No description available.

The overall aim of this thesis is to show how some ideas in Aristotle’s Nicomachean Ethics can be interpreted and used as a productive way to approach a number of pressing issues in bioethics. Articles I-II introduce, and endorse, a social constructivist perspective on rights (as opposed to the more traditional natural rights idea). It is investigated if the existence of property-like rights to biological material would include the moral right to commodification and even commercialisation. Articles III-V discuss similar questions and more specifically champion the application of an Aristotelian virtue ethics perspective. The articles are preceded by an introductory essay on some of the central themes in the Nicomachean Ethics. This section also includes a very brief account of what the connection between virtue ethics and a theory of social construction, including rights, could look like. The thesis seeks to show that if read somewhat creatively many of the ideas in the Nicomachean Ethics make for a highly useful approach to modern moral problems. It should be noted, however, that this thesis in no way claims to be an exegetic, or a complete, study of the Nicomachean Ethics. Article I deals with ownership of biological material from a philosophical, as opposed to a legal, perspective. It is argued that a strand in liberal political theory that treats property relations as socially constructed bundles of rights, as developed by e.g. Felix Cohen and Tony Honoré, is well suited for discussions on ownership of biological material. Article II investigates which differences in biological material might motivate differences in treatment and ownership rights. The article draws on the social constructivist theory of ownership which was developed in Article I. Article III employs virtue ethics to explain why it is morally permissible to donate but not to sell organs such as kidneys. It is suggested that the former action will bring the agent closer to a state of human flourishing. Article IV argues that virtues like philia, justice, beneficence and generosity — traditionally all seen as other-regarding — contain strong self-regarding aspects. The central claim is that these self-regarding aspects of the other-regarding virtues are necessary components of complete virtue and thus that the fully virtuous agent has to act virtuously both in her dealings with herself and others. Article V applies the ideas that were developed in Article IV to the case of living organ donations to next of kin. It is proposed that such an act, although noble and fine, is supererogatory, rather than obligatory, as the donor is morally entitled to be partial to herself. This argument is made against the backdrop of a discussion on some Aristotelian ideas on philia and partiality. / QC 20100709

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Pache, maire de la Commune de Paris du 14 février 1793 au 21 floréal an II – 10 mai 1794, a mené une politique visant à garantir les droits naturels de l'homme et du citoyen. Ces droits furent formulés par le peuple parisien, principalement réuni en assemblées générales de sections et théorisés par des Montagnards. Suite à la Révolution des 31 mai - 2 juin 1793, qui aboutit au rappel des députés girondins considérés comme « infidèles » au peuple, la Convention nationale déclara et adopta une législation pour réaliser ces droits. L'application de cette législation fut confiée aux communes. Pache et la Commune de Paris agirent assidûment pour la mettre en place. / The policy conducted by Pache, the mayor of the Paris Commune from 14 February 1793 to 10 May 1794 (21 Floreal Year II), aimed to guarantee the natural rights of man and of the citizen. These rights were formulated by the people at the general assemblies of the Parisian sections, and then theorised by members of the Mountain (Montagnard) faction. Following the insurrection of 31 May -2 June 1793, which resulted in the expulsion of the « unfaithful » Girondin deputies who were considered to have betrayed the people, the National Convention announced and implemented legislation to enact these rights. The communes were entrusted with enforcing this legislation, with Pache and the Paris Commune working hard to ensure its success.

QC 20101124

This study conducts an analysis of the Classical Liberal doctrines, namely Natural Rights, Utilitarianism, and Social Darwinism, in the context of historical events contributing to the successful establishment of autonomous governance by the Kurdish population in Iraq. The research methodology employed is qualitative case study, with the case subject being the Kurdistan region in northern Iraq. The study draws upon secondary sources encompassing scholarly books and articles, to gather pertinent information. Throughout the course of history, the Kurdish people have ardently aspired to create their own homeland, Kurdistan. Despite their determination and historical occurrences, the four constituent parts constituting Kurdistan have not been able to coalesce into a unified entity. Nevertheless, the Kurdistan region in Iraq has made remarkable progress and presently governs itself autonomously within the Iraqi state. This progress can be attributed to a myriad of historical events, ranging from major turning points to subtle influences. In the comtext of this study, all three aforementioned Liberal doctrines hold relevance, although to varying degrees. Utilitarianism and Natural Rights emerge as the primary influential doctrines, while Social Darwinism, though present, exerts a lesser impact on the studied developments.

Made available in DSpace on 2016-04-27T17:27:33Z (GMT). No. of bitstreams: 1 Samuel Antonio Merbach de Oliveira.pdf: 35956675 bytes, checksum: 74eec15f01414cfe7928d91593ddd657 (MD5) Previous issue date: 2010-06-17 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The thesis has as objective to answer equally to the philosophical union between the phases and the generations of rights of the man. ln turn, the specific objectives are: to study the historical evolution of the rights of the mau since the antiquity until the contemporaries treats; to show that the choice of the person as a new citizen of international law can guarantee the protection of the dignity of the human being; to examine the development and to effect of the rights of the man in the contemporary society in agreement of the teachings of Norberto Bobbio. The Age of the Rights subject in Norberto Bobbio: Phases and Generations are of great relevance, therefore, following the trend of the contemporary philosophy, the recognition and the protection of the rights of the man are presented in the Constitutions of the modern democratic States, as we has in the international system of rights of the man, representing a way to long for the ideal of the pacific coexistence between the nations. For Bobbio the most important problems of our time are mentioned to the rights of the man and to the peace, in the way that the solution for the peace problem depends on our survival; and the solution of the rights of the man problem is the only certain signal of the civil progress. Bobbio understands this reason, the dialogue and the moderation are specific and valid elements of the culture and the human being condition to minimize the disrespect and the breaking of the rights of the man in the contemporary society, even in a historical time of great violence and not of lesser injustices. To the Bobbio's philosophy the Rights afield Man are developed in four phases: the first phase -Right Born Universal moment where the Natural Rights was not positive; the second phase -Particular Positive Rights are characterized for the fact of the State recognizes part of the Natural Rights in Constitution Letters (particular positive); the third phase -Universal Positive Rights examines the magnifing of the recognition of the Natural Rights and its positive consequent that occurs by means of Treat International(universal positive)and the fourth phaseis called phase of Specification deals with the gradual passage for a later determination of the titular citizens ot rights. In a complementary way, the jointed previously phases have five deriving generations of the historical development of the rights of the man: Ia Generation -the Individual Rights: that estimates individual freedoms and the formal equality in front of the law; 2a Generation -the Colective Rights: established on the social rights that have for objective to guarantee to the people material conditions as essential for the full joy of their rights, where detaches the right to 'the work; 3a Generation - the Rights of Fraternity or Solidarity: deals with the collective and diffuse rights, that basically understand the environrnental and the consumer rights; 4a Generation: The Rights of Genetic Manipulation: that are related with the biotechnology and to bioengineering, reflecting ethical concerning questions of life and death. Although the Bobbio's philosophy has not placed the peace as element of fifth generation, Bobbio gave a special attention to the subject of the peace. In fact, if Bobbio was present in the current days, certainly would have replaced the peace of third for the fifth Generation of the Rights of the Man, for considering it as necessary estimated for the recognition and the effective protection rights of the man in each State. Finally, the conclusion deals with the roain arguments pointed out in the course of the thesis in front of the referring observations to the rights of the man. In this association, was overcome a position concerning the diverse problems and the viable solutions to subject them, printing evaluations of the points longed for in the thesis / A tese tem como objetivo responder reflexivamente à conjugação filosófica entre as fases e as gerações de direitos do homem. Por sua vez, os objetivos específicos são: estudar a evolução histórica dos direitos do homem desde a antiguidade até os tratados contemporâneos; mostrar que a escolha da pessoa humana como novo sujeito de direito internacional pode garantir a proteção da dignidade do ser humano; examinar o desenvolvimento e a efetivação dos direitos do homem na sociedade contemporânea à luz dos ensinamentos de Norberto Bobbio. O tema A Era dos Direitos em Norberto Bobbio: Fases e Gerações é de grande relevância, pois, seguindo a tendência da filosofia contemporânea, o reconhecimento e a proteção dos direitos do homem estão presentes nas Constituições dos Estados democráticos modernos, bem como no sistema internacional de direitos do homem, representando um meio para se almejar o ideal da coexistência pacífica entre as nações. Para Bobbio os problemas mais importantes do nosso tempo referem-se aos direitos do homem e à paz, no sentido de que da solução do problema da paz depende a nossa sobrevivência,e a solução do problema dos direitos do homem é o único sinal certo de progresso civil. Bobbio entende que a razão, o diálogo e a moderação são elementos específicos e válidos da cultura e da condição humana para minimizar o desrespeito e a violação dos direitos do homem na sociedade contemporânea,mesmo numa época histórica de grandes violências e não de menores injustiças. À filosofia de Bobbio os direitos do homem desenvolvem-se em quatro fases: a primeira fase -Direitos Natos Universais momento em que o direito natural não se encontrava positivado; a segunda fase - Direitos Positivos Particulares caracteriza-se pelo fato do Estado reconhece parte dos direitos naturais em Cartas Constitucionais (positivação particular); a terceira fase -Direitos Positivos Universais examina a ampliação do reconhecimento dos direitos naturais e sua conseqüente positivação que ocorre por meio, dos Tratados Internacionais (positivação universal) e, a quarta fase denominada de Especificação-trata da passagem gradual para uma ulterior determinação dos sujeitos titulares de direitos. De modo complementar, as fases anteriormente elencadas tem-se cinco gerações oriundas do desenvolvimento histórico dos direitos do homem: 1a Geração- Os Direitos Individuais: pressupõem as liberdades individuais e a igualdade formal perante a lei; 2a Geração - Os Direitos Coletivos: estabelecem sobre os direitos sociais que têm por objetivo garantir aos indivíduos condições materiais tidas como imprescindíveis para o pleno gozo dos seus direitos, em que se destaca o direito ao trabalho; 3 Geração - os Direitos de Fraternidade ou de Solidariedade: tratam dos direitos coletivos e difusos, que basicamente compreendemo direito ambiental e do consumidor; 4a Geração: Os Direitos de Manipulação Genética: relacionam-se à biotecnologia e à bioengenharia, refletem eticamente acerca de questões da vida e da morte. Embora a filosofia bobbiana não tenha colocado a paz como elemento da quinta geração, Bobbio deu especial atenção ao tema da paz. De fato, se Bobbio estivesse presente nos dias atuais, certamente teria reposicionado a paz da terceira para a quinta Geração dos Direitos do Homem, por considerá-la como pressuposto necessário para o reconhecimento e a efetiva proteção dos direitos do homem em cada Estado. Por fim, a conclusão trata dos principais argumentos salientados no curso da tese ante os óbices referentes aos direitos do homem. Nesta seara, tomou-se uma posição acerca dos diversos problemas e as soluções viáveis para debelá-los, imprimindo avaliações dos escopos almejados na tese

The thesis deals with ethical reflection of the right to psychotherapy as a potential natural right, with regard to dispute about psychotherapy outside the health system and its ethical solution. The first part of the thesis clarify the origin and core of the dispute, its parties and their arguments, their conflicting and congruent interests and the impact of the dispute on the situation of the takers of psychotherapy. The second part is devoted to psychotherapy, first of all to the development of psychotherapy in context with political-cultural and historical conditionality, then it reflects the changes in the needs of the recipients of psychotherapy with respect to the transformation of society and finally it defines psychotherapy taking into account domestic and European trends. The third part of the thesis investigate the right to psychotherapy as a potential natural right and consequently also the importance of human rights for resolving the dispute about psychotherapy. First it pays attention to the natural law, to the natural rights and obligations and to the relationship of the natural and positive law; second it reflects the current possibilities of realizing the right to psychotherapy in the Czech Republic with regard to the conclusions of the previous research. The fourth part deals with the realization of the right to psychotherapy due to the principle of subsidiarity and its different concepts. The fifth part contains the discussion and reflection of the current development of the dispute and finally the conclusion of the thesis brings a summary and evaluation of the obtained conclusions.

The political ideas of Auberon Herbert are usually associated with the late Victorian Individualist thinkers primarily influenced by the philosopher Herbert Spencer. Although Herbert derived his political philosophy of Voluntaryism from Spencer’s thinking it also owed much to J. S. Mill. Voluntaryism was based on a Lockean-Spencerian conception of individual natural rights that asserted self-ownership and the moral obligation for individuals to respect the rights of other people. Rights protection against force and fraud constituted the primary purpose of government. Herbert, aptly describing Voluntaryism as the system of liberty, peace and friendliness, applied these principles to a range of situations from street maintenance, to collective property purchase, and, finally, to the voluntary support of the state. Voluntary taxation was the most controversial component of Herbert’s theory, emphasising its distinctiveness. Although Herbert resisted socialist and new liberal attempts to expand the role of the state, his reasons for doing so shared little in common with conservative critics of this direction. Herbert, a republican and democrat, repeatedly attacked privilege, seeking widespread change including land reform and universal suffrage. His position represented that of a radical reformer seeking to promote Voluntaryism as the basis for friendly co-operation among free individuals at home and abroad. An internationalist, Herbert opposed aggressive imperialism, but also supported national self-determination, including Irish Home Rule. The notion of the voluntary state has led to claims of Herbert’s anarchism, but research indicates a greater complexity to his political ideas. Overall, Herbert was an extreme libertarian who never completely lost sight of the state, although he greatly limited its role. While Herbert’s political theory was idealistic, it avoided the social prescription usually associated with utopianism. Herbert’s commitment to an ethos of radical progressivism was one he shared with other contemporary socialist and anarchist thinkers who, like Herbert, attempted to live the politics they espoused. For his political philosophy and activism, Herbert warrants acknowledgement as one of the most prominent English libertarians of the nineteenth century.

The political ideas of Auberon Herbert are usually associated with the late Victorian Individualist thinkers primarily influenced by the philosopher Herbert Spencer. Although Herbert derived his political philosophy of Voluntaryism from Spencer’s thinking it also owed much to J. S. Mill. Voluntaryism was based on a Lockean-Spencerian conception of individual natural rights that asserted self-ownership and the moral obligation for individuals to respect the rights of other people. Rights protection against force and fraud constituted the primary purpose of government. Herbert, aptly describing Voluntaryism as the system of liberty, peace and friendliness, applied these principles to a range of situations from street maintenance, to collective property purchase, and, finally, to the voluntary support of the state. Voluntary taxation was the most controversial component of Herbert’s theory, emphasising its distinctiveness. Although Herbert resisted socialist and new liberal attempts to expand the role of the state, his reasons for doing so shared little in common with conservative critics of this direction. Herbert, a republican and democrat, repeatedly attacked privilege, seeking widespread change including land reform and universal suffrage. His position represented that of a radical reformer seeking to promote Voluntaryism as the basis for friendly co-operation among free individuals at home and abroad. An internationalist, Herbert opposed aggressive imperialism, but also supported national self-determination, including Irish Home Rule. The notion of the voluntary state has led to claims of Herbert’s anarchism, but research indicates a greater complexity to his political ideas. Overall, Herbert was an extreme libertarian who never completely lost sight of the state, although he greatly limited its role. While Herbert’s political theory was idealistic, it avoided the social prescription usually associated with utopianism. Herbert’s commitment to an ethos of radical progressivism was one he shared with other contemporary socialist and anarchist thinkers who, like Herbert, attempted to live the politics they espoused. For his political philosophy and activism, Herbert warrants acknowledgement as one of the most prominent English libertarians of the nineteenth century.