UNIVERSAL HUMAN RIGHTS AS A SHARED POLITICAL IDENTITY IMPOSSIBLE? NECESSARY? SUFFICIENT?

Abstract: Would a global commitment to international human rights norms provide enough of a sense of community to sustain a legitimate and sufficiently democratic global order? Sceptics worry that human rights cannot help maintain the mutual trust among citizens required for a legitimate political order, since such rights are now too broadly shared. Thus prominent contributors to democratic theory insist that the members of the citizenry must share some features unique to them, to the exclusion of others—be it a European identity ( Habermas and Derrida 2003 ) or a national public culture generally shared only by the members ( Miller 1995, 2000 ). This essay considers and rejects these arguments. While stable, democratic redistributive arrangements do require trust and institutionalised means of trustworthiness; they need not rely on norms or values that distinguish members from non-members: such exclusion is not required. Thus human rights may be part of a common political identity.     

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.     

The role of the hyperintellectual in civil society building and democratization in the Balkans

Although intellectuals have been a part of the cultural landscape, it is in post-conflict societies, such as those found in Kosovo and Bosnia, that there has arisen a need for an intellectual who is more than simply a social critic, an educator, a man of action, and a compassionate individual. Enter the hyperintellectual. As this essay will make clear, it is the hyperintellectual, who through a reciprocating critique and defense of both the nationalist enterprise and strong interventionism of the International Community, as well as being a man of action and compassionate and empathic insider, strives to create a climate of understanding and to enlarge the moral space so as to reduce the divisiveness between opposing parties. In this way the hyperintellectual becomes a catalyst for the creation of a democratic culture within the civil societies of Kosovo and Bosnia.

处理疼痛的理念

处理疼痛的理念各有不同。有人认为手术后疼痛很正常,挺着吧。人老了,腰腿痛就该扛着。而有的人会积极给予止痛治疗,以患者舒适为目标。2007年7月我国卫生部签发了关于《医疗机构诊疗科目名录》中增加“疼痛科”的文件,说明我国进入了一个止痛治疗的新时代。得到疼痛治疗是患者的基本权利,也是医师的崇高职责。有疼有痛忍着不治的时代即将过去,及早、及时为患者止痛是人道主义的体现。     

Habermas,lifelong learning and citizenship education

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action.

Privacy Rights,Crime Prevention,CCTV, and the Life of Mrs Aremac

Over the past decade the use of closed circuit television (CCTV) as a means of crime prevention has reached unprecedented levels. Though critics of this development do not speak with one voice and have pointed to a number of different problems in the use of CCTV, one argument has played a dominant role in the debate, namely, that CCTV constitutes an unacceptable violation of people’s right to privacy. The purpose of this paper is to examine this argument critically. It is suggested that the argument is hard to sustain.     

Cosmopolitan Justice and Equalizing Opportunities

This paper defends a global principle of equality of opportunity, which states that it is unfair if some have worse opportunities because of their national or civic identity. It begins by outlining the reasoning underpinning this principle. It then considers three objections to global equality of opportunity. The first argues that global equality of opportunity is an inappropriate ideal given the great cultural diversity that exists in the world. The second maintains that equality of opportunity applies only to people who are interconnected in some way and infers from this that it should not be implemented at the global level. The third, inspired by Rawls's The Law of Peoples , maintains that it is inappropriate to thrust liberal ideals (like global equality of opportunity) on nonliberal peoples. Each of these challenges, I argue, is unpersuasive.     

Global Justice: Is Interventionalism Desirable?

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of the cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable.     

A Zero-Relationship Justification of Rights: A Contractual Approach Based on Rawls’ Device of the “Original Position”

In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls’ and Scanlon’s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls’ justification device of the “original position.” First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the “original position.” Third, it will show that the parties in the “original position” would choose one of these relationships as the principle of rights. Finally, Rawls’ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.     

民主的概念

The core elements of modern democracy are citizens who share equally in mutually-compatible basic rights, serve as the final decision-makers on the community’s constitution, and choose whom to be entrusted with legislative and executive powers, while at the same time wielding final veto power over the present government. The rule of the majority in modern democracy is no longer a fundamental principle, but rather a derivative principle the validity of which is based on the above-mentioned core elements. Translated by Hu Jinglei from Tianjin Shehui Kexue 天津社会科学 (Tianjin Social Sciences), 2007, (5): 7–12