…And if there was also a duty to forget, how would we think about history then?

2019 ◽  
Vol 101 (910) ◽  
pp. 59-67
Author(s):  
David Rieff

AbstractIs remembrance an absolute moral duty or is it better thought of in more ethically constricted pragmatic and empirical terms? This essay argues that both individuals and societies should strive for remembrance where possible, but accept that there are times and places where more forgetting is the only safe choice to make. One may hope that at some point in the future the need to remember will sweep away a prudential decision to forget, but while we are within our moral rights to hope that, in a given case, forgetting itself will outlive its usefulness, conflating our wishes with teleological certainties is an exercise in hubris, not morality. But on no account should memory be thought of as a categorical imperative.

Author(s):  
Jorge Sierra Merchán

ResumenEn la discusión sobre las implicaciones éticas de la ingeniería genética, es común establecer una diferencia entre eugenesia negativa y eugenesia positiva. La eugenesia negativa está conformada por procedimientos orientados a corregir defectos genéticos, es decir, a evitar o minimizar la trasmisión de enfermedades hereditarias. La eugenesia positiva consiste en potenciar u optimizar caracteres que se consideran deseables (belleza o inteligencia). Una cosa es reparar, con fines terapéuticos, un error genético y otra cosa es mejorar genéticamente un rasgo que se considera bueno y deseable. En este sentido cabe preguntarse: ¿hay un deber moral de evitar, mediante la ingeniería genética, que los niños nazcan con discapacidades y no se les condene a una vida de desgracia? ¿O hay también un deber moral equivalente de garantizar que los niños posean belleza e inteligencia? El presente texto busca responder ambas cuestiones mediante una evaluación de los argumentos en pro y en contra de la eugenesia desarrollados por Singer y Nussbaum. Sostendré que hay una obligación moral de aplicar la eugenesia negativa, mientras que tal obligación no es extensiva para el caso de la eugenesia positiva. Esto implica que no es posible exigir un presunto derecho a ser desgraciado ni desde el punto de vista de los padres ni desde el punto de vista de los futuros hijos para el caso de la eugenesia negativa, en tanto que para el caso de la eugenesia positiva el derecho a ser desgraciados parece ser más defendible. Palabras clave: Eugenesia, genoma humano, principio preventivo, Singer, Nussbaum**********************************************************Is it possible to claim a alleged right to be disgraced? The “happy world” of eugenicsAbstractIn the discussion about the ethical implications of genetic engineering it is usual to distinguish between negative and positive eugenics. Negative eugenics refers to genetic imperfections correction procedures, which aim to avoid or minimize the transmission of hereditary diseases. Positive eugenics consists in the improvement or optimization of features considered desirable (as beauty or intelligence). One thing is to repair, for therapeutic purposes, a genetic error, and another to genetically improve a feature considered good and desirable. In this sense one could ask if it is a moral duty to avoid, through genetic engineering, impairments in newborns, saving them from an unfortunate life; and if there is also an equivalent moral duty to guarantee that children possess beauty and intelligence. This paper aims to answer both questions through an evaluation of the arguments for and against eugenics proposed by Singer and Nussbaum. I will hold that though there is a moral obligation to apply negative eugenics, this kind of obligation is not present in the case of positive eugenics. This implies that it is not possible to demand a presumed right to be miserable, either from the parent’s or the future children’s point of view, in the case of negative eugenics, although this presumed right to be miserable seems to be more defensible in the case of positive eugenics. Key words: Eugenics, human genome, preventive principle, Singer, Nussbaum.**********************************************************É possível reclamar um alegado direito a ser desgraçado? O “mundo feliz” da eugenesiaResumoNa discussão sobre as implicações éticas da engenharia genética é frequente estabelecer uma diferenciação entre eugenesia negativa e eugenesia positiva. A eugenesia negativa está conformada pelos procedimentos orientados a corrigir defeitos genéticos, ou seja, evitar ou minimizar a transmissão de doenças hereditárias. A eugenesia positiva consiste em potenciar ou aperfeiçoar caracteres que se consideram desejáveis (beleza ou inteligência). Uma coisa é reparar, com fins terapêuticos, um erro genético, e outra coisa é melhorar geneticamente um traço que se considera bom ou desejável, Nesse sentido é possível perguntar: há o dever moral de evitar, mediante a engenharia genética, que as crianças nasçam com incapacidades e não sejam condenados a uma vida de desgraça? Ou há também um dever moral equivalente de que as crianças possuam beleza e inteligência? O presente texto procura responder ambas as questões mediante uma avaliação dos argumentos em prol e em contra da eugenesia desenvolvidos por Singer e Nussbaum. Vou suster que há uma obrigação moral de aplicar a eugenesia negativa, enquanto que tal obrigação não é extensiva para o caso da eugenesia positiva. Isto implica que não é possível exigir um pressuposto direito a ser desgraçado nem desde o ponto de vista dos pais nem desde o ponto de vista dos futuros filhos no caso da eugenesia negativa, em tanto que no caso da eugenesia positiva o direito a ser desgraçados parece ser mais defendível. Palavras chave: Eugenesia, genoma humano, princípio preventivo, Singer, Nussbaum.


Etyka ◽  
1988 ◽  
Vol 23 ◽  
pp. 111-131
Author(s):  
Alicja Przyłuska-Fiszer

The purpose of this paper is to examine some beliefs about the ethical justification of negative eugenics, i.e. a policy of limiting the frequency of childbearing by women prone to give birth to children with genetic defects. The main thrust of the paper is to define and defend of a particular duty v i s – á – v i s the future generations, viz. the duty to provide the future persons with healthy genetic endowment. In the first part of the paper the concept of the ‘obligation to future generation’ is considered. In the second part the putative right of children to acquire healthy genetic endowment is critically assessed from the moral point of view. The author focuses on important reservations concerning moral rights of not even potentially existing persona and the subsequent difficulty in establishing when such rights are infringed. The last part of the paper deals with the possibility of justifying our moral obligations to the future generations by consulting our direct moral duties, and bypassing the controversial issues of the rights of non-existent persons. The author concludes: one of the most credible methods of justifying the objectives of negative eugenics is the acceptance of the depersonalized version of the utilitarian principle (also called globally conceived principle of utility) which stipulates that the sum of pain in the world be minimized and the sum of happiness be maximized. In the same vein the traditional concept of the ‘sanctity’ of human life should be revised in the light of the principle that human life presupposes consciousness and dignity. When these two assumptions are made, it can be shown that due to the application of genetic control the future generations will live a happier life and suffer from fewer diseases than they would if we decided to ban genetic control.


2019 ◽  
Vol 1 (01) ◽  
pp. 20-29
Author(s):  
Dian Herlambang

Darmajaya Press as one of the publications in Bandar Lampung which is also a part of university publishing. Settlement of copyright disputes is very necessary to know and do to analyze how to resolve copyright disputes both in terms of moral rights and economic rights and also to answer the application of copyright that occurs in the Darmajaya Press publisher. This type of research is normative legal research. This type of research examines the implementation of positive legal provisions, agreements, contracts factually in legal events that occur. This type of research is descriptive in that this study has the aim to explain clearly and in detail in the legal events that occur. The results of the study indicate that the cooperation agreement between CV. Aura Publishing with IIB Darmajaya there has been a clause on the settlement of copyright disputes which is feared that it will arise in the future, namely by implementing a form of dispute resolution, namely alternative dispute resolution and courts; The application of copyright is carried out through the desire of Darmajaya Press to become a member of IKAPI, and in the agreement made there is a clause must reach 10 book publications, so that currently only 7 titles of ISBN books have been reached. Then the writer (lecturer) who published the book had not made a publishing agreement to guarantee copyright both moral rights and economic rights owned by the author.


Author(s):  
Sabine Jacques

This chapter reflects on the future of the parody exception as an area of copyright law. Focusing on the UK music industry, it considers how business practices may contribute to the realization of the goals underpinning the parody exception, taking into account the moral rights of songwriters and performers and the role of collecting rights societies in administering and enforcing copyright with respect to the creation of musical parodies. The chapter also examines the ways in which the human rights framework may be used to shape the parody exception. Examples are given to illustrate how the right to freedom of expression has been curtailed in order to protect abuse of other fundamental rights, including personality rights. The chapter concludes by reiterating the book’s argument for a more holistic approach that allows the parody exception to strike a fair balance between the interests of right-holders, parodists, and society at large.


1963 ◽  
Vol 10 (2) ◽  
pp. 98-110 ◽  
Author(s):  
Denis Henry ◽  
B. Walker

Seneca has long been regarded as one of the supreme—one might say notorious—examples of the way in which the human personality can be divided and compartmentalized. To live in two entirely different worlds at the same time can never be easy: to combine the contrasts present in Seneca without outward sign of strain is almost miraculous. Seneca took a leading part in Nero's education and training, both before and after he became Emperor; he lived for eleven years during his reign and then committed suicide at his behest; he played a central role as chief counsellor in his administration. At the same time he wrote treatises on the perfectibility of the human race under the flag of liberty, equality, and fraternity, not as a vision of the future, but associating its realization with Nero himself; he discussed the moral duty of the philosopher in terms which were completely inconsistent with his own mode of life, and composed ten (or is it nine?) tragedies which have as one of their main themes the rule of moral chaos in human affairs, often under a tyrant. In these plays there is a vision much less pleasant, that of the coming disintegration of the world, expressed in terms like ‘In nos ultima aetas uenit?’


2015 ◽  
Vol 17 ◽  
pp. 257-269
Author(s):  
Zbigniew Stawrowski

The contemporary cultural trends that introduce regulations weakening parental rights have also come to Poland. Under the influence of utilitarian-statist ideology, which sees the state and its officials as the primary educators and guardians of children, powers naturally enjoyed by parents are being questioned under various pretexts. One of these is the use of violence against children. Due to actions taken by the state towards family, institutional violence used by the state – which is often much more severe for children – often becomes a remedy for parental violence. This text attempts to solve the problem by referring to the basic Kantian distinction between justified and unjustified violence, and to the priority of family and parental rights over the powers of the state. In the same way that the state can use violence towards citizens, so parents can use violence towards their children, as long as its scope and form stems from what is most important for the parental relationship: the categorical imperative of responsible love, aimed at encouraging a child on his or her way of growing up into responsible freedom. A symbol of such parental action is the act of spanking, which – when properly understood and properly used – is sometimes a moral duty of parents.


Author(s):  
Timothy Adie OKPE ◽  
Samuel Akpan BASSEY

In this paper, I aim at unraveling some of the numerous environmental practices in Nigeria that often times leads to environmental degradation which to a larger extent affects us presently and the effect on the future generation is better imagined if positive actions are not taken to check this trend. It is on the basis of this using one of Kant's categorical imperative that states that "we should act only on that maxim that you can will as a universal law" will be used as the main focus of this paper to bring to bear or light that, we actually owe the future generation the duty to conserve the environment for them. This work argues that we should be careful and considerate with the way we treat the environment through our actions because if the generation before ours had abuse and degrade the environment the way we are doing, our present generation would not have had a beginning. It is my humble submission that this can be achieved through radical exposure to the harm done on the ecosystem by this present generation and a radical awareness that will be taken to the very foundation of our grass root. It is only just and fair that this present generation stop the misuse of the environment. This justice if pursued will go ahead to preserve and conserve the environment for the future generation. The method used basically is systematic analysis, expository, argumentative and critical thinking to enable me make valid and acceptable judgment.


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