensure that individuals have a right not to be AI profiled based on publicly available data. (shrink)

It has become increasingly common for philosophers to distinguish between objective and subjective rightness, and there has been much discussion recently about what an adequate theory of subjective rightness looks like. In this article, I propose a new theory of subjective rightness. According to it, an action is subjectively right if and only if it minimizes expected objective wrongness. I explain this theory in detail and argue that it avoids many of the problems that other theories of (...) subjective rightness face. I end by responding to some objections. (shrink)

This paper responds to the subversion of international human rights discourse by corporations. It begins by placing such subversion in three contexts: the ascendance of human rights as the dominant discourse of contemporary moral and political life; the emerging challenges to human rights posed by other-than-natural-human entities; and ambiguity in the relationship between the legal subject and the human being. The author suggests that in order to resist corporate human rights distortion it is important to reclaim (...) the language of the human for the natural human being, despite complex philosophical and definitional challenges attending the designation of the term ‘human.’ The author suggests that by re-attending to the implications of human embodiment for human rights theory it might be possible to re-invigorate the protective potential of human rights for vulnerable human beings and communities against powerful disembodied legal persons. (shrink)

This article focuses on the transformation of the female reproductive body with the use of assisted reproduction technologies under neo-liberal economic globalisation, wherein the ideology of trade without borders is central, as well as under liberal feminist ideals, wherein the right to self-determination is central. Two aspects of the body in western medicine—the fragmented body and the commodified body, and the integral relation between these two—are highlighted. This is done in order to analyse the implications of local and global transactions (...) in women’s reproductive body parts for their right to self-determination and individual agency and what this means for their embodiment. We conclude by exploring whether women can become embodied subjects by exercising their proprietary right to their bodies through directing technology to achieve their own goals, while at the same time being fragmented into parts and losing their personhood and bodily integrity. (shrink)

Hegel associates 'subjective' freedom with various rights, all of which concern the subject's particularity, and with the demand that this particularity be accorded proper recognition within the modern state. I show that Hegel's account of subjective freedom can be assimilated to the 'positive' model of freedom that is often attributed to him because of the way in which the objective determinations of right recognise the subject's particularity in the form of individual welfare. To this extent, the practical (...) constraints to which individuals are subject in the modern state are not purely external ones, and the freedom which they enjoy within it is not merely subjective in kind. In exploring the role of certain practical forms of necessity in Hegel's account of civil society I show, however, that Hegel points to the existence of a group of people, the poor, who must be thought to lack subjective freedom, because they will experience the constraints to which they are subject as purely external ones. He also suggests the existence of a form of freedom that is merely subjective in kind, because it consists in a sense of absence of constraint that fails to reflect fully the practical forms of necessity that underlie civil society and constrain an individual's actions. The importance of the concept of necessity in Hegel's Philosophy of Right, as highlighted in the paper, demonstrates, moreover, that the emphasis on freedom found in recent interpretations of Hegel's social and political philosophy needs to be counterbalanced by greater recognition of the role played in it by this concept. (shrink)

Presents an introduction to the subject, suggestions on searching the Internet, and a bibliography of literature on animal nature, fatal and nonfatal uses, ...

It is often pointed out that Agamben’s most profound disagreement with Hannah Arendt is his rejection of anything like a “right to have rights” that would guarantee the belonging to a political space. I want to suggest, however, that the subject of rights in Agamben’s thought is more complicated, arguing in this essay that Agamben’s critique is not with the concept of human rights per se, but with the declaration of modern rights. In other words, this (...) essay will explore how Agamben’s analysis of language, especially vis-à-vis the figure standing outside the gates of the city, allows for rethinking the subject of rights. This analysis suggests that when thinking the notion of right, we must move from the declaration of right rooted in logos to the material dimension of language that makes such a declaration possible. Calling into question Aristotle’s claim that the human being is political because the human being is zoon logon echon, Agamben’s analysis shows that there is no place where the “I” can transform itself into speech. There is always a “non-place” of articulation that is not something outside the polis, but at the very heart of the polis itself. This non-place marks the exposure of the human as such. Following Agamben, I argue that human rights are not declared, but are exposed in our very appearance, our very being-manifest. I argue that our being-manifest provides for a new notion of human rights, rooted in the ontological condition of appearance that carries with it the right of exposure, without identity, to appear. In conclusion, I consider the relation of language and law in Agamben’s thought, asking whether Agamben’s critique of the juridical and his call for a politics without law preclude any resurrection of human rights? (shrink)

Becoming an animal rights activist is not just a process of identity change and re-socialization but also implies, as this article suggests, a “re-engineering” of affective cognitive repertoires and processes of “sensibilization” in relation to nonhuman animals. Activists thereby develop their mental responsiveness and awareness and refine their embodied sensitivity and capacity for sensing. The article proposes a theoretical perspective for understanding these processes. Empirically, this article examines the development of affective dispositions informing activists’ subjectivity and embodied sensibilities. It (...) looks at the ways in which visceral, bodily, or affective responses are cultivated to reinforce activist commitments. First, the analysis identifies “micro-shocks” and “re-shocking” experiences as mechanisms for sustaining commitment. Second, “emphatic identification” and “embodied simulation” are highlighted as mechanisms for nurturing empathy towards animals. Finally, it identifies the role of “affective meat encounters” and the cultivation of disgust as mechanisms for nurturing sensibilities. The analysis is based on a case study of animal rights activists in Sweden. (shrink)

While the legal concept of a subject of rights is eminently an abstraction, Ricoeur’s philosophical challenge seeks to rethink its identity within the philosophy of action, in correlation with the ideas of capacity, attestation, and recognition. The terminology Ricoeur employs presents some significant marks of this theoretical stance, as he speaks of a “veritable” or a “real” subject of rights as distinguished from the purely formal one. I argue that Ricoeur’s approach to the legal subject attains its highest (...) meaning in connection with the renewal of the semantics of responsibility in a prospective sense. In particular, I contend that Ricoeur’s idea of a “veritable” subject of rights deploys its full theoretical potential in relation to a prospective idea of responsibility in contrast to the “static” perspective of the ascription of rights and duties. Reciprocally, a prospective idea of responsibility deploys its full meaning in relation to a subject of rights not reduced to a legal abstraction since, as far as narrative identity is implied, this subject is and has to be an embodied one. I shall show that the thesis advocating a projection of responsibility towards the future may have some significant theoretical implications, in particular in relation to the effect of techno-scientific development in areas such as Artificial Intelligence. (shrink)

Systems theory and deconstruction alike conceive of modern law as self-reflective: Modern law entails in itself its own other; from this follows its paradoxical structure which is exemplified by the concept of legal person as a “two-sides-form” (Zwei-Seiten-Form: Luhmann) of “social person” and “concrete individuality”. Systems theory and deconstruction differ, however, in how they conceive of modern law’s paradoxical self-reflection: Systems theory grants it the power of form-constitution. This is shown by Luhmann’s interpretation of the figure of subjective right; (...) in it, law’s paradoxical self-relation has become legal form. Deconstruction instead consists in unfolding the undecidable ambiguity in the relation between paradox and form: Modern law’s paradoxical self-reflection as much constitutes as dissolves legal form. This may be called the “paradox of paradox” of self-reflective law in which Derrida sees its essentially political character. (shrink)

'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of (...) class='Hi'>rights, with something to offer current discussions in rights theory. (shrink)

Mary Wollstonecraft's A Vindication of the Rights of Woman was a ground-breaking work of literature which still resonates in feminism and human rights movements of today.

Duomenų subjektų teisių apsauga didele dalimi priklauso nuo tinkamų jų įgyvendinimo mechanizmų. Skaitmeniniame amžiuje duomenų tvarkymas tapo itin plačios aprėpties, todėl asmenims vis sunkiau ne tik suprasti šiuos procesus, bet ir juos kontroliuoti. Siekiant sušvelninti galios disbalansą tarp duomenų subjektų ir duomenų valdytojų, asmenims buvo suteiktos tam tikros teisės, sudarančios didesnę galimybę kontroliuoti, kaip tvarkoma jų asmeninė informacija. Viena pagrindinių duomenų subjekto teisių, įtvirtinta dar 1995 m. spalio 24 d. Europos Parlamento ir Tarybos direktyvoje 1995/46/EB dėl asmenų apsaugos tvarkant asmens (...) duomenis ir dėl laisvo tokių duomenų judėjimo, yra duomenų subjekto teisė susipažinti su savo duomenimis. 2016 m. balandžio 27 d. Europos Parlamento ir Tarybos reglamento (ES) 2016/679 dėl fizinių asmenų apsaugos tvarkant asmens duomenis ir dėl laisvo tokių duomenų judėjimo ir kuriuo panaikinama Direktyva 95/46/EB (Bendrasis duomenų apsaugos reglamentas) svarbiausi pakeitimai taip pat susiję su vienu iš asmens duomenų apsaugos reformos tikslų – duomenų subjekto teisių stiprinimu, todėl, greta esamų, įtvirtinamos naujos duomenų subjekto teisės: teisė į duomenų perkeliamumą, teisė būti pamirštam, teisė apriboti duomenų tvarkymą, teisė nesutikti su automatizuotu sprendimų priėmimu. Straipsnyje atskleidžiamas vienos iš pagrindinių duomenų subjekto teisių – teisės susipažinti – bei naujų duomenų subjekto teisių turinys, įvertinami praktiniai šių duomenų subjekto teisių įgyvendinimo aspektai. (shrink)

In The Case for Animal Rights, Tom Regan defends the view that all animals who are “subjects of a life” have an equal moral right to life. In this chapter, I consider whether it makes sense to think that animals have an equal right to life in light of the challenge that life has less value for animals than humans. This challenge raises two central questions: (1) does life have less value for animals than humans and (2) if it (...) does, does this fact justify the view that animals do not have an equal right to life. I argue, first, that life has greater value for most humans than animals because most humans are capable of experiencing higher qualities of enjoyment in life, in the form of creative, intellectual pleasures. However, this does not justify denying that animals have an equal right to life. Whether beings’ lives deserve strong respect depends on whether the value of life for those beings meets a certain threshold. I argue that the value of life for many animals meets this threshold because it is compatible with the virtue of compassion. (shrink)

Recent philosophical criticisms of individual rights and the postmodern deconstruction of the sovereign subject raise serious questions for the defense of universal human rights. This paper critically examines Paul Ricoeur's effort to reconstruct a viable notion of the human subject as the bearer of human rights. Ricoeur's analysis of the narrative structure of human experiences and action takes account of the recent philosophical criticisms of sovereign subjectivity; it avoids both the fiction of the atomistic individual of liberal (...) political philosophy and the fragility of a completely relativized and decentered subject. By extending Ricoeur's work on narrative identity and by developing a humanism based on the ethical primacy of the other-than-self, this paper aims to provide new insights into the complexity of implementing and defending universal human rights. Key Words: deconstruction • human rights • narrative • Ricoeur • subject • subjectivity. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

Electoral support for right-wing populist parties is typically explained either by economic deprivation or cultural grievances. Attempting to bring economic and cultural explanations together, recent approaches have suggested to conceptualize right-wing populist support as a problem of social integration. Applying this perspective to the German case, this article investigates whether weak subjective social integration-or subjective social marginalization, respectively-is associated with the intention to vote for the AfD. Furthermore, it asks whether the strength of this association varies across income (...) groups. Based on original survey data from 2017, the results show that indicators of weak subjective social integration-feeling socially excluded, being anxious about one’s status, and distrusting others-increase the likelihood of voting for the AfD. Moreover, weak subjective social integration increases right-wing party support particularly among the middle-class. Thus, next to fears of downward mobility, feelings of subjective social marginalization emerge as a pathway to right-wing populism for the middle-class. (shrink)

This book critically investigates the notion of democracy without demos by unravelling the link that modern history has established between the concepts of democracy and the sovereignty of the people. This task is imposed on us by globalization. The individualization of the subject of rights is the result of the destruction of regimes of special rights of ancient societies by the centralizing action of a territorial power. This individualization, because it implies equality, has created a new form of (...) political subjectivity that has been the driving force of the democratization of democracies during the 19th and 20th centuries. Democracy and subjective rights discusses how asserting itself as the only guarantor of rights, the modern state has also nationalized citizenship. However, the author argues, the legal and judicial monopoly of the nation-state is weakened today by the multiplication and heterogeneity of the powers on which the rights of individuals depend. This situation forces us to denationalize citizenship without sacrificing, however, the specific form of political subjectivity that the individualization of rights has made possible. (shrink)

This chapter focuses on the activist platform Birbirimize sahip çıkıyoruz and demonstrates that solidarity is a process based on dissensus (Rancière, Dissensus: On Politics and Aesthetics. London & New York: Continuum International Publishing Group, 2010), rather than consensus. This activist platform—this alliance—aimed to make public claims, to set out publicly disputes over who is entitled to rights, rather than reaching consensus on a minimum base with regard to their ideological, political and other differences. This is how one can perceive (...) the signature of feminist and LBT organisations in petitions supporting the lift of the headscarf ban, while their signature also means that they still oppose religion and veiling practices. Similarly, religious activists would claim to support LBT activists against exposure to suffering, violence and discrimination while arguing that same-sex desires are illicit and should be suppressed. Even if this paradoxical support has its own limits, it is argued that these limits have to be understood in a historical, political and social context that hinders even further the support proffered by women who have agreed to become allies, while still keeping a distance between them. (shrink)

In this “global information age” accessing, disseminating, and controlling information is an increasingly important aspect of human life. Often these interests are expressed in the language of human rights—e.g., rights to expression, privacy, and intellectual property. As the discipline concerned with, “Facilitating the effective communication of desired information between human generator and human user” (Belkin, 1975, 22), Library and Information Science (LIS) has a central role in facilitating communication about human rights and ensuring the respect for human (...) rights in information services and systems. This paper surveys the literature at the intersection of LIS and human rights. To begin, an overview of human rights conventions and an introduction to human rights theory is provided. Then the intersections between LIS and human rights are considered. Three central areas of informational human rights—communication, privacy, and intellectual property—are discussed in detail. It is argued that communication rights in particular serve as a central linchpin in the system of human rights. (shrink)

This chapter contains sections titled: Introduction Tradition and Modernity: Culture, Works and Others Record Collection and Salvage Paradigms Preserving Indigenous ‘Music’: Rights and Responsibilities The Harms of Appropriation Information Society Rights‐Based Arguments for Restitution and Limited Properties Repatriation and Recollection Conclusion Acknowledgments References.

Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they are no longer (...) obliged to obey the sovereign. Third, there is also a possible limitation on the absolute power of the sovereign in the form of restrictions Hobbes puts in place on what laws he may legitimately make. Finally, Hobbesian absolutism is compared to the absolutism of Carl Schmitt. This exercise demonstrates the limitations that Hobbes places on the power and authority of the sovereign. (shrink)

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and (...) epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law. (shrink)

As Next Generation Sequencing technologies are increasingly implemented in biomedical research and care, the number of study participants and patients who ask for release of their genomic raw data is set to increase. This raises the question whether research participants and patients have a legal and moral right to receive their genomic raw data and, if so, how this right should be implemented into practice. In a first step we clarify some central concepts such as “raw data”; in a second (...) step we sketch the international legal framework. The third step provides an extensive ethical analysis which comprehends two parts: an evaluation of whether there is a prima facie moral right to receive one’s raw data, and a contextualization and discussion of the right in light of potentially conflicting interests and rights of the data subject herself and third parties; in a last fourth step we emphasize the main practical consequences of the ethical analyses and propose recommendations for the release of raw data. In several legislations like the new European General Data Protection Regulation, patients do in principle have the right to receive their raw data. However, the procedural implementation of this right and whether it involves genetic counselling is at the discretion of the Member States. Even more questions remain with respect to the research context. The ethical analysis suggests that patients and research subjects have a moral right to receive their genomic raw data and addresses aspects which are also of relevance for the legal discussion such as the costs of release of raw data and its impact on academic freedom. Taking into account the specific nature and implications of genomic raw data and the contexts of research and health care, several concerns and potentially conflicting interests of the data subjects themselves and involved researchers, physicians, biomedical institutions and relatives arise. Instead of using them to argue in favor of restrictions of the data subjects’ legal and moral right to genomic raw data, the concerns should be addressed through provision of information and other measures. To this end, we propose relevant recommendations. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...) enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

In this paper I compare different criteria for moral status, and assess Regan's notion of a "subject of a life".

In the last twenty years a critique of the idea of a right as the property of an individual subject has been articulated by some influential Anglican theologians – Joan Lockwood O’Donovan, Oliver O’Donovan and John Milbank. Their objections are considerably based on an argument about intellectual history. Broadly pursuing an intellectual trajectory first set by Leo Strauss and C. B. Macpherson, these theologians think that the very concept of a ‘subjective right’ is tied, certainly historically but perhaps also (...) logically, to modern, Hobbesian social contract theory, and therefore to radical individualism and moral subjectivism. Therefore, they think that to affirm individual subjective rights is to exclude a larger objective order of moral right, and to undermine the authority of the claim of social obligation. Against this critique, this article, first, argues that a morally realist conception of subjective rights prevailed before Hobbes, and continued to prevail long afterwards. Second, the article proceeds to refute Ernest Fortin’s thesis that Hobbes came to dominate modern rights-talk through John Locke. Finally, it suggests that the contemporary detachment of the concept of subjective rights from a larger context of objective moral right has more plausible and more proximate roots in twentieth century philosophical and cultural developments. (shrink)

Several studies have documented that when presented with data from social media platforms machine learning (ML) models can make accurate predictions about users, e.g., about whether they are likely to suffer health-related conditions such as depression, mental disorders, and risk of suicide. In a recent article, Ploug (Philos Technol 36:14, 2023) defends a right not to be subjected to AI profiling based on publicly available data. In this comment, I raise some questions in relation to Ploug’s argument that I think (...) deserves further discussion. (shrink)

A particularly significant criticism of utilitarian and consequentialist moral theories is that they are overly demanding. According to the epistemic variant of this critique, it is overly demanding to have to determine which of one's possible actions would promote the good in the best possible way. A particularly striking articulation of this concern was put forward by James Lenman, who argued that not only is it difficult to predict the consequences of actions, but it is often outright impossible. The reason, (...) according to Lenman, is that we are simply ignorant of what the consequences of an action will be—especially in the distant future, after long and highly complex causal chains. In From Value to Rightness, Vuko Andrić defends an act-consequentialism with a subjective decision criterion designed to avoid these objections. According to this position, agents should decide based on the outcomes they can reasonably expect to occur, rather than the outcomes that actually occur. ----- Eine besonders einschlägige Kritik an utilitaristischen und konsequentialistischen Moraltheorien besagt, dass sie überfordernd sind. Der epistemischen Variante dieser Kritik zufolge ist es überfordernd, wenn man grundsätzlich herausfinden muss, welche der eigenen Handlungsmöglichkeiten das Gute auf die bestmögliche Weise befördern würde. Eine besonders einschlägige Zuspitzung dieser Sorge wurde von James Lenman vorgebracht, demzufolge es nicht nur schwierig ist, Handlungsfolgen abzuschätzen, sondern regelmäßig unmöglich. Der Grund dafür ist laut Lenman, dass wir schlicht ahnungslos sind, welche Folgen eine Handlung haben wird – besonders in der fernen Zukunft nach langen und sehr komplexen Kausalketten. In From Value to Rightness verteidigt Vuko Andrić einen Handlungskonsequentialismus mit subjektivem Entscheidungskriterium, der diesen Vorwürfen entgehen soll. Dieser Position zufolge sollen Handelnde auf Grundlage derjenigen Handlungsfolgen entscheiden, mit deren Eintreten sie vernünftigerweise rechnen können und nicht auf Grundlage der tatsächlich eintretenden Folgen. (shrink)