Applied Ethics and Human Rights: Conceptual Analysis and Contextual Applications (Anthem South Asian Studies) - Hardcover

 
9788190757072: Applied Ethics and Human Rights: Conceptual Analysis and Contextual Applications (Anthem South Asian Studies)

Inhaltsangabe

The core concern underlying the various problems in applied ethics is that of human rights. While most writings on human rights deal with its legal, political and socio-economic aspects, this collection instead addresses the philosophical aspect which has hitherto been neglected. Furthermore, the book explores the Indian counterpart of the idea of human rights which can be found in the notion of 'dharma'.

The text addresses issues of conceptual analysis as well as contextual applications of the idea of human rights and its fine nuances. It also contains papers which analyze the concept of 'dharma', raising questions on whether this concept can do 'double duty' for the notions of human rights as well as the notion of human duties. The collection offers papers on human rights issues of different categories of people, including ethnic minorities, homosexuals, women, mentally ill people and prisoners. The papers in this volume also afford grounds for comparative study.

This collection of papers offers a philosophical perspective – including the all-important and significant perspective from the point of view of 'dharma' – to a host of intricate ethical problems in personal, professional and social life, by providing an understanding of the concepts of human rights and responsibilities which are central to those problems.

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Über die Autorin bzw. den Autor

Shashi Motilal is Associate Professor in the Department of Philosophy at the University of Delhi.

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Applied Ethics and Human Rights

Conceptual Analysis and Contextual Applications

By Shashi Motilal

Wimbledon Publishing Company

Copyright © 2010 Shashi Motilal
All rights reserved.
ISBN: 978-81-907570-7-2

Contents

Preface, ix,
Introduction, xiii,
Part One: Rights, Obligations and Responsibilities, 1,
1. Applying Ethics: Modes, Motives and Levels of Commitment Rajendra Prasad, 3,
2. Jurisprudence and the Individual: Bridging the General and the Particular Abhik Majumdar, 33,
3. Why Moral Relativism Does Not Make Sense R.C. Pradhan, 51,
4. Human Rights – A Theoretical Foray Krishna Menon, 57,
5. Moral Relativism and Human Rights Shashi Motilal, 67,
6. Complicity and Responsibility Pratap Bhanu Mehta, 83,
7. Dharma: The Overriding Principle of Indian Life and Thought S. R. Bhatt, 91,
8. Moral Foundations of Social Order as Suggested in the Vaisesikasutras Shashi Prabha Kumar, 101,
9. Modern Western Conception of Justice as Equality before the Law and Dharmasastras Saral Jhingran, 109,
Part Two: Human Rights Issues, 127,
10. Fragile Identities and Constructed Rights Rakesh Chandra, 129,
11. Affirmative Action: Compensation or Discrimination? Madhucchanda Sen, 139,
12. Ethics, Human Rights and the LGBT Discourse in India Ashley Tellis, 151,
13. Distributive Justice: Locating in Context Bhagat Oinam, 171,
14. Punishment and Human Rights Ruplekha Khullar, 183,
15. Rights of the 'Mad' in Mental Health Sciences Ranjita Biswas and Anup Dhar, 193,
16. Choice, Life and the (m)Other: Towards Ethics in/of Abortion Anirban Das, 219,
17. The Nationalist Project and the Women's Question: A Reading of The Home and the World and Nationalism Rekha Basu, 237,
18. On the Idea of Obligation to Future Generations Nirmalya Narayan Chakraborty, 247,
19. Morality in Cyberspace: Intellectual Property and the Right to Information Maushumi Guha and Amita Chatterjee, 253,
20. Violence – A Right to the Survival of the Self? Anup Dhar, 265,
21. 'Moral Obligation' to Fight for the Prevention of Greater Calamity: A Debate between Sadharana Dharma and Sva Dharma Malabika Majumdar, 293,
22. Globalisation and Human Rights R. P. Singh, 315,
Notes on Contributors, 327,


CHAPTER 1

APPLYING ETHICS: MODES, MOTIVES AND LEVELS OF COMMITMENT

Rajendra Prasad


Ethics and the World

'Ethics does not treat', says Wittgenstein, 'of the world. Ethics must be a condition of the world, like logic.' (Wittgenstein, Notebooks, 1914-16, 77e) He seems to suggest that ethics must be a condition of the world in the same sense in which logic must be. Logic must be a condition of the world, as I take him to mean, in the sense that it determines what the world may or may not contain: the world can contain only that which is logically possible and cannot contain anything which is not. This does not mean that it contains, or must contain, all that is logically possible. It means that any x it contains, or may contain, must be logically possible. X's logical possibility is a necessary condition of its being contained in the world.

But no sense can be given to the corresponding terms 'ethically possible' and 'ethically impossible'. Ethical principles do not determine the possibility or impossibility of anything they are relevant to; rather, they determine its desirability or undesirability. Of course, they are not relevant to anything and everything, but only to certain types of things, like individuals, their groups, their actions, motives, intentions, attitudes, plans and policies, projects and projections, etc. Let us then speak of ethically desirable and undesirable things, that is, things which are in accordance with, or violative of, ethical principles, and not of ethically possible and impossible things. But even then we cannot say that ethics must be a condition of the world in the sense that the world must have only ethically desirable things because it cannot have any ethically undesirable thing. To say that would be flying in the face of facts because the world does contain at least a few ethical evils, that is, ethically undesirable things. However, we definitely can say that the world should contain ethically desirable things. It is (almost) a logical truth that a desirable world, a world living in which would be worthwhile, must contain ethically desirable things. Negatively speaking, if a world does not contain any ethically desirable thing or contains lesser number of ethically desirable than ethically undesirable things, it would not be a desirable world, or would at the most be only a marginally desirable world.

To make ethical desirability a condition of the desirability of a world does not imply that a world's being ethically desirable would make it desirable on the whole. For example, a miserable world in which poverty abounds, whose inmates lead by and large a moral life though eating only half a meal a day, would not be a desirable world even if it is an ethically desirable one. On the other hand, even if it is desirable in other, say, political, economic, etc., but not in ethical, respects, it would not be a desirable world. Ethical goodness is foundational to all other kinds of goodnesses in the sense that its presence in any one of them heightens the latter's natural or distinctive value, and its absence in the latter, or the latter's having been polluted with some ethical evil, does the contrary. It can also be asserted with a good amount of reasonable force that no non-ethical goodness can sustain itself, or its dignity, unless it is accompanied, or fortified, with some kind of ethical goodness. A necessary component of our ethical concern is a concern, or care, for the welfare of others. In a world, whose inhabitants completely lack this concern, any non-ethical goodness, like economic, political, etc., can have, if at all, only an anaemic existence. No wonder that life in it would become 'nasty, short, and brutish'.

The things which a world may contain can be classified into the following types: things which it ought to have, things which it ought not to have, things which it may or may not have, and things whose absence in it would not make it ethically poorer but whose presence in it would add some lustre to its ethical value. Slightly stretching the use of a terminology meant to be applicable to human actions, when considered from the ethical (or even some non-ethical evaluative) point of view, we can call the above four types of things obligatory, forbidden, permissible, and recommended. In an ideal ethical world the number of forbiddens would be nil, but all the other three types it can very well accommodate. In any actual world, all the four types of things exist. The normal way to improve its ethical quality is to minimize the number of forbiddens and increase that of the obligatory and the recommended. The permissible are ethically indifferent, and therefore their status, that is, any plan or policy about encouraging or discouraging the existence of one or more of them, is determined, in any society by some other, non-ethical, consideration or considerations. For example, the direction a house should face is generally determined by considerations which maybe climatic, spatial, situational, economic etc. and seldom by some ethical consideration.

Anyway, a desirable world should have as few of the forbiddens as possible and definitely fewer than any one of the three others. This is only to assert that in a desirable world...

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9789380601151: Applied Ethics and Human Rights: Conceptual Analysis and Contextual Applications (Anthem Press India)

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ISBN 10:  9380601158 ISBN 13:  9789380601151
Verlag: Anthem Press, 2011
Softcover