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Contents

Published online by Cambridge University Press:  09 February 2023

Matthias Mahlmann
Matthias Mahlmann
Affiliation:
Universität Zürich

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Chapter
Information
Mind and Rights
The History, Ethics, Law and Psychology of Human Rights
 , pp. v - x
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Acknowledgments

  2. Introduction: Navigating Deep Waters: The Problems of Human Rights and New Perspectives of Inquiry

    1. I.1Critique and Defense

    2. I.2Reason, Conscience and Rights

    3. I.3The Problem of Rights

    4. I.4Human Rights Instruments and Heuristics of Law

    5. I.5The Law: In Splendid Isolation from the Troubles of Theory?

    6. I.6Human Rights and the Emancipation of Human Thought

    7. I.7The Spheres of Rights

    8. I.8The Inquiry into Mind and Rights

    9. I.9Why It Is Worth the Effort

    10. I.10The Line of Argument

    11. I.11Problems of Inquiry

    12. I.12Theory of Human Rights and the Ethics of a Way of Life

  3. Part IThe Concept of Human Rights and the Global History of an Idea

    1. 1The Concept of Human Rights

      1. 1.1Parameters of Analysis

      2. 1.2Moral and Legal Rights

      3. 1.3The Complex Makeup of Subjective Rights

      4. 1.4The Holders and Addressees of Rights

      5. 1.5The Basic Content of Human Rights

      6. 1.6Co-possibility and Limitations of Rights

      7. 1.7Rights and the Nature of Obligations

      8. 1.8The Peremptory Nature of Rights

      9. 1.9Group Rights

      10. 1.10Ethics, Legal Hermeneutics and Justification

      11. 1.11What Are We Talking About?

    2. 2The Truth of Human Rights: A Mortal Daughter of Time?

      1. 2.1Apologizing for Genocide

      2. 2.2How to Decipher the History of Human Rights?

        1. 2.2.1History and Human Rights Revisionism

        2. 2.2.2Concepts and Methods of Inquiry

        3. 2.2.3Conceptions of History

      3. 2.3Rights on the Barricades

        1. 2.3.1Where to Begin?

        2. 2.3.2From Politics to Law

        3. 2.3.3Civil Rights and Human Rights

      4. 2.4The Growth of the Multilayered Protection of Human Rights

        1. 2.4.1Contours of the Project

        2. 2.4.2Constructing the Postwar World

        3. 2.4.3Pushing the Agenda from the Periphery of Power

        4. 2.4.4From the Universal Declaration to the Differentiated International Bill of Human Rights

      5. 2.5The Parameters of Change

        1. 2.5.1Policy and Politics

        2. 2.5.2Regime Change and the Creation of New Political Bodies

        3. 2.5.3Political Ideologies

      6. 2.6The Myth of the Western Origins of International Human Rights

      7. 2.7Lessons to Be Drawn

        1. 2.7.1A First Lesson: The Rediscovery of the Political Roots of Human Rights

        2. 2.7.2A Second Lesson: The Rediscovery of Autonomous Critical Thought

      8. 2.8Politics, Ethics and a Preliminary Conclusion

    3. 3Down the Deeper Wells of Time

      1. 3.1Back to the Roots or Trapped in Anachronism?

      2. 3.2A Standard Thesis

      3. 3.3Not a Moral Blank Slate: The Perspective of Indigenous People

      4. 3.4The Many Forms of Normative Thought in Ancient Times

        1. 3.4.1The Imagery of Epics

        2. 3.4.2Democracy and Rights

        3. 3.4.3Equality

        4. 3.4.4Slavery and the Search for Freedom, Equality and Equal Worth

        5. 3.4.5Liberty and Tyranny

        6. 3.4.6Rape, Injustice and Human Self-Determination

        7. 3.4.7Justice and Rights

        8. 3.4.8The Worth of Human Beings

        9. 3.4.9The Human Polis

        10. 3.4.10Actions and Rights in Roman Law

        11. 3.4.11Varieties of Rights

      5. 3.5Rights since Antiquity

        1. 3.5.1Rights at the Dawn of a New (European) Era

        2. 3.5.2Natural Rights and Medieval Rebellion

        3. 3.5.3Natural Rights and the Conquest of America

        4. 3.5.4Natural Rights and the Worldly Law of Reason

        5. 3.5.5Transitions of Natural Law

        6. 3.5.6Rights in the Best of All Possible Worlds

        7. 3.5.7Closing the Circle: The Explicit Doctrine of Human Rights

      6. 3.6The Many Roots of Human Rights

        1. 3.6.1The Importance of Methods of Inquiry

        2. 3.6.2Varieties of Rights and the Significance of Distinctions

        3. 3.6.3Rights and Models of History

        4. 3.6.4A Key Finding: The Long Way from Moral Intuitions to Explicit Rights

        5. 3.6.5How to Miss the Point of Human Rights: Some Lessons from the Past

        6. 3.6.6Not from Nowhere

      7. 3.7The Charisma of Human Rights: Where from?

  4. Part IIJustification

    1. 4Far from Obvious: The Quest for the Justification of Human Rights

      1. 4.1How to Justify Human Rights

        1. 4.1.1An Idle Question?

        2. 4.1.2A Critical Theory of Human Goods

        3. 4.1.3A Political Theory of Human Rights

        4. 4.1.4A Theory of Fundamental Normative Principles

      2. 4.2The Functions of Human Rights

        1. 4.2.1Human Rights as Tools for Social Integration

        2. 4.2.2Engineering Social Efficiency?

        3. 4.2.3Human Rights and Maximizing of Happiness

      3. 4.3Justification by Agreement

        1. 4.3.1Discourse and Consensus

        2. 4.3.2Justification by Contract

      4. 4.4Human Rights and Human Existence

        1. 4.4.1The Rights of Autonomous Agents

        2. 4.4.2Needs and Interests as the Engine of Rights

        3. 4.4.3The Capability Approach

      5. 4.5Political Conception

        1. 4.5.1Human Rights and the Veil of Ignorance in the International Sphere

        2. 4.5.2The Political Conception Reframed

        3. 4.5.3A Fresh Start?

      6. 4.6Human Rights and the Art of Living Well

      7. 4.7Summary: Affirmative Theories of Human Rights

    2. 5A Castle of Sand?

      1. 5.1The Sources of Human Goods

        1. 5.1.1No Foothold for Rights?

        2. 5.1.2The Anthropology of Human Rights and the Thresholds of Inclusion

        3. 5.1.3Needs, Interests and Capabilities

        4. 5.1.4Contours of a Form of Life

      2. 5.2Better Off without Rights?

        1. 5.2.1The Limited Reach of Rights

        2. 5.2.2Politics beyond Normativity?

      3. 5.3The Critique of Rights

        1. 5.3.1The Benefits of Authoritarianism

        2. 5.3.2Human Rights: Ineffective Ethical and Legal Balderdash?

        3. 5.3.3Human Rights as Means of Economic Disempowerment

        4. 5.3.4Human Rights as the Handmaidens of Power and the Prospects of Postcolonial Worldmaking

        5. 5.3.5Feminist Critiques and Restatements of Human Rights

        6. 5.3.6Human Rights Curtailing Democracy and Sovereignty

        7. 5.3.7The Wrong Politics of Human Rights

        8. 5.3.8The Aporia of Human Rights

      4. 5.4The Political Case for Human Rights

        1. 5.4.1The Political Theory of Entrenchment

        2. 5.4.2Scope to Act and the Political Subjects of History

        3. 5.4.3Human Rights as a Condition of Community

        4. 5.4.4Human Rights as Legal Rights

      5. 5.5Rights after Auschwitz

      6. 5.6Normative Principles

        1. 5.6.1Justice and Solidarity as the Wellsprings of Rights

        2. 5.6.2Dignity and Rights

      7. 5.7Making Human Rights Concrete

      8. 5.8Some More Results

  5. Part IIIRights and Moral Cognition

    1. 6Which Kind of Mind, Which Kind of Morals, Which Kind of Rights?

      1. 6.1Ethics and the Theory of the Human Mind

      2. 6.2The Epistemology of Moral Cognition

      3. 6.3The Neuroscientific Attack on Human Rights: Human Rights and the Mental Gizmo Thesis

      4. 6.4The Mental Gizmo Thesis Reconsidered

      5. 6.5Rights and Behavioral Science

      6. 6.6Justice and Benevolence

    2. 7Where Did It All Come From? Morality and the Evolution of the Mind

      1. 7.1Morality and Evolution

      2. 7.2Puzzling Altruism

      3. 7.3Various Forms of Cooperation and the Problem of What Morality Is

      4. 7.4Animal Morality?

      5. 7.5Evolutionary Psychology

        1. 7.5.1The Morality of Selfish Genes

        2. 7.5.2Reciprocal Altruism

        3. 7.5.3The Morality of Tribes

        4. 7.5.4Explanatory Problems

      6. 7.6The Power of Joint Intentionality: Interdependence and Cooperation

        1. 7.6.1Some Specifics of Human Cooperation

        2. 7.6.2Sympathy and Fairness Develop in Small Steps

        3. 7.6.3The Path to Objective Group Morality

        4. 7.6.4Self–Other Equivalence as a Spandrel

        5. 7.6.5Paradigmatic Incrementalism

        6. 7.6.6The Analysis of Morality and the Evidence for Evolutionary Incrementalism

        7. 7.6.7Stumbling Blocks on the Way to Second-Personal Morality

        8. 7.6.8The Objective Morality of Cogs in the Machine

        9. 7.6.9Is There an Alternative to Incrementalism?

      7. 7.7Evolutionary Pluralism

        1. 7.7.1The Contested Scope of Evolutionary Theory

        2. 7.7.2Nature Does Not Make Leaps, Does It?

      8. 7.8The Evolutionary Possibility of Human Goodness

    3. 8The Mentalist Theory of Ethics and Law

      1. 8.1A Fresh Look at Frameworks of Morality

      2. 8.2Some Properties of Moral Cognition

        1. 8.2.1The Cognitive Space of Morality

        2. 8.2.2Principles of Morality

        3. 8.2.3Basic Harms, Human Rights and the “Seeds of a Collective Conscience”

        4. 8.2.4Volitional Consequences of Moral Judgment

        5. 8.2.5Questions of Metaethics and the World of Moral Emotions

      3. 8.3Explanatory Limits of Emotivism

        1. 8.3.1Ruled by Moral Taste Buds?

        2. 8.3.2A Testing Case: Corporal Punishment – A Question of Taste?

        3. 8.3.3Sentimental Rules

      4. 8.4Explaining Moral Disagreement

      5. 8.5The Development of Moral Cognition

        1. 8.5.1How Do We Learn to Be Moral?

        2. 8.5.2The Moral World of Infants and Toddlers

      6. 8.6Poverty of Stimulus and the Development of a Moral Point of View

      7. 8.7Sentimental Rules, Rational Rules?

        1. 8.7.1The Power of Statistical Learning

        2. 8.7.2The Limits of Statistical Learning

      8. 8.8Theories of Mind and Human Moral Progress

      9. 8.9Critique and Construction: Explanatory Theory and Normative Arguments

      10. 8.10The Epistemology of Human Rights Universalism

      11. 8.11The Epistemology and Ontology of Morals

      12. 8.12Epistemological Resilience

      13. 8.13Universalism without Dogmatism and Human Rights Pluralism

      14. 8.14A New Case for Universalism?

    4. Epilogue: The Tilted Scales of Justice

  6. Bibliography

  7. Index

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