JUSTICE AS INHERENT RIGHTS: A RESPONSE TO MY COMMENTATORS

The critical comments by my fellow symposiasts on my book, Justice: Rights and Wrongs , have provided me with the opportunity to clarify parts of my argument and to correct some misunderstandings; they have also helped me see more clearly than I did before the import of some parts of my argument. In his comments, Paul Weithman points out features of the right order conception of justice that I had not noticed. They have also prodded me to clarify in what way rights are trumps; and both his comments and Bernstein's have prodded me to clarify certain aspects of the theistic account of human rights that I offered. Attridge's comments lead me to see that I was perhaps over-zealous in emphasizing the objective aspects of the semantic range of dikaiosunê as used in the New Testament and downplaying the subjective aspects. And O'Donovan's comments have provided me with the opportunity to make clear that my account of rights is not an immunities account that presupposes nominalism, and to emphasize the ways in which it is not an asocial individualistic account.     

Toward the 'Rights of the Poor' Human Rights in Liberation Theology

In this article, the author traces the response of liberation theologians to human rights initiatives through three distinct stages over the past thirty years: from an initial avoidance of the concept, to an early critique, and then to a nuanced theological appropriation. He contends that liberation theology brings a thoroughgoing concern for the poor and an innovative methodology of historicization to the discussion of human rights. In clarifying the treatment of human rights within a specific religious movement, the author also addresses larger questions about the specific role of human rights language. To this end, the article shows how liberation theologians have grappled concretely with the divisions among different 'generations' of rights, various rights discourses, and diverse options for rights advocacy.     

DOES HE PULL IT OFF? A THEISTIC GROUNDING OF NATURAL INHERENT HUMAN RIGHTS?

This paper focuses on two key issues in Nicholas Wolterstorff's Justice: Rights and Wrongs . It argues that Wolterstorff's theistic grounding of inherent rights is not successful. It also argues that Wolterstorff does not provide adequate criteria for determining what exactly these natural inherent rights are or criteria that can help us to evaluate competing and contradictory claims about these rights. However, most of Wolterstorff's book is not concerned with the theistic grounding of inherent rights. Instead, it is devoted to a detailed and rigorous articulation of the meaning and defense of a theory of justice as consisting of inherent rights and with showing why this theory of justice is superior to the alternative right order theories that Wolterstorff criticizes. The paper concludes that these accomplishments are not diminished even if Wolterstorff has failed to provide us with a satisfactory theistic grounding of his theory.     

APPROACHING ISLAM: Comparative Ethics through Human Rights

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such as democracy, toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities.     

War experiences and emerging rights claims in postwar former Yugoslavia: The role of generalized conflict exposure and collective anomie

Violent conflicts have often been observed to generate social environments in which human rights violations are more easily tolerated and legitimized. However, recent research has documented cases in which communities exposed to violence react with increased condemnations of human rights violations. In this article, we focus on the distinction between generalized and particularized violence. Our findings show that, in the postwar ex-Yugoslavia context, when local communities have been exposed to violence that was generalized across different ethno-national groups, they strongly condemn human rights violations. Multilevel structural equation models show that the relationship between generalized victimization and the condemnation of human rights violations is mediated by a collective sense of anomie. The processes that move from collective exposure to violence to the collective reaffirmation of human rights are more likely to unfold in communities where violence transcended group boundaries than in communities where particular groups were disproportionately affected by the violence.     

A Moral Defense of Trophy Hunting

ABSTRACT

This paper defends the morality of hunting for sport, also known as recreational or trophy hunting. Using an argument from analogy, I argue that there is no morally relevant difference between trophy hunting and another activity that most of us regard as uncontroversial. Since the latter is morally permissible, so is trophy hunting. Several disanalogies are examined and found irrelevant.     

The Compassionate Treatment of Animals

The compassionate treatment of animals has been the focal point of speeches and writings by one of the most influential Buddhist cleric‐scholars on the Tibetan plateau today, Khenpo Tsultrim Lodrö of Larung Buddhist Academy. This essay surveys the Khenpo's broad‐based advocacy for animal welfare and details his discrete appeals to nomads in eastern Tibet to forgo selling livestock for slaughter, to eat a vegetarian diet on religious holidays, to relinquish wearing animal fur, to protect wildlife habitat, and to liberate the lives of animals. I focus on the modernist “this worldly” dimension of his advocacy, calling attention to how Tsultrim Lodrö goes beyond traditional scare tactics that emphasize the karmic effects of negative deeds in future lives and instead invokes compassion by attending to the lived experience and suffering of animals. In doing so, the Khenpo positions Buddhism as a civilizing force in order to reform certain Tibetan customs and mitigate the influence of Chinese modernity and state marketization policies. I argue that his strategy of “reverse orientalism” appropriates state civilizational discourse and reverses its terms.     

Letters, Notes, & Comments

Includes:
G. Simon Harak, S.J., Commenting on Recent Studies in Aquinas's Virtue Ethic: A Review Essay by Jean Porter
James F. Keenan, S.J., Commenting on Recent Studies in Aquinas's Virtue Ethic: A Review Essay by Jean Porter
The author replies... by Jean Porter, author of Recent Studies in Aquinas's Virtue Ethic: A Review Essay     

Taking a Step Back,Moving Forward: Place and Space without Mental Representations

ABSTRACT

The publication of the revised edition of Place and Experience provides the occasion to discuss Malpas’ original account of place, and its role in a proper account of the central features of human minds. The first edition is a groundbreaking work on the embodiment and embeddedness of human minds, that prefigures more recent developments of a now established field of research on embodied minds: so-called E accounts. In this paper, I address three issues in Malpas’ book that I found problematic at times and unclear at others, and argue that E- accounts, or better, a particular rendering of them, can better dissolve. These interrelated issues are: 1. the use of the idea of mental representations to understand location and orientation; 2. the claim that non-human animals have ‘environments’ but lack ‘worlds’, 3. the use of two exclusive vocabularies, the physical and the mental, for describing cognition. I thus question such ideas, associated with traditional accounts of cognition, which not only are responsible for some of the gravest criticisms such accounts have received, but seem inadequate to Malpas’ characterization of minds as placed. My recommendation is to take a step back from the traditional framework, and allow ourselves to simply move forward.     

Recentering Christian Ethics as Comparative Religious Ethics

The filial relationship between Christian ethics and Comparative Religious Ethics (CRE) need not be perniciously distortive and can be salutary for comparative work. I suggest that the suspicions about CRE as a disguised form of a “Christian ethical enterprise” are overstated and that we can appreciate the value of the legacy of Christian ethics for comparative work in the focal themes of emancipatory criticism and common morality. Both of these themes, even if influenced by Christian ethics, reflect more universal social‐moral problems that can be discerned in cross‐cultural contexts.