Grounding Rights in Social Practices: A Defence

This paper defends a social practiceconception of moral rights possession againstwhat many of its critics take to be a decisiveobjection, namely that such a conceptionprevents us from using moral rights forcritical purposes.     

In Defence of the Will Theory of Rights

Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner??s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on some of Steiner??s inferences which are simply unjustified because they are based on misinterpretations of the logic of Hohfeld??s terminology. The problem for Vrousalis is that his critique takes for granted some of these flawed arguments. The critique is also misdirected to the extent that it assumes that the problems with Steiner??s theory affect Will Theory in general.     

Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand.     

Cultural Rights or Human Rights: The Case of Female Genital Mutilation

The Women's International Conference in1995 in Beijing proposed the idea that women's rights be considered within the category of general human rights. Our concepts about human rights are rooted in the liberal traditions of a relatively homogeneous Western culture. In recent years, however, this culture has become increasingly heterogeneous. As a result of this greater diversity of beliefs and subcultures, some interesting challenges to these liberal traditions have arisen. An example of where such challenge elicits particularly divergent views is the issue of female genital mutilation, where the social and cultural rights of various subgroups appear to conflict with concepts concerning the human rights of an individual. Thus, this issue challenges a number of beliefs, including aspects of multiculturalism and feminism. In this article, I first examine the problem of Female Genital Mutilation (FGM) within the context of multiculturalism, with particular emphasis upon feminism of women of color. Additionally, two opposing positions within the liberal multicultural approach—that of Kymlicka versus that of Kukathas—are then examined critically, and several rapprochements are offered. A final section focuses upon the implications of these issues for feminist women of color.     

Moral Realism: A Defence

Book Information Moral Realism: A Defence. Moral Realism: A Defence Russ Shafer-Landau, Oxford : Clarendon Press, 2003, x + 322, £35 (cloth) By Russ Shafer-Landau. Clarendon Press. Oxford. Pp. x + 322. £35 (cloth:),     

Selling Citizenship: A Defence

Many people think that citizenship should not be for sale. On their view, it is morally wrong for states to sell citizenship to foreigners. In this article, I challenge this view. I argue that it is in principle permissible for states to sell citizenship. I contend that, if states can permissibly deny foreigners access to citizenship in some cases, then states can permissibly give foreigners the option of buying citizenship in these cases. Furthermore, I defend the permissibility of selling citizenship against the objections that selling citizenship values citizenship in the wrong way, corrupts civic norms, and unfairly discriminates against poor foreigners. I conclude by noting that, although selling citizenship is not intrinsically wrong, it could still be wrong for states to sell citizenship in practice. If existent immigration restrictions are unjust, then it may be impermissible for states to sell citizenship in the real world.     

The Right to be Publicly Naked: A Defence of Nudism

Res Publica - Many liberal democracies have legal restrictions on nudism. This article argues that when public nudity does not pose a health threat (which it seldom does), such restrictions are...     

人民权利:人权的一种替代方案——从毛泽东的权利思维看

在毛泽东的权利思考中,他很少使用“人权”这一概念,绝大多数时候使用的是“人民的权利”,这一细节并没有引起学界足够的重视。笔者认为,毛泽东的人民权利思想是批判性地发展西方人权理论的一种尝试。中国传统文化、马克思主义和近代中国面临的救亡危局极大地影响了毛泽东的权利思维,使他深刻地认识到西方人权理论的局限性,并进而提出了明显异质于西方人权理论的权利思想。作为西方人权思想的一种替代性方案,人民权利思想以强调阶级属性、非精英主义、集体主义和权利真实性的特质,完成了在反思以天赋人权为主要特征的西方人权基础上的一种权利建构。而由毛泽东主导的权利实践的成就和失误都可以从这些特质中找到其根源。以史为鉴、推进当前中国的人权建设无疑应当从清理这一时期的权利理论与实践开始。     

The Theological Foundation of Hobbesian Physics: A Defence of Corporeal God

In 1668, the octogenarian Hobbes finally affirmed openly a doctrine that was unavoidable given his longstanding embrace of both theism and materialism: God is corporeal. However, this doctrine has generally been downplayed or dismissed by scholars, who have alleged that Hobbes's corporeal theism is irreconcilable with his more orthodox theological pronouncements or with his fundamental metaphysical principles. This paper defends the coherence of Hobbes's corporeal God against particularly vigorous criticisms of Douglas Jesseph and others. The aim of the paper is not, however, to situate Hobbes's deity safely within the boundaries of seventeenth century protestant theology, as defenders of Hobbesian theism have often wanted to do. Rather, the paper places the corporeal God at the metaphysical foundations of Hobbes's natural philosophy. Despite his early reticence about theological speculation, Hobbes eventually relied on God to provide a continuous, resistance-free source of motion or conatus to a material plenum whose parts would otherwise quickly slow to an infinitesimal crawl. Hobbes's late theology, while certainly heterodox in content, is not so different in function from that of contemporaries like René Descartes and Henry More, whose religious sincerity is rarely questioned. Hobbes' corporeal deity deserves a place in the seventeenth century pantheon.     

The Social Construction of Talent: A Defence of Justice as Reciprocity

Debates concerning principles of justice need to be attentive to various types of social process. One concerns the distribution of resources between groups defined as talented and untalented. Another concerns the social mechanisms by which people come to be categorised as talented and untalented. Political philosophers have paid considerable attention to the former issues, much less to the latter. That, I shall argue, represents a significant oversight.     

Mandatory Vaccination: An Unqualified Defence

The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks. This can be traced back to an increasing public questioning of vaccines by an emerging anti‐vaccination movement. This article argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, instead, as a non‐negotiable legal obligation. The first part of the article formulates and defends two arguments in favour of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risk of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws.     

In Defence Of The Phase Space Picture

While the Phase Space formulation of quantum mechanics has received considerable attention it has seldom been defended as a viable interpretation. In this paper I expound the Phase Space Picture, use it to provide a quasi-classical ‘hidden variables’ interpretation of quantum mechanics and offer a defence of it against various objections. This revised version was published online in June 2006 with corrections to the Cover Date.