For the majority of scholars concerned with the ethics of living organ donation, inflicting moderate harms on competent volunteers in order to save the lives or increase the life chances of others is held to be justifiable provided certain conditions are met. These conditions tend to include one, or more commonly, some combination of the following: The living donor provides valid consent to donation. Living donation produces an overall positive balance of harm–benefit for donors and recipients which cannot be obtained (...) in a less harmful manner. Donation is not liable to cause significant and long-term morbidity to, or the death of, the donor. This paper critically examines the suggestion that these criteria are not sufficient to offer a general account of justified living organ donation in the context of competent volunteers and that key to justified living organ donation is that donors receive sufficient benefits from their donation that these outweigh the harms they suffer. However, although this view—termed here ‘The Donor Benefit Standard’—directs welcome attention to the many and complex motives which may underlie living organ donation, this paper ultimately concludes that given the threats this position poses to individual autonomy and the lives of those in need of organ transplants ‘The Donor Benefit Standard’ should ultimately be rejected. (shrink)

This study seeks to critically explore the link between sovereignty, violence and war in Giorgio Agamben’s Homo Sacer series and Thomas Hobbes’s Leviathan. From a brief rereading of Leviathan’s main arguments that explicitly revolves around the Aristotelian distinction between actuality/ potentiality, it will conclude that Hobbesian pre-contractual violence is primarily based on what Hobbes terms “anticipatory reason” and the problem of future contingency. Relying on Foucauldian insights, it will be emphasized that the assumption of certain potentialities suffices in leading to (...) Hobbes’s well-known conclusion that the state of nature is a “condition of Warre.” In a second step, this study considers some of Agamben’s arguments to account for how pre-contractual violence as envisioned by Hobbes cannot be rendered impotent through the integration of a sovereign. In specific, Agamben’s claims shed light on an irreducible, inextricable entwining between the state of nature and the state of law as “Siamese twins” (Virno). On a meta-level, Agamben thus implicitly shows how the “Hobbesian problem” cannot be merely reduced to a “problem of order” (Parsons). With regard to the current functioning of the stratagems of financial markets and the mechanisms of future-colonization underpinning global politics, this study finally argues that Hobbes ought to be reevaluated in particular regarding the problem of the future in his account. Partly responding to Agamben’s critical investigations, I suggest that a careful exploration of what will be coined “the prospects of an actualization of the potentiality not-to-be” might serve as a first theoretical step towards a productive form of criticism. (shrink)

Rawls’ primary legacy is not that he standardised a particular view of justice, but rather that he standardised a particular method of arguing about it: justification via reflective equilibrium. Yet this method, despite such standardisation, is often misunderstood in at least four ways. First, we miss its continuity across his various works. Second, we miss the way in which it unifies other justificatory ideas, such as the ‘original position’ and an ‘overlapping consensus’. Third, we miss its fundamentally empirical character, given (...) that it turns facts about the thoughts in our head into principles for the regulation of our political existence. Fourth, we miss some of the implications of that empiricism, including its tension with moral realism, relativism, and conservatism. (shrink)

The perennial fear associated with the free will problem is the prospect of hard determinism being true. Unlike prevalent attempts to reject hard determinism by defending compatibilist analyses of freedom and responsibility, this article outlines a pragmatic argument to the effect that we are justified in betting that determinism is false even though we may retain the idea that free will and determinism are incompatible. The basic argument is that as long as we accept that libertarian free will is worth (...) wanting, there is a defensible rationale, given the uncertainty which remains as to whether determinism is true or false, to refrain from acting on hard determinism, and thus to bet that libertarian free will exists. The article closes by discussing two potentially decisive objections to this pragmatic argument. (shrink)

The word “privilege” has become a part of our everyday conversations. However, it is not evident whether the various interlocutors in discussions on privilege are using it in the same sense. While different instances of privilege like white, male, or caste privilege have been discussed in contemporary academic discourses, we believe there is a lack of clarity regarding the notion of privilege. We critically analyse existing accounts of privilege to show that they leave some room for improvement. We offer an (...) alternative account of privilege as “entitlements that fail to track deserts” that circumvents prevalent definitional ambiguities and emphasises the inherent undeserving nature of privilege. The hitherto underexplored links between privileges, deserts, entitlements, and rights can help us formulate a more accurate grasp of privilege. (shrink)

Under what conditions would an artificially intelligent system have wellbeing? Despite its clear bearing on the ethics of human interactions with artificial systems, this question has received little direct attention. Because all major theories of wellbeing hold that an individual’s welfare level is partially determined by their mental life, we begin by considering whether artificial systems have mental states. We show that a wide range of theories of mental states, when combined with leading theories of wellbeing, predict that certain existing (...) artificial systems have wellbeing. Along the way, we argue that there are good reasons to believe that artificial systems can have wellbeing even if they are not phenomenally conscious. While we do not claim to demonstrate conclusively that AI systems have wellbeing, we argue that there is a significant probability that some AI systems have or will soon have wellbeing, and that this should lead us to reassess our relationship with the intelligent systems we create. (shrink)

If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

In answering normative questions, researchers sometimes appeal to the concept of basic needs. Their guiding idea is that our first priority should be to ensure that everybody is able to meet these needs—to have enough in terms of food, water, shelter, and so on. This article provides an opinionated overview of basic needs in normative contexts. Any basic needs theory must answer three questions: (1) What are basic needs? (2) To what extent do basic needs generate reasons for action and (...) how are these reasons to be understood? (3) How are basic needs and their satisfaction to be measured? I address these questions in turn. Then I also briefly discuss the theoretical potential of appealing to basic needs in normative contexts. It turns out that future research in this area could benefit from a higher degree of interdisciplinarity and methodological reflection, and that, generally speaking, basic needs theories are more promising than they have often been claimed to be. (shrink)

We argue that economics – as the scientific method of analysing trade-offs – can be helpful for assessing the trade-offs between intergenerational and intragenerational justice. Economic analysis can delineate the “opportunity set” of politics with respect to the two normative objectives of inter- and intragenerational justice; i.e. it can describe which outcomes are feasible in achieving the two objectives in a given context; and which are not. It can distinguish efficient from inefficient uses of instruments of justice. It can identify (...) the “opportunity cost” of attaining one justice to a higher degree; in terms of less achievement of the other. We find that; under very general conditions; efficiency in the use of instruments of justice implies that there is rivalry between the two justices and the opportunity cost of either justice is positive; negative opportunity costs of achieving one justice exist if there is facilitation between the two justices; which can only happen if instruments of justice are used inefficiently; opportunity costs of achieving one justice are zero if the two justices are independent of each other; which is the case in the interior of the opportunity set where instruments of justice are used inefficiently. (shrink)

Explains the desire-fulfillment theory of well-being, its history, its development, its varieties, its advantages, and its challenges.

“Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. (...) A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analyzing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers. (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

The article argues that the most important trends in the recent metamorphosis of higher education, especially of university teaching and research, cannot be understood without placing them in the context of general developments in political life. Both processes reveal alarming features and there is a link between them. In recent decades a religion has established its dominance in the public policy field. Its dogmas are called “liberalization”, “economic man”, “individual preference”, “the free market”, “competition” and “efficiency”. The consequences of the (...) progressive imposition of this doctrine on the universities—including on the relation between teaching and research—are well documented but not always well understood. It is argued that the “commercialization” of higher education and research means in reality their hyper-bureaucratization, via the imposition of so-called evaluation, assessment and accreditation schemes, the latest avatars of the managerialist ideology. Might the final result be the disintegration of the university as an institution? (shrink)

Liberalism, as currently manifest in the permissive, consumer society powerfully invokes the principle that, questions of harm aside, human beings ought to be able to do what they want to do; and, by implication, not be coerced into doing what they do not want to do. Liberty, defined in terms of want satisfaction, all wants being taken at par, and used by the more extreme adherents of liberalism as a necessary and even sufficient condition for the good life, is said (...) to be increased or diminished with greater or decreasing opportunities for the satisfaction of wants: every want, given its rightful due, a success story.As an adjunct to this first principle comes another, also of great political importance; namely, that it is for the subject of the want to say what his wants are, he being, logically speaking, in an impregnable position to identify these shy denizens of his mental world. (shrink)

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

The article investigates what happens when philosophy meets and begins to establish connections with two formal research methods such as game theory and network science. We use citation analysis to identify, among the articles published in Synthese and Philosophy of Science between 1985 and 2021, those that cite the specialistic literature in game theory and network science. Then, we investigate the structure of the two corpora thus identified by bibliographic coupling and divide them into clusters of related papers by automatic (...) community detection. Lastly, we construct by the same bibliometric techniques a reference map of philosophy, on which we overlay our corpora to map the diffusion of game theory and network science in the various sub-areas of recent philosophy. Three main results derive from this study. Philosophers are interested not only in using and investigating game theory as a formal method belonging to applied mathematics and sharing many relevant features with social choice theory, but also in considering its applications in more empirically oriented disciplines such as social psychology, cognitive science, or biology. Philosophers focus on networks in two research contexts and in two different ways: in the debate on causality and scientific explanation, they consider the results of network science; in social epistemology, they employ network science as a formal tool. In the reference map, logic—whose use in philosophy dates back to a much earlier period—is distributed in a more uniform way than recently encountered disciplines such as game theory and network science. We conclude by discussing some methodological limitations of our bibliometric approach, especially with reference to the problem of field delineation. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

ABSTRACT In its attempt to prove that voters, politicians, and bureaucrats are motivated by the public interest, Self-Interest and Public Interest in Western Politics overlooks a great deal of public-choice research, to which much has been added during the two decades since it was published. The importance of self-interest at both the micro and macro levels of politics becomes clear once one looks not simply at the ?inputs? of a democracy but at its ?outputs? as well. The prevalence of interest (...) groups, the dysfunction of the United States tax code, the lobbying by unions for their members? self-interest, the earmarks in the Patriot Act, the numerous cases of corruption in Western democracies, and the dissatisfaction of citizens with their governments? failings all point to the importance of self-interest in politics. (shrink)

The purpose of the article is to argue for the significance of a clarified goal of health care for the setting of priorities. Three arguments are explored. First, assessment of needs becomes necessary in so far as the principle of need should guide the priority-setting. The concept of health care need includes a goal component. This component should for rational reasons be identical with the goal of health care. Second, in order to use resources efficiently it is necessary to assess (...) the effects of health care. It is not, however, a question of assessing whether there is an effect but a question of assessing whether there is the right effect. And what constitutes the right effect can only be determined in relation to the goal of the enterprise. Third, the health sector involves several groups of actors such as politicians, administrators, doctors, nurses, physiotherapists, occupational therapists, educationists and patients. It is common knowledge that successful teamwork requires an understanding of a common goal. The article ends with an example of a goal chosen from ethics. (shrink)

Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive press freedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)

Hobbes’s state of nature is often analyzed in two-person two-action non-cooperative games. By definition, this literature only focuses on duels. Yet, if we consider general games, i.e., with more than two agents, analyzing Hobbes’s state of nature in terms of duel is not completely satisfactory, since it is a very specific interpretation of the war of all against all. Therefore, we propose a definition of the state of nature for games with an arbitrary number of players. We show that this (...) definition coincides with the strategy profile considered as the state of nature in two-person games. Furthermore, we study what we call rational states of nature. We show that in rational states of nature, the utility level of any agent is equal to his maximin payoff. We also show that rational states of nature always exist in inessential games. Finally, we prove the existence of states of nature in a class of symmetric games. (shrink)

In refutation of hedonism, Nozick offered a hypothetical thought experiment, known as the Experience Machine. This paper maintains that end-of-life-suffering of the kind that is resistant to state-of-the-art palliation provides a conceptually equal experiment which validates Nozick’s observations and conclusions. The observation that very many terminal patients who suffer terribly do no wish for euthanasia or terminal sedation is incompatible with motivational hedonism. Although irreversible vegetative state and death are equivalently pain-free, very many people loath the former even at the (...) price of the latter. This attitude cannot be accounted for by hedonism. Following these observations, the goals of palliative care are sketched along four circles. The first is mere removal or mitigation of noxious symptoms and suffering. The second targets sufferings that stymie patients’ life-plans and do not allow them to be happy, the third targets sufferings that interfere with their pursuance of other goods (palliation as a primary good). The fourth is the control of sufferings that do not allow the person to benefit from any human good whatsoever (“total pain” or critical suffering). Only in the fourth circle are people hedonists. (shrink)

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following an (...) interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)

This study is a corpus analysis of nominal uses of ‘public’ as a reference to a group of humans, a category of reference that has animated the debate over membership in the body public among theorists of publicity and deliberative democracy. The study finds that the public metonym is the most common nominal use of ‘public’ as a reference to a group of humans in ordinary English. In addition, it presents a fine-grained analysis of the discourse features of the public (...) metonym based on the corpus results, finding that three features characterize the public metonym: definiteness, non-assignability, and anthropomorphism. It shows how these features are encoded by linguistic constructions, then extends the analysis by drawing attention to some basic contradictions among these three features. Finally, it shows how these contradictions can be accounted for by describing ‘public’ as metonymic. The paper draws together public sphere research, discourse studies, and rhetoric in order to describe the features of a central trope of civic identity. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of distributive justice? Examining considerations regarding luck and desert provides an illuminating approach to this issue. The notion of desert has largely been excised from a great deal of recent political theorizing, and in particular, it has been eliminated from many influential conceptions of distributive justice. It is widely held that (...) the pervasiveness of luck renders desert inappropriate to contexts of distributive justice, and incompatible with the freedom and equality of persons in a just political community. Should considerations of desert also have a minimal role in criminal justice—where they seem to still be important? Are considerations of desert in the context of criminal justice consistent with persons being free and equal participants in a just political community? How are principles of criminal justice related to principles of distributive justice and political justice in an overall just society? Many scholars agree that criminal justice presupposes an adequately just society. Still, that leaves open just how criminal justice relates to justice overall. That is the present topic. (shrink)