Women’s Right to Autonomy and Identity in European Human Rights Law: Manifesting One’s Religion

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life.

Living with Gratitude: Spouse’s Gratitude on One’s Depression

Research has shown that gratitude makes people happier (McCullough and Tsang in Psychol Gratitude, Oxford University Press, pp 123–141, 2004; Wood et al. in Clin Psychol Rev 30(7):890–905, 2010), healthier (McCullough et al. in J Pers Soc Psychol, 86(2):295–309, 2004), more considerate (Bartlett and DeSteno in Psychol Sci 17(4):319–325, 2006), and better evaluated (Gordon et al. in Pers Individ Differ 50(3):339–343, 2011), enabling more stable relationships (Algoe et al. in Pers Relationsh 17(2):217–233, 2010; Algoe et al. in Emotion 8(3):425–429, 2008; Lambert et al. in Psychol Sci 21(4):574–580, 2010). However, no study has extended research beyond individual persons to investigate the impact of one’s gratitude on the mental well-being of those who surround her or him. Thus, we tested this possibility and found in Study 1 that within marriage, husbands’ depositional gratitude negatively correlated with their wives’ depressive emotion. The results of Study 2 validated Study 1 by showing that a wife’s depression would be relatively palliated if her husband was assigned to express appreciation to her and not share daily hassles. While a causal relationship was demonstrated as hypothesized, a difference between genders also emerged. We discuss in particular the latter in terms of its mechanism, limitations, and practical implications for marriage.     

Beyond Sectarianism? On David Miller’s Theory of Human Rights

In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal when compared to those found in human rights documents, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. This article argues that contrary to what Miller claims, his account is ‘sectarian’, since it relies on reasons that some non-liberals should find objectionable given their divergent values. It goes on to question whether ‘sectarianism’, as Miller defines it, is, in any case, a problem for human rights theory. The article concludes that Miller provides us with no reason to abandon commitment to a more extensive list of human rights.     

Evaluating ‘Bioethical Approaches’ to Human Rights

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species.     

The Relevance of Martha C. Nussbaum’s Human Rights Capabilities Approach for Today’s Psychoanalytic Inquiry

The American Journal of Psychoanalysis -     

Arthur’s advice: comparing Arthur Schopenhauer’s advice on happiness with contemporary research

The German philosopher Arthur Schopenhauer (1788–1860) is well known for his pessimism. He did not believe in real happiness. In his view, the best a person can achieve is to reduce misery. At the end of his career, he wrote a book on how to live the most bearable life. This is a practical guide based on his personal experiences and illustrated by quotations from other thinkers subscribing to his views. In this paper, we summarize his recommendations and compare these with conditions for happiness as observed in present day empirical research. Little of the advice appears to fit current research on conditions for happiness. Following Schopenhauer’s advice would probably make us unhappier, even if we had the same neurotic personality.

Brown on infallibilism’s problem with testimony

Philosophical Studies - In this review I focus on one of Brown’s arguments against infallibilism. While Brown argues that the infallibilist cannot vindicate testimonial knowledge, I argue...     

What’s Human Rights Got to Do with It? On the Proposed Changes to SSHRC Ethics Research Policy

What’s human rights got to do with it? That is, what’s human rights got to do with the June 2004 report of the Social Sciences and Humanities Research Ethics Special Working Committee to the Inter-Agency Advisory Panel on Research Ethics. The disturbing answer is “not enough.” Certain key recommendations of the working committee, it is suggested, would unacceptably weaken the researcher’s legal and moral accountability to research participants. Those particular recommendations rely on misguided references to academic freedom and the nature of the non-medical research context. In fact, universal human rights, and the legal instruments in which they are embodied ought to inform the research endeavor at every stage; from problem selection to analysis and conclusions. This will lead us closer to shared truths rather than simply to the academic elite’s vision of truth. Without sufficient regard for the human rights of research participants academic freedom itself is not possible.     

Compassion and Pity: An Evaluation of Nussbaum’s Analysis and Defense

In this paper I argue that Martha Nussbaums Aristotelian analysis of compassion and pity is faulty, largely because she fails to distinguish between (a) an emotions basic constitutive conditions and the associated constitutive or intrinsic norms, (b) extrinsic normative conditions, for instance, instrumental and moral considerations, and (c) the causal conditions under which emotion is most likely to be experienced. I also argue that her defense of compassion and pity as morally valuable emotions is inadequate because she treats a wide variety of objections as all stemming from a common commitment to a Stoic conception of the good. I argue that these objections can be construed as neutral between conceptions of the good. I conclude by arguing that construed in this way there are nonetheless plausible replies to these objections.     

Kamm and Miller on Rights’ Compatibility

In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears to support an alternative holistic approach to the moral justification of rights. But I will show that, without significant further argument that Miller and Kamm do not provide, this holistic approach offers no better support for Miller’s and Kamm’s claim that there are few demanding assistance rights.     

Suffering, Sympathy, and (Environmental) Security: Reassessing Rorty’s Contribution to Human Rights Theory

This article reassess Rorty’s contribution to human rights theory. It addresses two key questions: (1) Does Rorty sustain his claim that there are no morally relevant transcultural facts? (2) Does Rorty’s proposed sentimental education offer an adequate response to contemporary human rights challenges? Although both questions are answered in the negative, it is argued here that Rorty’s focus on suffering, sympathy, and security, offer valuable resources to human rights theorists. The article concludes by considering the idea of a dual approach to human rights, combining Rorty’s emphasis on sentiment with an analysis of patterns of responsibility for the underfulfilment of human rights.     

All Justice is Social but it’s not all Social Justice

I take social injustice to be injustice perpetrated on members of society by laws and public social practices. I take social justice to be the struggle to right social injustice. After explaining these ideas, I then address the question: why are so many people opposed to the very idea of social justice? I offer a number of explanations, among them, that to acknowledge that there is social injustice in one’s society often requires considerable change on one’s part.     

African American and White Women’s Experience of Sexual Assault and Services for Sexual Assault

This article presents the results of a study assessing the needs and experiences of African American and White female survivors of sexual assault in the state of Maryland. Eight specific hypotheses regarding differences in the needs and experiences of African American as compared to White women receiving partial or no support through analyses of interview data drawn from 213 survivors (African American survivors, n = 133; White survivors, n = 80) were explored. No differences were reported in medical care received; however, in comparison to their White counterparts, African American women reported decreased use of sexual assault crisis centers and mental health services, and postassault help-seeking through use of sexual assault hotlines. Barriers and facilitators associated with treatment experiences differed by ethnicity. Findings are discussed in relation to future directions for research, and service and policy improvement for survivors of sexual assault.     

As Luck Would Have It: Thomas Hardy’s Bildungsroman on Leading a Human Life

In this essay, I demonstrate the value of the Bildungsroman for philosophy of education on the grounds that these narratives raise and explore educational questions. I focus on a short story in the Bildungsroman tradition, Thomas Hardy’s “A Mere Interlude”. This story describes the maturation of its heroine by narrating a series of events that transform her understanding of what it means to lead a human life. I connect her conceptual shift with two paradigms for leading a human life. One stresses the exercise of distinct human capacities like agency and autonomy, whereas the other stresses human vulnerability to fate or moral luck. I conclude by offering important reasons for educators to adopt the later paradigm over the former.     

Laplace’s demon tries on Aristotle’s cloak: on two approaches to determinism

Synthese - The paper describes two approaches to determinism: one focuses on the features of global objects, such as possible worlds or models of a theory, whereas the other’s concern is the...     

Intra-EU Migration: Legal and Economic View on Jobseekers’ Welfare Rights

International migration influences economies of both the home and the host country. Some countries perceive immigration as a threat and consider limitations to their social security system to protect the domestic economy. Within the European Union, both the economic and the legal side of the issue must be taken into account. The paper presents an empirical analysis of natives’ and immigrants’ unemployment rates in EU15 countries and discusses a possible use of the findings in intra-EU migration policy. Using Labour Force Survey Data for 2012, we estimate a series of logistic regressions in order to compare the immigrant/native unemployment rates, considering the differences in the structure of both subpopulations (in terms of age, sex, education and types of jobs). We conclude that a substantial part of the gap between natives’ and immigrants’ unemployment rates can be explained by these additional characteristics in most of the EU15 countries.