DOCSLIB.ORG

A Universal Human Dignity: Its Nature, Ground and Limits

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Universal Human Dignity: Its Nature, Ground and Limits A Universal Human Dignity: Its Nature, Ground and Limits Submitted by James David Ernest Watson to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Philosophy In September 2016 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 2 For Kezia, for your love, patience and support 3 Abstract A universal human dignity, conceived as an inherent and inalienable value or worth in all human beings, which ought to be recognised, respected and protected by others, has become one of the most prominent and widely promoted interpretations of human dignity, especially in international human rights law. Yet, it is also one of the most difficult interpretations of human dignity to justify and ground. The fundamental problem rests on how one can justify bestowing an equal high worth to all human lives, whilst also attributing to all human life a worth that is superior to all non-human animal life. To avoid the speciesist charge it seems necessary to provide further reasons, over and above species membership, for why all humans have a unique worth and dignity. However, intrinsic capacities, such as autonomy, intelligence or language use, are too demanding for many humans (including foetuses or the severely cognitively disabled) to meet the required minimum standard, whilst also being obtainable by some non-human animals, regardless of where the level is set. This thesis offers a solution to this problem by turning instead to the significance of the relational ties between individuals or groups that transcend individual capacities and abilities, and consequently does not require that all individuals in the group need meet the minimum required capacity for full moral status. Rather, it is argued that a universal human dignity could be grounded in our social nature, the interconnectedness and interdependence of human life and the morally considerable relationships that can and do arise from it, especially in regards to our shared vulnerability and dependence, and our ability to engage in caring relationships. Care represents the antithesis to the dehumanizing effects of humiliation, and other degrading and dehumanizing acts, and as a relational concept, human dignity is often best realised through our caring relationships. The way that individuals and groups treat each other has a fundamental role in determining both an individual’s sense of self-worth and well-being, as well as their perceived public value and worth. Thus, whilst species membership is not in itself morally fundamental or basic, it often shapes the nature of our social and moral relations. These relational ties between humans, it is argued, distinguish us most clearly from other non-human animals and accord human relationships a special moral significance or dignity. 4 Acknowledgements I would like to extend my deep gratitude to Professor Michael Hauskeller for all his efforts in supervising my research studies. Undertaking a doctorate part- time, and at distance, could have been a long, daunting and isolating experience. It is due to Michael then that it has remained an enjoyable and enriching experience throughout the past five years. Thank you for all that you have done in making me feel a valued member of your Doktorandenseminar, as well as part of the wider research community at the University of Exeter. Thank you also to my mentor Dr Sabina Leonelli for her willingness and enthusiasm to check on my progress, as well as my second supervisor Dr Nigel Pleasants. I am forever grateful for the support of my parents (and to my mother for her careful proofreading). I would also like to thank both Professor Christine Hauskeller and Dr Edward Skidelsky for reading through earlier drafts and guiding me through the upgrade process. 5 List of Contents Abstract ................................................................................................................. 3 Acknowledgements ............................................................................................. 4 List of Figures ....................................................................................................... 9 Introduction ......................................................................................................... 11 Universal Human Dignity ........................................................................................ 11 The Ground of Dignity ............................................................................................. 18 Relational Dignity ..................................................................................................... 22 Structure and Content of the Thesis ..................................................................... 26 Section 1 – The Changing Face of Human Dignity: A Brief Historical Survey .................................................................................................................. 34 Introduction ......................................................................................................... 35 Chapter 1 Dignity and the Ancient World ....................................................... 42 Dignitas and the Social Sphere .............................................................................. 42 Aristotle ...................................................................................................................... 44 Cicero ......................................................................................................................... 46 Chapter 2 The Age of God: Medieval Perspectives on Human Dignity ..... 52 Chapter 3 The Renaissance: The Rebirth of Dignity .................................... 58 Pico della Mirandola ................................................................................................ 61 Chapter 4 Dignity in the Early Modern Period ............................................... 65 Hobbes ....................................................................................................................... 65 Immanuel Kant .......................................................................................................... 68 Persons, Non-human Animals and Marginal Cases ....................................... 74 Chapter 5 Dignity in the Modern Era ............................................................... 78 Introduction ................................................................................................................ 78 Dignity and the French Revolution ........................................................................ 81 Declaration of the Rights of Man and of the Citizen (1789) ........................... 81 Human Dignity and Human Rights ........................................................................ 84 The Charter of the United Nations ..................................................................... 84 The Universal Declaration of Human Rights .................................................... 85 The International Bill of Human Rights ............................................................. 89 Charter of Fundamental Rights of the European Union ................................. 90 6 Human Dignity and Bioethics and Biolaw ............................................................ 92 Section 2 – The Nature and Ground of Human Dignity ................................. 94 Chapter 6 Human Dignity and Speciesism .................................................... 95 Human and Animal Dignity ..................................................................................... 95 What is Speciesism? ............................................................................................. 103 Marginal Cases ....................................................................................................... 111 Equal Consideration, Equal Treatment, and the Relevance of Suffering .. 114 Species Loyalty and Social Bondedness ........................................................... 119 Conclusion ............................................................................................................... 129 Chapter 7 The Significance of Being Human .............................................. 132 Introduction .............................................................................................................. 132 Human Distinctiveness versus Human Uniqueness ......................................... 136 Humans as a Break from Nature ..................................................................... 138 The Argument from Great Achievements ....................................................... 140 Culture .................................................................................................................. 145 The Grounding Capacities of Human Dignity .................................................... 149 Autonomy ............................................................................................................. 150 The Problem of Normativity .............................................................................. 153 Universal Human Dignity ...................................................................................... 156
Load more

Recommended publications
  • Bibliography and Further Reading
    Herring: Medical Law and Ethics, 7th edition Bibliography and Further Reading Aasi, G.-H. (2003) ‘Islamic legal and ethical views on organ transplantation and donation’ Zygon 38: 725. Abdallah, H., Shenfield, F., and Latarche, E. (1998) ‘Statutory information for the children born of oocyte donation in the UK’ Human Reproduction 13: 1106. Abdallah, S., Daar, S., and Khitamy, A. (2001) ‘Islamic Bioethics’ Canadian Medical Association Journal 9: 164. Abortion Law Reform Association (1997) A Report on NHS Abortion Services (ALRA). Abortion Rights (2004) Eroding Women’s Rights to Abortion (Abortion Rights). Abortion Rights (2007) Campaign for a Modern Abortion Law Launched as Poll Confirms Overwhelming Public Support (Abortion Rights). Academy of Medical Sciences (2011) Animals Containing Human Material (Academy of Medical Sciences). ACC (2004) Annual Report (ACC). Ackernman, J. (1998) ‘Assisted suicide, terminal illness, severe disability, and the double standard’ in M. Battin, R. Rhodes, and A. Silvers (eds) Physician Assisted Suicide (Routledge). Action for ME (2005) The Times Reports on Biological Research (Action for ME).Adenitire, J. (2016) ‘A conscience-based human right to be ‘doctor death’’ Public Law 613. Ad Hoc Advisory Group on the Operation of NHS Research Ethics Committees (2005) Report (DoH). Adams, T., Budden, M., Hoare, C. et al (2004) ‘Lessons from the central Hampshire electronic health record pilot project: issues of data protection and consent’ British Medical Journal 328: 871. Admiral, P. (1996) ‘Voluntary euthanasia’ in S. McLean (ed.) Death Dying and the Law (Dartmouth). Adshead, G. (2003) ‘Commentary on Szasz’ Journal of Medical Ethics 29: 230. Advisory Group on the Ethics of Xenotransplantation (1996) Report (DoH).
    [Show full text]
  • A Critical Evaluation of Peter Singer's Ethics
    A Critical Evaluation of Peter Singer’s Ethics By Tanuja Kalita Roll No. 08614103 Department of Humanities and Social Sciences Indian Institute of Technology Guwahati Guwahati - 781039 India A Critical Evaluation of Peter Singer’s Ethics A thesis submitted to Indian Institute of Technology Guwahati in partial fulfilment of the requirements for the degree of Doctor of Philosophy By Tanuja Kalita Roll No. 08614103 Supervisor Dr V Prabhu Department of Humanities and Social Sciences Indian Institute of Technology Guwahati Guwahati - 781039 India April 2013 TH-1184_08614103 Dedicated to My Parents, Father -in -law and Daughter i TH-1184_08614103 Indian Institute of Technology Guwahati Department of Humanities and Social Sciences Guwahati 781039 Assam, India Statement I hereby declare that this thesis, entitled A Critical Evaluation of Peter Singer’s Ethics , is the outcome of my own research work in the Department of Humanities and Social Sciences, Indian Institute of Technology Guwahati, India, which has been carried out under the supervision of Dr. V Prabhu in the Department of Humanities and Social Sciences. IIT Guwahati April 2013 Tanuja Kalita ii TH-1184_08614103 Indian Institute of Technology Guwahati Department of Humanities and Social Sciences Guwahati 781039 Assam, India Certificate It is certified that the matter embodied in the thesis entitled A Critical Evaluation of Peter Singer’s Ethics , submitted for the award of the degree of Doctor of Philosophy by Tanuja Kalita , a student of the Department of Humanities and Social Sciences, Indian Institute of Technology Guwahati, India, has been carried out under my supervision. It is also certified that this work has not been submitted anywhere else for the award of a research degree.
    [Show full text]
  • Contemporary Moral Theories: Introduction to Contemporary Consequentialism Syllabus [Kian Mintz-Woo]
    Contemporary Moral Theories: Introduction to Contemporary Consequentialism Syllabus [Kian Mintz-Woo] Course Information In this course, I will introduce you to some of the ways that consequentialist thinking leads to surprising or counterintuitive moral conclusions. This means that I will focus on issues which are controversial such as vegetarianism, charity, climate change and health-care. I have tried to select readings that are both contemporary and engaging. Hopefully, these readings will make you think a little differently or give you new ideas to consider or discuss. This course will take place in SR09.53 from 15.15-16.45. I have placed all of the readings for the term (although there might be slight changes), along with questions in green to help guide your reading. Some weeks have a recommended reading as well, which I think will help you to see how people have responded to the kinds of arguments in the required text. Please look over the descriptions and see which readings you are most interested in presenting for class for our first session on 10.03.2016. (Please tell me if you ever find a link that does not work or have any problems accessing content on this Moodle page.) I have a policy that cellphones are off in class; we will have a 5-10 minute break in the course and you can check messages only during the break. As a bonus, I have included at least one fun thing each week which relates to the theme of that week. Marking The course has three marked components: 1.
    [Show full text]
  • Five Misguided Attempts to Defend Speciesism
    1 Five Misguided Attempts to Defend Speciesism Bryan Ross Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds School of Philosophy, Religion and History of Science September 2020 2 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. The right of Bryan Ross to be identified as Author of this work has been asserted by Bryan Ross in accordance with the Copyright, Designs and Patents Act 1988. 3 Acknowledgments I want to thank my supervisors, Gerald Lang and Rob Lawlor, for their priceless philosophical guidance. I am grateful for the patience, promptness, and diligence with which they have read and commented on so many drafts of each chapter of this thesis. This thesis would not have been possible without them. Thank you very much to Jessica Isserow and Patrick Tomlin for giving up their time to be my examiners. I am also very thankful for the financial support received from the University of Leeds, for the first 3 years of my PhD. I am incredibly lucky to have met Adina Covaci, Alison Toop, Emily Paul, Gary Mullen, Marc Wilcock, and Will Gamester during my time at Leeds. I honestly do not think I could have done this without all of you. Finally, I am indebted to my family - my parents, John and Belinda; my sisters, Cathy and Johanna; my brother, Johnny; my wife’s family, John, Sean, and Chloe; and my wife, Lisa- Marie, whom the thesis is dedicated to.
    [Show full text]
  • Animal & Natural Resource Law Review
    ANIMAL & NATURAL RESOURCE LAW REVIEW Michigan State University College of Law MAY 2020 VOLUME XVI The Animal & Natural Resource Law Review is published annually by law students at Michigan State University College of Law. The Review receives generous support from the Michigan State University College of Law. Without their generous support, the Review would not have been able to host its annual symposium. The Review also is funded by subscription revenues. Subscription requests and article submissions may be sent to: Professor David Favre, The Animal & Natural Resource Law Review, Michigan State University College of Law, 368 Law College Building, East Lansing MI 48824, or by email to [email protected]. Current yearly subscription rates are $27.00 in the U.S. and current yearly Internet subscription rates are $27.00. Subscriptions are renewed automatically unless a request for discontinuance is received. Back issues may be obtained from: William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209. The Animal & Natural Resource Law Review welcomes the submission of articles, book reviews, and notes & comments. Each manuscript must be double spaced, in 12 point, Times New Roman; footnotes must be single spaced, 10 point, Times New Roman. Submissions should be sent to [email protected] using Microsoft Word or PDF format. Submissions should conform closely to the 21st edition of The Bluebook: A Uniform System of Citation. All articles contain a 2020 author copyright unless otherwise noted at beginning of article. Copyright © 2020 by The Animal & Natural Resource Law Review, Michigan State University College of Law. ANIMAL & NATURAL RESOURCE LAW REVIEW VOL.
    [Show full text]
  • Ford, Norman M., the Prenatal Person
    The Prenatal Person Ethics from Conception to Birth Norman M. Ford SDB Director Caroline Chisholm Centre for Health Ethics East Melbourne Australia Blackwell Publishing Copyright Norman M. Ford 2002 350 Main Street, Malden, MA 02148-5018, USA 108 Cowley Road, Oxford OX4 1JF, UK 550 Swanston Street, Carlton, Victoria 3053, Australia Kusfurstendamm 57, 10707 Berlin, Germany The right of Norman M. Ford to be identified as the Author of this Contents Work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. First published 2002 by Blackwell Publishers Ltd, a Blackwell Publishing company. Preface Acknowledgments xiv Library of Congress Cataloging-in-Publication Data 1 Ford, Norman M. Part I: Foundations The prenatal person: ethics from conception to birth / Norman M. Ford. 3 1 Morality for Persons p. cm. 4 Includes bibliographical references and index. 1.1 Utilitarianism 7 ISBN 0-631-23491-8 (alk. paper) — ISBN 0-631-23492-6 1.2 Contemporary Concept of Person 9 (pbk. : alk. paper) 1.3 Traditional Concept of Person 10 1. Human reproductive technology — Moral and ethical aspects. Subject-centered approach 13 2. Human reproductive technology — Religious aspects — Catholic Church. Human-nature approach 16 I. Title. 1.4 Survival of Traditional Morality RG133.5. F66 2002 Persons, truth, and moral necessity 16 176 — dc21 Inadequacy of utilitarianism 19 2002066415 Criterion of morality 20 Morality and natural law 25 A catalogue record for this title is available from the British Library.
    [Show full text]
  • Do Machines with Artificial Intelligence Performing As Caring Companions Have Per
    Do Machines with Artificial Intelligence Performing as Caring Companions Have Per- sonhood and Social Rights? BY Yixi Zhou A Study Presented to the Faculty of Wheaton College in Partial Fulfillment of the Requirements for Graduation with Departmental Honors in Philosophy Norton, Massachusetts May 10, 2020 Preface and Acknowledgment 2020 is a year that everyone has called it “unprecedented.” Because of the out- break of COVID-19, people are in self-quarantine and have to practice social distancing policy, remaining six-feet apart from each other. Wheaton College decisively implement- ed remote instructions for all courses after an extended spring break. During this time, though we are physically distanced, modern technologies have brought us closer together virtually. Finishing this thesis writing in this global pandemic has been challenging but inspiring. It reminds me to reflect on the fact of how technologies are changing our lifestyles and what caring companionship means to us. I am genuinely grateful for the opportunity given by the Department of Philoso- phy at Wheaton College to develop my interests in the Ethics of Artificial Intelligence. Thank you to all the professors who have guided me to understand the world from a philosophical perspective. My greatest appreciation goes to Professor Partridge and Pro- fessor Foley. Thank you to Professor Partridge for guiding me to finish this thesis with such insightful advice. Thank you to Professor Foley for always being so patient on help- ing improve my writing skills. I would also like to express my gratitude to Professor Kendrick and Professor Gingo, for joining my thesis defense committee.
    [Show full text]
  • Whats Wrong with Speciesism?
    bs_bs_banner Journal of Applied Philosophy doi: 10.1111/japp.12164 What’s Wrong with Speciesism? SHELLY KAGAN ABSTRACT Peter Singer famously argued in Animal Liberation that almost all of us are speciesists, unjustifiably favoring the interests of humans over the similar interests of other animals. Although I long found that charge compelling, I now find myself having doubts.This article starts by trying to get clear about the nature of speciesism, and then argues that Singer’s attempt to show that speciesism is a mere prejudice is unsuccessful. I also argue that most of us are not actually speciesists at all, but rather accept a view I call modal personism.Although I am not confident that modal personism can be adequately defended, it is, at the very least, a philosophical view worthy of further consideration. 1. Singer’s Attack on Speciesism 1.1. Like many people, I first became aware of the concept of speciesism as a result of reading Peter Singer’s incredibly important book, Animal Liberation, first published in 1975.1 Although Singer didn’t coin the term, he popularized it, and he immediately persuaded me — and countless others — that speciesism is a ubiquitous and deplorable prejudice. Here is Singer’s own account of the term: ‘Speciesism ...isaprejudice or attitude of bias in favor of the interests of members of one’s own species and against those of members of other species’ (AL, p. 6). The idea, of course, was to suggest an analogy with other, more familiar forms of prejudice, such as racism or sexism. All of these, it was claimed, were mere prejudices in which one unjustifiably favored a given group.
    [Show full text]
  • Applied Ethics
    Chapter 16 Last Rights: Applied Ethics BELIEVE that it is now pretty generally accepted by profes- sional philosophers that ultimate ethical principles must be ‘Iarbitrary’,1 wrote Brian Medlin in 1957. That may have been a slight exaggeration, but the tendency of philosophy in the mid-cen- tury was certainly towards an extreme minimalism in ethics. Mackie, as we saw, agreed with Medlin and denied that there was any such thing as ethics. He argued that moral properties would be ‘queer’ ones, from a scientific point of view. Where is the cruelty of an act, he asks, over and above the pain it causes and the subjective responses in the observers?2 David Armstrong spoke for many philosophers who were not primarily interested in ethics when he claimed that objec- tive value is not the kind of thing that can be causally efficacious — it would be a kind of metaphysical superfluity to the world revealed by science.3 In Melbourne, they did not go quite as far as that. Philosophers there agreed in part, but believed there were ways of refuting selfish- ness without the need to suppose there were any really moral values. There was, they thought, plenty of scope for reason in ethics, and its 1 B. Medlin, ‘Ultimate principles and ethical egoism’, AJP 35 (1957): pp. 111–8, repr. in W.P. Alston & R.B. Brandt, eds, The Problems of Philosophy: Introductory Readings (Boston, 1967), pp. 229–35. 2 J. Mackie, Ethics: Inventing Right and Wrong, pp. 38–41; similar in P. Godfrey-Smith, ‘No, Virginia, there is no right or wrong’, Proceedings of the Russellian Society 10 (1985): pp.
    [Show full text]
  • Utilitarianism
    Utilitarianism Utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals.[1][2] Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is to in some sense maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described utility as "that property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness...[or] to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered." Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all humans equally. Proponents of utilitarianism have disagreed on a number of points, such as whether actions should be chosen based on their likely results (act utilitarianism), or whether agents should conform to rules that maximize utility (rule utilitarianism). There is also disagreement as to whether total (total utilitarianism), average (average utilitarianism) or minimum utility[3] should be maximized. Though the seeds of the theory can be found in the hedonists Aristippus and Epicurus, who viewed happiness as the only good, and in the work of the medieval Indian philosopher Śāntideva, the tradition of utilitarianism properly began with Bentham, and has included John Stuart Mill, Henry Sidgwick, R. M. Hare, and Peter Singer. The concept has been applied towards social welfare economics, the crisis of global poverty, the ethics of raising animals for food, and the importance of avoiding existential risks to humanity.
    [Show full text]
  • Catholic Bioethics for a New Millennium
    CATHOLIC BIOETHICS FOR A NEW MILLENNIUM Can the Hippocratic and Judeo-Christian traditions be synthesized with contemporary thought about practical reason, virtue and com- munity to provide real-life answers to the dilemmas of healthcare today? Bishop Anthony Fisher discusses conscience, relationships and law in relation to the modern-day controversies surround- ing stem cell research, abortion, transplants, artificial feeding and euthanasia, using case studies to offer insight and illumination. What emerges is a reason-based bioethics for the twenty-first cen- tury; a bioethics that treats faith and reason with equal seriousness, that shows the relevance of ancient wisdom to the complexities of modern healthcare scenarios and that offers new suggestions for social policy and regulation. Philosophical argument is comple- mented by Catholic theology and analysis of social and biomedical trends, to make this an auspicious example of a new generation of Catholic bioethical writing which has relevance for people of all faiths and none. anthony fisher is a Dominican friar and the Bishop of Parramatta, in Western Sydney. He is a Member of the Pontifical Academy for Life, Professor of Moral Theology andB ioethics in the John Paul II Institute for Marriage and the Family, Melbourne, and Adjunct Professor of Bioethics in the University of Notre Dame, Sydney. CATHOLIC BIOETHICS FOR A NEW MILLENNIUM ANTHONY FISHER cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Tokyo, Mexico City Cambridge University Press The Edinburgh Building, Cambridge cb2 8ru, uk Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9781107009585 © Anthony Fisher 2012 This publication is in copyright.
    [Show full text]
  • What's Wrong with Speciesism? (Society of Applied Philosophy
    bs_bs_banner Journal of Applied Philosophy doi: 10.1111/japp.12164 What’s Wrong with Speciesism? (Society of Applied Philosophy Annual Lecture 2015) SHELLY KAGAN ABSTRACT Peter Singer famously argued in Animal Liberation that almost all of us are speciesists, unjustifiably favoring the interests of humans over the similar interests of other animals. Although I long found that charge compelling, I now find myself having doubts.This article starts by trying to get clear about the nature of speciesism, and then argues that Singer’s attempt to show that speciesism is a mere prejudice is unsuccessful. I also argue that most of us are not actually speciesists at all, but rather accept a view I call modal personism.Although I am not confident that modal personism can be adequately defended, it is, at the very least, a philosophical view worthy of further consideration. 1. Singer’s Attack on Speciesism 1.1. Like many people, I first became aware of the concept of speciesism as a result of reading Peter Singer’s incredibly important book, Animal Liberation, first published in 1975.1 Although Singer didn’t coin the term, he popularized it, and he immediately persuaded me — and countless others — that speciesism is a ubiquitous and deplorable prejudice. Here is Singer’s own account of the term: ‘Speciesism ...isaprejudice or attitude of bias in favor of the interests of members of one’s own species and against those of members of other species’ (AL, p. 6). The idea, of course, was to suggest an analogy with other, more familiar forms of prejudice, such as racism or sexism.
    [Show full text]