The moral limits of Feinberg's liberalism

This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism and liberty, linking them to human dignity, and a more positive role for law. Feinberg justifies liberty as an instrumental welfare‐interest, valuable in virtue of the way it serves the individual's ulterior goals. Drawing on the example of racism and civil rights, I argue that the value of equal liberty stems from its social role in constituting persons’ sense of their own worth and dignity. Against Feinberg, I claim that liberty's value is grounded in a shared historical ideal of personhood, not in the individual's goals or desires. Feinberg also links liberalism with an extreme anti‐paternalist position, on which individuals should be at liberty to alienate their very own right of personal autonomy. Drawing on the examples of slavery and drug addiction, I argue against this liberty, and the conception of liberalism and paternalism in Feinberg which leads to it. A liberalism founded upon an ideal of human dignity allows, even requires, a use of law to prevent persons from destroying the very conditions of their own autonomy and dignity.     

Two Second‐Personal Conceptions of the Dignity of Persons

In spite of the burgeoning philosophical literature on human dignity, Stephen Darwall's second‐personal account of the dignity of persons has not received the attention it deserves. This article investigates Darwall's account and argues that it faces a dilemma, for it succumbs either to a problem of antecedence or to the wrong kind of reasons problem. But this need not mean one should reject a second‐personal account. Instead, I argue that an alternative second‐personal conception, one I will call relational, promises to solve the dilemma by avoiding both the problem of antecedence and the wrong kind of reasons problem. More generally, distinguishing these two second‐personal conceptions of the dignity of persons is important to enrich the available philosophical accounts of human dignity.     

Catholic Feminist Ethics Reconsidered

Taking Catholic sexual ethics and liberal feminist ethics as points of departure, this essay argues that both frameworks are ill‐prepared to deal with the moral problems raised by sex trafficking: while Catholic sexual ethics is grounded in a normative understanding of sexuality, liberal feminist ethics argues for women's sexual autonomy, resting upon freedom of action and consent. From a perspective that attends both to the phenomenological interpretation of embodied selves and the Kantian normative interpretation of dignity, it becomes possible to critique both the Catholic and the liberal feminist frameworks of ethics. I argue that Catholic sexual ethics requires a reconceptualization as social ethics in order to meet the challenges of our present time, but that the shift is possible without giving up the moral imperatives of both Catholic and feminist ethics to protect human dignity and women's rights.     

Can liberal perfectionism justify religious toleration? Wall on promoting and respecting

Toleration is perhaps the core commitment of liberalism, but this seemingly simple feature of liberal societies creates tension for liberal perfectionists, who are committed to justifying religious toleration primarily in terms of the goods and flourishing it promotes. Perfectionists, so it seems, should recommend restricting harmful religious practices when feasible. If such restrictions would promote liberal perfectionist values like autonomy, it is unclear how the perfectionist can object. A contemporary liberal perfectionist, Steven Wall, has advanced defense of religious toleration that grounds perfectionist toleration in an innovative account of reasons of respect. He thus defends perfectionist toleration on two grounds: (i) the appropriate manner of responding to perfectionist goods like autonomy and membership is to respect the religious choices of others; (ii) citizens can acquire reasons to respect the religious choices of others through internalizing a value-promoting moral and political code. I argue that both defenses fail. The cornerstone of both arguments is the connection Wall draws between reasons to promote value and reasons to respect it. I claim that Wall’s conception of the relationship between promoting and respecting value is inadequate. I conclude that the failure of Wall’s defense of perfectionist toleration should motivate liberal perfectionists to develop more sophisticated accounts of normative reasons. The viability of a truly liberal perfectionism depends upon such developments.     

A Contemporary Re-Examination of Confucian Li 禮 and Human Dignity

In modern Western liberal discourse, human dignity has been cast as an important component of basic human rights, while so-called human rights have been generally understood as certain inborn, inherent and inalienable properties of every human being. In this understanding, human dignity is just a natural endowment rather than a historically constructed social-cultural phenomenon. Based on this premise, liberalism is justified for the reason that under a social condition of complete freedom, individuals will spontaneously exercise their rights thus to secure their dignity. However, from a Confucian point of view, human dignity is socially defined and exists in concrete forms in social-cultural contexts. Dignity is not an abstract, universal, minimal standard that can be applied to all people at every time; it refers to individuals’ decency and grace under various given social contexts, and it corresponds to particular roles, statuses and even ages and genders of individuals in their respective societies. The full realization of human dignity relies on certain social-cultural or institutional arrangements. Confucian li is precisely this kind of arrangement, which designs a whole set of regulations and norms in order to maintain human dignity in general, as well as to maintain different people’s dignity in varying situations. Therefore, according to Confucianism, behaving appropriately according to the norms and regulations of li is just a way to preserve dignity.     

Identity,Incentives, and Religious Defense of Human Rights: Marshall Meyer and the DAIA in Argentina's Dirty War

Whether religious groups advance or limit human rights has been a topic of recent debate among human rights scholars. This article studies the conditions under which religious leaders advance human rights in the context of Argentina's Jewish community during the country's 1976–1983 military dictatorship. Three major influences on religious support for human rights—autonomy from a religious community's establishment, a missionary-reformer identity, and congregational mobilization—are highlighted. Original archival research from the papers of U.S.-born rabbi Marshall T. Meyer illustrates his defense of human rights in Argentina, contrasting his work with the inaction of a major established Jewish organization. Quantitative cross-national analysis extends the case study findings by showing a relationship between religious institutions’ autonomy from the state and defense of human rights.     

作为一项权利的人的尊严

The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the “theory of attribution-dignity”, the “theory of autonomy-dignity” or the “theory of moral completeness/achievement-dignity”, and the “theory of end-in-itself-dignity”); it then exposes the obvious defects of these modes of understanding; finally, it tries to define dignity as a moral right to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society. __________ Translated by Zhang Lin from Zhexue yanjiu 哲学研究 (Philosophical Researches), 2008, (6): 85–92     

Human dignity – the foundation of political human rights? Empirical research among youth in Germany

This article focuses on political human rights and on the empirically assessed legitimation of these rights. This research considers the rights of refugees, the active and passive right to vote, and the right of protest. Given that the research is empirical research, respondents are requested to express agreement, disagreement or neutrality. The assumption is that contextual factors influence people’s assessment of rights. One contextual factor is, firstly, the concept of human dignity. International human rights covenants regard human dignity as the very foundation of all rights. That said, the concept of human dignity is subject to different understandings and – certainly in the past – the understanding of what constitutes human dignity has varied. Dignity can be related to the appreciation of the person given by others, to the moral behaviour of a person, and it can be understood as inherently related to the individual as a human being. It is this last understanding that forms the basis of modern declarations of human rights. Furthermore, the respondents’ value orientations and religious beliefs, along with society’s socio-political perception, will be examined to ascertain whether these factors have any influence on respondents’ attitudes towards political rights. The key question is: does human dignity influence people’s view of the legitimacy of political rights and do other factors also count? The empirical analysis was undertaken done with German youth (N=2244). Findings show that the concept of inherent human dignity is a strong predictor for respondents’ attitudes towards political rights, but that it is not the unique predictor; relevant concepts are the value orientation of youth and their socio-political orientation. The significance of religious beliefs as a predictor is low.     

Dignity,Capability, and Profound Disability

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach.     

Human dignity in Muslim perspective: building bridges

This essay argues that Islam, understood as a historically produced body of knowledge, contains resources from which we can reconstruct a conception of human dignity understood as a human right. This reconstruction requires a critical reinterpretation of some of these resources. Pursued with historical sensitivity and a comparative lens, this interpretative activity can bring about considerable benefits. It can help us overcome the religious/secular and Islam/West binaries which have limited the human rights debate. It can help us envision a human rights agenda that is universal and yet appreciative of cultural difference.     

Imago Dei and human rights protections of forced migrants: A North Korean case study

In this article, I examine the significance of the theological concept of Imago Dei in recognizing the dignity of North Koreans and in necessitating socio-structural transformation for their human rights protections in South Korean society. North Koreans residing in South Korea are an example case of forced migrants who experience mistreatment and discrimination in their destination country. In this reality, the concept of Imago Dei can call South Koreans to recognize North Koreans’ dignity. It can further criticize South Korea's social structure that intensifies North Koreas’ maladjustment in South Korean society, and necessitate institutional levels of transformation.     

Mill's Liberalism and Liberalism's Posterity

It is argued that the moral theory undergirding J.S. Mill's argumentin On Liberty is a species of perfectionism rather than any kind of utilitarianism. The conception of human flourishing that itinvokes is one in which the goods of personal autonomy and individualityare central. If this conception is to be more than the expression ofa particular cultural ideal it needs the support of an empiricallyplausible view of human nature and a defensible interpretation ofhistory. Neither of these can be found in Mill. Six traditionalcriticisms of Mill's argument are assessed. It is concluded thatin addition to depending on implausible claims about human natureand history Mill's conception of the good contains disablingincommensurabilities. It is argued that these difficulties andincommensurabilities plague later liberal thinkers such as IsaiahBerlin and Joseph Raz who have sought to ground liberalism in avalue-pluralist ethical theory. No thinker in Mill's liberal posterity has been able to demonstrate the universal authority of liberal ideals.     

Should Inherent Human Dignity Be Considered Intrinsically Heuristic?

What are “human rights” supposed to protect? According to most human rights doctrines, including most notably the Universal Declaration of Human Rights (UDHR), human rights aim to protect “human dignity.” But what this concept amounts to and what its source is remain unclear. According to Glenn Hughes (2011), human rights theorists ought to consider human dignity as an “intrinsically heuristic concept,” whose content is partially understood but is not fully determined. In this comment, I criticize Hughes's account. On my view, understanding inherent human dignity as an intrinsically heuristic concept tethers it to an “indeterminateness of sense,” which leaves it open to exploitation from theorists unsympathetic to the moral salience of rights and what rights are supposed to protect.     

Intelligibility,Moral Loss and Injustice

In Liberalism's Religion, I analyse the specific conception of religion that liberalism relies upon. I argue that the concept of religion should be disaggregated into its normatively salient features. When deciding whether to avert undue impingements on religious observances, or to avoid any untoward support of such observances, liberal states should not deal with ‘religion’ as such but, rather, with relevant dimensions of religious phenomena. States should avoid religious entanglement when ‘religion’ is epistemically inaccessible, socially divisive and/or comprehensive in scope. In turn, states should show special deference to religious observances insofar as they exhibit what I call integrity – whether personal or collective. The upshot of this interpretive strategy is that liberal law need not recognise religion as such. As a result, there are gaps between the liberal construal of disaggregated religion and the lived experience of religion as a uniquely integrated experience. Are these gaps morally regrettable? Are they unjust?     

人的尊严与生命伦理

“尊严”是频繁出现在生命伦理学中的一个概念,但关国学者麦克琳却在最近认为,尊严在生命伦理学中是个无用的概念,可以毫无损失地用其它概念,比如尊重人的自主性概念所代替。反驳了麦克琳的观点,定义了尊严的含义,认为生命伦理学的使命就是在当代生命科技高度发达的情况下如何尊重和保护人的尊严。     

THE CONCEPT OF DIGNITY IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues that the key framers, while aware of the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate.     

Toward a Confucian Notion of Human Dignity

This essay discusses the possibility of conceptualizing a Confucian notion of human dignity. Previous discussions on this topic have been either historical or reconstructive, the former discussing mainly how Confucianism considers dignity and the latter exploring the possibility of conceptualizing a Confucian human dignity as an alternative to Kant’s Menschenwürde. This essay focuses on mainly the latter effort. Specifically, I critically evaluate professor Ni Peimin’s celebrated attempt at reconstructing Confucian dignity in the context of Kant’s Menschenwürde, arguing that Ni’s work offers us novel and original insights on human dignity but fails to be coherent in several senses. On the other hand, Kant’s Menschenwürde may well lack motivation in particular circumstances, and gives no credit to moral efforts. Building upon this criticism, I further Ni’s discussion of the “four hearts” and propose a revised version of Confucian dignity.     

Impact of Summer Trip to Israel on the Self-Esteem of Jewish Adolescents

Psychological research has identified many positive effects of adolescents being aware of their religious and cultural backgrounds (Fiese, 1992). Religious rituals and community support facilitate developmental transitions. They also instill a stronger sense of identity. Mainstream North American society's emphasis on autonomy and individuality has meant that people are less reliant on religious and cultural rituals as a source of community strength. The lack of defined traditions and spiritual goals has left many of today's American adolescents confused. Jewish American adolescents, in particular, may not achieve a full sense of their religious and cultural background due to the preponderance of Christian symbols and ideology as well as to a de-emphasis of religion due to America's scientific/secular world view. A trip to Israel, the Jewish homeland, gives Jewish adolescents the chance to meet other Jewish people and to spend time in an environment which promotes Jewish ideology, history, and culture. Although past research on Jewish adolescents has found that a trip to Israel enhances a sense of Jewish identity, personality, and leadership skills (Kafka, London, Bandler, & Frank, 1990), no recorded empirical research has looked at possible changes in self-esteem. The goal of this research project was to determine if learning about and experiencing Israeli religious practices and culture foster greater Jewish self-esteem, Jewish identity, and/or self-concept for Jewish adolescents. The compiled data reveal that Jewish identity and Jewish self-esteem have a direct and positive bearing on each other. Jewish adolescents with a strong sense of Jewish identity are more likely to develop a higher level of Jewish self-esteem. Likewise, enhanced Jewish self-esteem is connected to a greater sense of Jewish identity. Although scores on the Jewish Identity and Jewish Self-Esteem Scales did not significantly correlate with self-concept scores on the Piers-Harris Children’ Self Concept Scale (1984), and the Piers-Harris scores did not significantly change over time, these results may be due to the above average pre-test self-concept scores of the participants. Adolescents from both the Camp and Israel groups scored in the above average range on the Piers-Harris Self-Concept Scale prior to and following the summer excursion. Directed at parents, scholars, and communities, this study calls attention to the importance of religiosity and culture to adolescent development. This research project also confirms this study's hypothesis that sending all Jewish adolescents to Israel between Middle and Late Adolescence lessens developmental ambiguity and strengthens self-esteem. By gaining an understanding of roots, identity, and self-esteem, adolescents and adults may become more accepting of themselves, thus enhancing their ability to be open and accepting of others—much needed qualities.     

Heidegger,Sociality, and Human Agency

According to Heidegger's Being and Time, social relations are constitutive of the core features of human agency. On this view, which I call a ‘strong conception’ of sociality, the core features of human agency cannot obtain in an individual subject independently of social relations to others. I explain the strong conception of sociality captured by Heidegger's underdeveloped notion of ‘being‐with’ by reconstructing Heidegger's critique of the ‘weak conception’ of sociality characteristic of Kant's theory of agency. According to a weak conception, sociality is a mere aggregation of individual subjects and the core features of human agency are built into each individual mind. The weak conception of sociality remains today widely taken for granted. I show that Christine Korsgaard, one of the most creative contemporary appropriators of Kant, operates with a weak conception of sociality and that this produces a problematic explanatory deficiency in her view: she is unable to explain the peculiar motivational efficacy of shared social norms. Heidegger's view is tailor made to explain this phenomenon. I end by sketching how Heidegger provides a social explanation of a major systematic concern animating Korsgaard, the concern with the importance of individual autonomy and answerability in human life.     

Response to Ranganathan

This essay responds to Bharat Ranganathan's “Comment” on my essay, “The Concept of Dignity in the Universal Declaration of Human Rights” (2011). Addressing key criticisms in this “Comment,” I make the following points. First, neither the idea of inherent dignity being “imparted” to humans, nor the Universal Declaration's implication—through its use of terms such as “inherent” and “inalienable”—that humans participate in transcendent reality, necessarily presuppose a Christian metaphysics. Second, a concept such as “inherent dignity” must be affirmed to be intrinsically heuristic unless we are to assume that its meaning can be completely known within the conditions of existence; but this affirmation does not render such concepts “indeterminate of sense.” Finally, Ranganathan's distinction between“weak” and “strong” senses of transcendence is untenable. If human truths beyond all contingencies are knowable (“weak” transcendence), then there must be a real dimension of meaning that transcends all contingencies (“strong” transcendence).