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Author: J. M. Bernstein
Publisher: University of Chicago Press
ISBN: 022626632X
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
Torture and rape are only rarely considered by moral philosophers—because they are so indisputably morally atrocious acts and because their specific mode of suffering cannot be accounted for by reigning moral theories. By making them pivotal to the understanding of morality in general, however, Jay Bernstein’s intention is to throw into question the dominant schools of modern moral philosophy and to attempt to restructure moral experience and understanding on the basis of the formations of suffering they make salient. Morals, Bernstein argues, emerge from the experience of moral injury, from the sufferings of the victims of moral harm. For us moderns, morality at its most urgent and insistent is, finally, a victim morality. This can sound hyperbolic; but since all of us are potential victims, it turns out that this perspective is readily available and intrinsic to ordinary ethical experience. One of Bernstein’s pivotal arguments is that trust is a form of mutual recognition; that trust is the ethical substance of everyday life; and that understood aright trust is structured from the perspective of a potential victim of harm rather than from the perspective of a deliberating agent. This book promises to be a major contribution to moral philosophy.
Author: J. M. Bernstein
Publisher: University of Chicago Press
ISBN: 022626632X
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
Torture and rape are only rarely considered by moral philosophers—because they are so indisputably morally atrocious acts and because their specific mode of suffering cannot be accounted for by reigning moral theories. By making them pivotal to the understanding of morality in general, however, Jay Bernstein’s intention is to throw into question the dominant schools of modern moral philosophy and to attempt to restructure moral experience and understanding on the basis of the formations of suffering they make salient. Morals, Bernstein argues, emerge from the experience of moral injury, from the sufferings of the victims of moral harm. For us moderns, morality at its most urgent and insistent is, finally, a victim morality. This can sound hyperbolic; but since all of us are potential victims, it turns out that this perspective is readily available and intrinsic to ordinary ethical experience. One of Bernstein’s pivotal arguments is that trust is a form of mutual recognition; that trust is the ethical substance of everyday life; and that understood aright trust is structured from the perspective of a potential victim of harm rather than from the perspective of a deliberating agent. This book promises to be a major contribution to moral philosophy.
Author: Elaine Webster
Publisher: Routledge
ISBN: 9780367894290
Category :
Languages : en
Pages : 165
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Book Description
Although scholars have shown longstanding interest in the boundaries of interpretation of the right not to be subjected to torture and other prohibited harm, the existing body of work does not sufficiently reflect the significance of the interpretive scope of degrading treatment. This book argues that the degrading treatment element of the right is a crucial site of analysis, in itself and for understanding the parameters of the right as a whole. It addresses how, methodologically, the scope of meaning and application of the right not to be subjected to degrading treatment should best be identified and considers the implications thereof. It systematically examines the diverse aspects of degrading treatment's scope, from foundations of legal interpretation to the drivers of humiliation. It draws on wide-ranging literature and extensive analysis of more than 1,500 judgments of the European Court of Human Rights, which has pioneered the right's interpretive growth. The book aims to explore how the interpretive possibilities, and limits, of the right not to be subjected to degrading treatment turn upon the axes of human dignity and state responsibility, and aims to show how this right's protection can be achieved as well as limited through processes of interpretation. Dignity, Degrading Treatment and Torture in Human Rights Law provides interpreters with analytical tools to advance the application of the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment in international, regional and domestic human rights law. It will appeal to all who have an interest in understanding the right's meaning, development, and potential scope of application, as well as those with an interest in methodologies of human rights interpretation.
Author: J. M. Bernstein
Publisher: University of Chicago Press
ISBN: 022626646X
Category : Philosophy
Languages : en
Pages : 391
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Book Description
In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J. M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience.
Author: Paulus Kaufmann
Publisher: Springer Science & Business Media
ISBN: 9048196612
Category : Philosophy
Languages : en
Pages : 268
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Book Description
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.
Author: Sepp Graessner
Publisher: JHU Press
ISBN: 9780801866272
Category : Medical
Languages : en
Pages : 290
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Book Description
"An outstanding collection that brings an extraordinary international perspective to the growing literature on the treatment of the survivors of torture." -- New England Journal of Medicine
Author: Michael Rosen
Publisher: Harvard University Press
ISBN: 0674065514
Category : Philosophy
Languages : en
Pages : 199
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Book Description
Dignity plays a central role in thinking about law and human rights, but there is sharp disagreement about its meaning. Combining conceptual precision with a broad historical background, Rosen puts these controversies in context and offers a novel, constructive proposal. He also answers a puzzling question: why treat the dead with dignity?
Author: Yechiel Michael Barilan
Publisher: MIT Press
ISBN: 0262304880
Category : Medical
Languages : en
Pages : 367
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Book Description
A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “Human dignity” has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term—like love, hope, and justice—that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law.
Author: David Luban
Publisher:
ISBN: 9780511354427
Category : Dignity
Languages : en
Pages : 337
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Book Description
A wide-ranging collection of essays from a leading scholar of legal ethics.
Author: Suzy Killmister
Publisher:
ISBN: 0198844360
Category : Law
Languages : en
Pages : 178
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Book Description
Suzanne Killmister sets out an original approach to understanding dignity, not according to the dominant conception as an inherent feature of all human beings, but in terms of the norms to which we hold ourselves and others. She argues for a tripartite conception, comprised of personal dignity, social dignity, and status dignity.
Author: Peter Bieri
Publisher: John Wiley & Sons
ISBN: 0745689051
Category : Philosophy
Languages : en
Pages : 204
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Book Description
Dignity is humanitys most prized possession. We experience the loss of dignity as a terrible humiliation: when we lose our dignity we feel deprived of something without which life no longer seems worth living. But what exactly is this trait that we value so highly? In this important new book, distinguished philosopher Peter Bieri looks afresh at the notion of human dignity. In contrast to most traditional views, he argues that dignity is not an innate quality of human beings or a right that we possess by virtue of being human. Rather, dignity is a certain way to lead ones life. It is a pattern of thought, experience and action in other words, a way of living. In Bieris account, there are three key dimensions to dignity as a way of living. The first is the way I am treated by others: they can treat me in a way that leaves my dignity intact or they can destroy my dignity. The second dimension concerns the way that I treat other people: do I treat them in a way that allows me to live a dignified life? The third dimension concerns the view that I have of myself: which ways of seeing and treating myself allow me to maintain a sense of dignity? In the actual flow of day-to-day life these three dimensions of dignity are often interwoven, and this accounts in part for the complexity of the situations and experiences in which our dignity is at stake. So, why did we invent dignity and what role does it play in our lives? As thinking and acting beings, our lives are fragile and constantly under threat. A dignified way of living, argues Bieri, is humanitys way of coping with this threat. In our constantly endangered lives, it is important to stand our ground with confidence. Thus a dignified way of living is not any way of living: it is a particular way of responding to the existential experience of being under threat. It is also a particular way of answering the question: What kind of life do we wish to live? This beautifully written reflection on our most cherished human value will be of interest to a wide readership.
