Are human rights anything more than legal conventions? asks John Tasioulas, Professor of Politics, Philosophy and Law at King’s College London.
Isn’t the answer “obviously not”? Human rights are collective agreements, statements about what sort of society we want to live in, and of how we want people to be treated. As such, their justification and standing derives from the advocacy of people. Anything more than that is mere rhetoric, “nonsense on stilts”, as Jeremy Bentham explained long ago.
But, as with morals, people get unhappy about the idea that their feelings on the matter are all there is. People would really like human rights to be laws of nature, objective obligations that we ought to follow regardless. Wouldn’t that put them on a sounder footing? Continue reading
The US attorney general, Jeff Sessions, has issued a memo directing government bodies on how to interpret religious freedom. Unfortunately Sessions misinterprets religious liberty as granting religious people greater rights than the non-religious have. This is a violation of the deeper principle of treating all citizens equally, regardless of their religious views.
Viewed from the stance of equality we can properly understand religious freedom as a form of free speech. That is, you may espouse your religious views, and if you have a general right to do something you may do that same thing with added religious content. Further, the state may not treat you any less favourably owing to that religious content, but nor may it treat you more favourably.
From that perspective, let’s score Sessions’s memo, in which he declares 20 “principles of religious liberty”. Continue reading
The 2017 Nobel Prize for Physics has gone to members of the LIGO consortium for the detection of gravitational waves, namely to Rainer Weiss, Kip Thorne and Barry Barish. But the contributions of many hundreds of people were necessary for the success of LIGO and so it can be argued that the restriction to three people is wrong and that future Nobel Prizes should go to teams.
Professor Martin Rees, the Astronomer Royal, told BBC correspondent Pallab Gosh that: “LIGO’s success was owed to hundreds of researchers. The fact that the Nobel Prize committee refuses to make group awards is causing increasingly frequent problems and giving a misleading impression of how a lot of science is actually done”.
Rees is right, of course, but would changing it be a good thing? It would mean that nearly all future Nobels in physics would go to teams, either simply to a named team or to a list of team members that could amount to hundreds.
I’m not sure this would be a good change. Continue reading
Suppose I made the claim that: “Only 6% of reports of rape lead to a criminal conviction, therefore 94% of rape reports are made up”. I would, rightly, be howled down for having committed a gross fallacy. It would be explained to me that accusations of rape often revolve around one person’s word against another’s, which makes them very hard to prove to the criminal standard of proof. Thus many accusations that do not lead to criminal convictions are still most likely true.
Now suppose I instead made the claim that “only 2% of accusations of rape are proven to be false, therefore 98% of accusations of rape are true”. This claim is widely made (example), yet it is just as fallacious and for the same reason. Just as it is usually hard to prove rape claims true, it is also hard to prove them false; many claims cannot be proven either way.
Yet, under Title IX codes in American colleges, the claim that nearly all accusations are true is used to justify a process that more or less presumes an accused to be guilty from the outset, with little need for due process. Afterall, if there is only a 1-in-50 chance that the accused male is innocent, then the accusation is pretty much sufficient in itself. Given that, a mere “preponderance of evidence”, defined as a 51% versus 49% likelihood, is all that is needed to expel a student from college for sexual misconduct, something that would always be on their record and likely blight their career prospects.
Yet this “nearly all accusations are true” claim has no basis in proven fact, it is purely ideological. Continue reading