Must we choose our leaders? human rights and political participation in China

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of ‘democratic centralism’ shows that while it does not now adequately support the right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive.     

Young children's understanding of violations of property rights

The present work investigated young children’s normative understanding of property rights using a novel methodology. Two- and 3-year-old children participated in situations in which an actor (1) took possession of an object for himself, and (2) attempted to throw it away. What varied was who owned the object: the actor himself, the child subject, or a third party. We found that while both 2- and 3-year-old children protested frequently when their own object was involved, only 3-year-old children protested more when a third party’s object was involved than when the actor was acting on his own object. This suggests that at the latest around 3 years of age young children begin to understand the normative dimensions of property rights.     

On the Limits of Parental Proxy Consent: Children's Right to Non-Participation in Non-Therapeutic Research

This paper considers what are the appropriate limits of parental or guardian proxy consent for a child's participation in medical or social science research. Such proxy consent, it is proposed, is invalid in regards “non-therapeutic research.” The latter research may add to scientific knowledge and/or benefit others, but any benefit to the child research participant is but a coincidental theoretical possibility and not a primary objective. Research involving children, without intended and acceptable prospect of beneficial outcome to the individual participant, even if with negligible risk, does not meet the test for “best interests.” Proxy consent for children's involvement in research is justifiable only when given for and on behalf of the child in his or her best interest to enhance the child's well-being. Only in the latter case is the parental proxy consent situation analogous in regards key criteria to a competent individual consenting to research participation. This revised version was published online in August 2006 with corrections to the Cover Date.     

从伦理视野审视中国公民观

公民观是随着历史而变迁的实践性语汇,它的发育是一个不断剥离一些限制性变量而又不断生成一些新变量的过程。本文要回答的核心问题是:在当今中国我们需要什么样的公民观?以权利和义务对等的社会主义自主平等型公民观是当今中国的必然选择,它是一种理性契约式的公民观。这种公民观的养成在传统政治、经济和文化上可能依然存在着阻力,我们要克服这些阻力就必须坚守一个良好的公民教育观。     

Natural law and history in Locke's theory of distributive justice

According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards tangible external goods, this action may have important consequences for other people. Therefore Locke's theory of appropriation is a theory of justice.Locke's solution is made possible by the methodological improvement which allows a clear separation between the natural law and the historical and empirical conditions of its application: this improvement is a consequence of the distinction between modes and substances established in Locke's Essay.Locke's theory can be considered an extensive re-elaboration, in polemic against Filmer, of the anti-monopolistic principle characteristic of the whole of Scholastic social thought: this principle is intimately connected with the principle of man's natural liberty.Locke maintains a negative and formal conception of justice: justice prohibits interference with others' liberty of appropriation. Alongside the justice is the positive and conditional obligation of charity which prescribes the transfer of some of one's own goods to others who need them in order to survive. But for Locke there are precise limits on the obligation of charity: the application of charity suspends the application of justice only when the immediate physical survival is at stake; in all other cases justice leaves no room for charity.The Lockian negative conception of justice, which allows unlimited liberty of appropriation, is dependent on the empirical and historical condition of the incommensurability of the main resource. The widespread use of money acts as an accelerating element in the process of exhaustion of the incommensurability of land-resources but, at the same time, it renders self-preservation and appropriation almost completely independent of the natural environment. Money creates an infinite number of opportunities for the outlay of labour irrespective of the availability of land, that is, it renders labour the principal resource of the civilized world, and labour is an incommensurable and infinitely reproducible resource. The incommensurability of the labour resource thus supports the Lockian theory of negative distributive justice; but over the Lockian solution already loomed the threatening shadow of pauperism.The subject of this essay is further dealt with in my book on Locke's political and social philosophy Nel crepuscolo della probabilitá, Bibliopolis, Napoli, 1983. There I develop further the interpretation of Locke's theory of justice presented here and analyse his theoretical and historical presuppositions.     

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.

A Right of Rebellion in the Mengzi?

Mengzi believed that tyrannical rulers can be justifiably deposed, and many contemporary scholars see this as grounding a right of popular rebellion. I argue that the text of the Mengzi reveals a more mixed view, and does so in two respects. First, it suggests that the people are sometimes permitted to participate in a rebellion but not permitted to decide for themselves when rebellion is warranted. Second, it gives appropriate moral weight not to the people’s judgments about the justifiability of rebelling, but rather to certain affections and behaviors that closely track their life satisfaction. I contend that in both respects the permissions Mengzi grants the people fall short of a proper right of rebellion. I conclude that the more historical account of Mengzi’s “just revolt theory” suggests an intriguing division of deliberative labor, and note some of the advantages of this account.     

Human Rights and Pluralism in CatholicSocial Thought

The essay argues that a Catholic tradition of natural law and its conception of human rights depend on the continuing life of institutions that stand apart from and sustain standards of justice independent from the modern state and its corresponding economy. Christians contribute to a defense of human rights precisely as members of their Churches, through their social and institutional presence across the globe. Catholic social thought deals with matters of human rights from within a tradition of natural law that assumes a common human end, a common good. This ecclesiological tradition of the human good is precisely what Catholics have to offer in a context of pluralism. The Church has a task of sustaining institutions where its practical rationality about human goods offers a practical alternative in a world where the self-interest of states and purely economic interests win the day.     

Marriage,Morality, and Institutional Value

This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor virtue-ethical accounts account for these intuitions, suggesting that a distinctive deontological account is needed. The account I give is drawn from Kant’s Metaphysics of Morals; I distinguish it from Kantian views of institutions developed by Barbara Herman and Onora O’Neill. Throughout, I use marriage as an example.

THE SCIENTIST AS STATESMAN: BIOLOGISTS AND THIRD WORLD HEALTH

One of the most threatening problems the world faces is the growing poverty crisis and the related human rights inequalities and the spread of diseases in underprivileged areas. Human rights and relief organizations try hard to contain the devastation of these interconnected difficulties. What is the role of the biomedical scientist in this endeavor? The challenges that biomedical scientists face in their research lead us to question whether scientists can go beyond the time‐consuming realm of experimental investigation and engage the issues of society in a more public way. I suggest how the scientist's role can be expanded in our complex and precarious world, introducing the idea of the modern biomedical researcher as scientist, scholar‐philosopher, and statesman for the scientific community and the larger human rights community. I provide examples of where the scientist can interface with human rights organizations, medical doctors, political and civic leaders, and the science‐religion dialogue. My argument reveals the emerging role of the biomedical scientist as one of public service in addition to and beyond the realm of the experimental investigator. This role, however, is formidable, and I list some of the obstacles it entails.