Reasoning Rights: Comparative judicial engagement

This edited book is about comparative reasoning in human rights cases, exploring the questions: How is it that notionally universal norms are reasoned by courts in such dramatically different ways? What is the shape of this reasoning? What techniques are common across the transnational jurisprudence? What techniques are diverse? With contributions by a team of world-leading human rights scholars, the book moves beyond simply addressing the institutional questions concerning courts and human rights, which too often dominate discussions of this kind. Instead, it seeks a deeper examination of the similarities and divergence in the content of reasons being developed by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional issues, cannot be attributable to them alone. The book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions. It is a fascinating study for all those interested in human rights law and legal reasoning.

Using Comparative Reasoning in Human Rights Adjudication:The Court of Justice of the European Union and the European Court of Human Rights Compared

This article examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily concerned with examining the extent to which the use of comparative reasoning is based on an appropriate methodology or whether there is a persuasive normative theory underpinning the use of comparative reasoning. The issues considered in this chapter do some of the groundwork, however, that is necessary in order to address these methodological and normative questions.

Moral asymmetries in judgments of agency withstand ludicrous causal deviance

Americans have been shown to attribute greater intentionality to immoral than to amoral actions in cases of causal deviance, that is, cases where a goal is satisfied in a way that deviates from initially planned means (e.g., a gunman wants to hit a target and his hand slips, but the bullet ricochets off a rock into the target). However, past research has yet to assess whether this asymmetry persists in cases of extreme causal deviance. Here, we manipulated the level of mild to extreme causal deviance of an immoral versus amoral act. The asymmetry in attributions of intentionality was observed at all but the
most extreme level of causal deviance, and, as we hypothesized, was mediated by attributions of Blame/credit and judgments of action performance. These findings are discussed as they support a multiple-concepts interpretation of the asymmetry, wherein blame renders a naïve concept of intentional action (the outcome matches the intention) more salient than a composite concept (the outcome matches the intention and was brought about by planned means), and in terms of their implications for cross-cultural research on judgments of agency.

Kinect and Episodic Reasoning for Human Action Recognition

This paper presents a method for rational behaviour recognition that combines vision-based pose estimation with knowledge modeling and reasoning. The proposed method consists of two stages. First, RGB-D images are used in the estimation of the body postures. Then, estimated actions are evaluated to verify that they make sense. This method requires rational behaviour to be exhibited. To comply with this requirement, this work proposes a rational RGB-D dataset with two types of sequences, some for training and some for testing. Preliminary results show the addition of knowledge modeling and reasoning leads to a significant increase of recognition accuracy when compared to a system based only on computer vision.

Are there different moral domains? Evidence from Mongolia

In this paper we report a study conducted in Mongolia on the scope of morality, that is, the extent to which people moralize different social domains. Following Turiel’s moral-conventional task, we characterized moral transgressions (in contrast to conventional transgressions) in terms of two dimensions: authority independence
and generality of scope. Different moral domains are then defined by grouping such moral transgressions in terms of their content (following Haidt’s classification of morally relevant domains). There are four main results of the study. First, since all five Haidtian domains were moralized by the Mongolian participants, the study provides
evidence in favour of pluralism about moral domains. However, the study also suggests that the domain of harm can be reduced to the fairness domain. Furthermore, although the strong claim about reduction of all moral domains to the domain of fairness seems not to hold, a significant number of participants did indicate considerations of fairness across domains. Finally, a significant amount of participants moralized conventional transgressions a la Turiel, but it did not reach a statistical significance.

Philosophy and Political Engagement: Reflection in the Public Sphere

Do philosophers have a responsibility to their society that is distinct from their responsibility to it as citizens? This edited volume explores both what type of contribution philosophy can make and what type of reasoning is appropriate when addressing public matters now. These questions are posed by leading international scholars working in the fields of moral and political philosophy. Each contribution also investigates the central issue of how to combine critical, rational analysis with a commitment to politically relevant public engagement. The contributions to this volume analyse issues raised in practical ethics, including abortion, embryology, and assisted suicide. They consider the role of ethical commitment in the philosophical analysis of contemporary political issues, and engage with matters of public policy such as poverty, the arts, meaningful work, as well as the evidence base for policy. They also examine the normative legitimacy of power, including the use of violence.