Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, (...) and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in virtue (...) of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest (...) in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human (...) dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account. (shrink)

This paper focuses on a distinct puzzle for understanding the relationship between dignity and human rights. The puzzle is that dignity appears to enter human rights theory in two distinct roles: on the one hand, dignity is commonly pointed to as the foundation of human rights, i.e. that in virtue of which we have human rights. On the other hand, dignity is commonly pointed to as that which is at risk in a subset of human rights, paradigmatically torture. But how (...) can dignity underpin all human rights, and yet only be at stake in very specific human rights violations? And if dignity is lost in torture, how can the tortured retain their human rights? In this paper I offer a solution to these puzzles, in the form of a new theory of dignity. On this new theory, an individual’s dignity can be constituted via either of two pathways: the agent’s own normative competencies, or the authority of her community. The former is what’s typically at stake in practices such as torture; it in virtue of the latter that we have human rights. (shrink)

According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...) version of the rational will view can rank the wrongfulness of paternalistic acts in terms of the extent to which such acts (a) amount to supplanting the paternalized individual’s identity as a rational agent with that of the paternalist, and (b) the degree of mistrust the paternalistic act shows in the paternalized individual’s rational agency. My rational powers account thus provides a more complete account of why paternalism is a powerful, but not decisive or absolute, objection to an act or policy. My rational powers account also provides powerful explanations of why rational suasion deflects charges of paternalism; why consenting to intercessions in one’s rational agency negates paternalism; why we ordinarily believe that strong paternalism is more objectionable than weak paternalism; and why we ordinarily believe that hard paternalism is more objectionable than soft paternalism. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

According to relational egalitarianism, justice requires equal relations. In this paper, I ask the question: can equal relations be unjust according to relational egalitarianism? I argue that while on some conceptions of relational egalitarianism, equal relations cannot be unjust, there are conceptions in which equal relations can be unjust. Surprisingly, whether equal relations can be unjust cuts across the distinction between responsibility-sensitive and non-responsibility-sensitive conceptions of relational egalitarianism. I then show what follows if one accepts a conception in which equal (...) relations can be unjust, including why it provides a reason to grant some people less political power than others. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

To provide a theoretical basis for the common view that moral status comes in degrees, many philosophers endorse ‘two-factor’ accounts of the foundations of moral status. These accounts postulate one or more properties which endow individuals with moral status, and one or more other properties which increase the moral status of those who possess them. Critical assessment of two-factor accounts has focused on their implications, especially for humans who lack the properties thought to increase individuals’ moral status. Unfortunately, this approach (...) has led to an impasse. To try to break it, the present manuscript instead assesses the assumption on which two-factor accounts are based, namely, possession of one or more properties, what I call ‘moral status enhancing’ properties, increases their possessors’ moral status. I argue that two challenges, the problem of relevance and the need for a threshold, reveal that there are no moral status enhancing properties, hence, no degrees of moral status among those who matter morally. (shrink)

Respect appears to generate a puzzling self-other asymmetry: Respect for others can demand that we avoid knowledge of others or ignore that knowledge in deciding how we treat others. This demand for epistemic distancing lies behind the imperatives not to violate others’ privacy or to treat them paternalistically. Self-respect, in contrast, mandates that we pursue knowledge of ourselves and that we choose and act light of that self-knowledge. Individual agents thus do not have a duty to epistemically distance themselves from (...) themselves; a fortiori, they have self-regarding duties to reduce such distance. This article elaborates this asymmetry and offers a plausible solution to it, rooted in the distinctive importance that self-knowledge (and acting in the world on the basis of that self-knowledge) has for self-respecting rational agents: Self-respecting agents have reasons to have others defer to their ‘surfaces’ or self-presentations in order to inhibit making themselves vulnerable to others in ways that undermine their self-respect by subordinating their wills to the wills of others. A measure of control over what others know about us and over what they do with that knowledge thus undergirds self-respect by enabling self-knowledge to play the role that it should play in the lives of self-respecting agents. Epistemic distancing thus operates in concert with the ways in which self-respecting agents value and pursue epistemic intimacy with themselves. (shrink)

I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an error theory consisting (...) in linguistic and practical reasons for why we articulate normative incidents in ways that threaten correlativity. And I deny that abstraction imposes a heavy metaphysical cost on rights theory, though I leave open whether abstraction excludes certain explanatory accounts of rights such as the interest theory or will theory. (shrink)

In this paper, I review arguments according to which harsh criminal punishments and poverty are undeserved and therefore unjust. Such arguments come in different forms. First, one may argue that no one deserves to be poor or be punished, because there is no such thing as desert-entailing moral responsibility. Second, one may argue that poor people in particular do not deserve to remain in poverty or to be punished if they commit crimes, because poor people suffer from psychological problems that (...) undermine their agency and moral responsibility. Third, one may argue that poor and otherwise marginalized people frequently face external obstacles that prevent them from taking alternative courses of action. The first kind of argument has its place in the philosophy seminar. Psychological difficulties may be important to attend to both in personal relationships and when holding ourselves responsible. Nevertheless, I argue that neither type of argument belongs in political contexts. Moral responsibility scepticism ultimately rests on contested intuitions. Labelling certain groups of people particularly irrational, weak-willed, or similar is belittling and disrespectful; such claims are also hard to prove, and may have the opposite effect to the intended one on people's attitudes. Arguments from external obstacles have none of these problems. Such arguments may not take us all the way to criminal justice reform, but in this context, we can supplement them with epistemic arguments and crime prevention arguments. (shrink)

Contemporary political philosophers often take for granted that for political purposes all humans are to be considered of equal worth. The difficulty, as Bernard Williams observed, is to find an interpretation of this claim that does not collapse into absurdity or triviality. I show that the principal attempts to solve this problem all beg the question against an Aristotelian proponent of natural hierarchy. I then explore existing proposals for dissolving the problem of basic equality, whether by denying the need for (...) justification altogether or by reframing justification in either ostensive or coherentist fashion, showing that each fails to account for our sense that basic equality is objectively true. In response, I outline a Hegelian approach that treats the commitment to basic equality as a social fact that constrains philosophical reasoning in contemporary liberal democracies. By itself that might suggest complacent conservatism or cultural relativism, but I argue that practices and institutions that reflect and foster a commitment to basic equality have a distinct value in permitting reciprocal recognition and thereby enabling us to make a distinct class of normative claims on one another. This Hegelian resolution of the problem is dialectically superior to its rivals and therefore warrants further development. (shrink)

While most theorists agree with the claim that human beings have high and equal moral standing, there are strong disagreements about how to justify this claim. These disagreements arise because there are different ways of managing the difficulty of finding a basis for this claim, which is sufficiently substantial to do this justifying work, but not vary in degree in order to not give rise to inequality of moral considerability. The aim of this paper is to review previous attempts to (...) address this difficulty and to demonstrate why they fail and then to defend another way of dealing with this challenge by applying two views: the substance view on the human person and the natural-law account of morality. My claim is that this approach has comparative advantages because it provides a binary and a normatively significant basis of justification for equality without being implausibly inclusive. (shrink)

No statue raised in a public place should stand there indefinitely. Any such monument should have a set date when it is due to be replaced. I make three arguments to support this principle of non-permanence for public commemorative art. First, the opportunity cost of permanent statues is too high. States have a duty, grounded in their need for legitimacy, to support and cultivate democratic values. Public art is a powerful tool that is being drastically underemployed because existing statues are (...) already taking up so many prominent sites. Second, permanence undermines stability by unnecessarily raising the stakes of change and so exacerbating predictable tensions between social groups who ought to be able to respect one another as honourable civic partners. My proposal reduces the significance of replacing a monument by making removals a commonplace event. Third, we ought to do away with permanent statues as a means of increasing democratic control for both current and future generations over public spaces. Each generation inherits a more cluttered civic landscape which makes it progressively more difficult to shape it in accordance with their needs, preferences, and cultural vocabulary. Taken together, these arguments tip the balance of reasons decisively against the status quo. (shrink)

Hardly anyone denies that (nearly) all human beings have equal moral status and therefore should be considered and treated as equals. Yet, if humans possess the property that confers moral status upon them to an unequal degree, how come they should be considered and treated as equals? It has been argued that this is because the variations in the degree to which the status‐conferring property is held above a relevant threshold are contingencies that do not generate differences in degrees of (...) moral status. Call this the contingency argument for the basis of moral equality. In this paper, I reject the contingency argument. Instead, I develop an attitude‐based account of the basis of moral equality: according to this account, the basis of moral equality lies in a fitting, basic, and independent moral attitude which is owed to human beings qua moral status‐holders, and provides a coherent and plausible explanation for why the variations above the threshold for moral status do not matter. (shrink)

The idea of dignity is pervasive in political discourse. It is central to human rights theory and practice, and it features regularly in conceptions of social justice as well as in the social movements they seek to understand or orient. However, dignity talk has been criticized for leading to problematic exclusion. Critics challenge it for undermining our recognition of the rights of non-human animals and of many human individuals (such as children, the elderly, and people with disabilities). I argue that, (...) on a plausible articulation of it, the idea of dignity does not lead to these exclusions and that it in fact helps defend an appropriately inclusive moral and political treatment of all individuals. Difficult issues about equality and diversity indeed arise, but a dignitarian approach can provide good answers to them or at least help make them clearer and more tractable. (shrink)

Soda taxes are controversial. While proponents point to their potential health benefits and the public projects that could be funded with their revenue, critics argue that they are paternalistic and regressive. In this paper, we explore the prospects for designing a just soda tax, one that appropriately balances the often-competing ethical considerations of promoting social welfare, respecting people’s autonomy, and ensuring distributive fairness. We argue that policymakers have several paths forward for designing a just soda tax, but that the considerations (...) relevant to ethical policy design are more complicated than is sometimes acknowledged. (shrink)

This paper considers the potentially wrongful discriminatory nature of certain of our dating preferences. It argues that the wrongfulness of such preferences lies primarily in the simple lookism they involve. While it is ultimately permissible for us to date people partly because of how they look, I argue that we have a duty to ‘look behind’ people’s appearance, which I take to mean that we ought not, on the basis of their appearance, to regard them as absolutely out of the (...) question for us to engage with in a romantic setting. Further, constraints similar to those suggested by a duty to look behind people’s appearance gain support from another duty we have, namely, a duty to counteract, also in our daily lives, the fact that people are undeservedly disadvantaged in various ways. (shrink)

Relational egalitarianism says that moral equals should relate as equals. We explore how moral unequals should relate.

It is widely believed that immigrants, after some time, acquire a claim to naturalize and become citizens of their new state. What explains this claim? Although existing answers (may) succeed in justifying some of immigrants' rights claims, they cannot justify the claim that immigrants are owed the opportunity to naturalize because these theories lack a sufficiently rich account of the purpose of citizenship. To fill this gap, I offer a novel egalitarian account of citizenship. Citizenship, on this account, partially protects (...) immigrants against social hierarchy by realizing social equality in a publicly accessible manner. This explains claims to naturalize. (shrink)

In this paper we steer a course between two views of the value of equality that are usually understood as diametrically opposed to one another: on the one hand, the view that equality has intrinsic value; on the other, the view that equality is a normatively redundant notion. We proceed by analysing the different ways in which the equal possession of certain relevant properties justifies distributive equality. We then present an account of ‘basic equality’ that serves to single out where (...) this equal possession is really doing normative work. Our account departs from some common assumptions about basic equality but is nevertheless plausible in as much as it assigns to that concept a precise and normatively significant role in grounding the non-instrumental value of distributive equality. By showing when, exactly, equality is basic, we are able to explain both what is right and what is wrong in each of the two opposed views of the value of equality. The argument proceeds at a fairly high level of abstraction and is therefore applicable to a number of rival egalitarian theories. (shrink)

We can imagine agents who would have the moral status to demand contractualist justification but still lack an especially strong claim against interference. In contrast, agents who can conceive of their lives in a temporally unified way have a distinctive, strong interest in non‐interference. This contrast helps illuminate the moral importance of self‐authorship. The upshot is that ordinary persons have a more general and less variable right against interference than is often supposed. Self‐authorship can also help appreciate the sense in (...) which the value of persons may be characterized as ‘self‐existent’. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we are (...) not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal status does not (...) justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

In this paper, I argue that a commitment to a very modest form of egalitarianism—equality between non-disabled human adults—implies fetal personhood. Since the most plausible bases for human value are in being human, or in a gradated property, and since the latter of which implies an inequality between non-disabled adult humans, I conclude that the most plausible basis for human equality is in being human—an attribute which fetuses have.

According to the influential disrespect account of what paternalism is, and why it is wrong, paternalism involves an anti-egalitarian, disrespectful attitude on the part of the paternalist: X (the paternalist) assumes an attitude of superiority when interfering in Y's matters for Y's good. Pace this account, the article argues that an important, although somewhat overlooked, form of paternalism is not, all things considered, insulting. This form of paternalism focusses on people's occasional lack of appropriate self-respect or their failure to see (...) themselves as equals or to stand vis-à-vis others as such. (shrink)

Journal of Political Philosophy, EarlyView.

Moral equality—the idea that ‘we’ all have equal moral worth, our interests ought to count for the same, and we possess the same bundle of basic rights—is one of the most central principles of liberal thought, being regularly drawn on as a presupposition of moral and political inquiry. Perhaps because it is so often relied on as a presupposition, however, moral equality is more often assumed than argued for. When moral equality is argued for, the most common tactic is to (...) appeal to some inherent property. As is well established, however, such property-based defenses of moral equality face two significant challenges: the problem of exclusion and the problem of inequality. In light of these challenges, in this article I put forward a new, revisionist account of moral equality. Taking inspiration from recent work in the social metaphysics of human kinds, I argue that moral equality ought to be seen as a component of a status that we confer on one another, rather than (grounded in) a property inherent in certain individuals. Conceiving of moral equality this way, I argue, side-steps both the problem of exclusion and the problem of natural equality. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. On (...) Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

This paper expounds and defends a relational egalitarian account of the moral wrongfulness of vote markets according to which such markets are incompatible with our relating to one another as equals qua people with views on what we should collectively decide. Two features of this account are especially interesting. First, it shows why vote markets are objectionable even in cases where standard objections to them, such as the complaint that they result in inequality in opportunity for political influence across rich (...) and poor people, are inapplicable. Second, it specifies the sense in which, politically speaking, we should relate as equals, and in doing provides a richer version of recent relational egalitarian accounts of the ideal of democracy. (shrink)

Several democratic theorists have recently sought to vindicate the ideal of equal political power (“political equality”) by tying it to the non-derivative value of egalitarian relationships. This chapter critically discusses such arguments. It clarifies what it takes to vindicate the ideal of political equality, and distinguishes different versions of the relational egalitarian argument for it. Some such arguments appeal to the example of a society without social status inequality (such as caste or class structures); others to personal relationships among equals, (...) like friendship. Each strategy faces problems. After discussing what social status consists in, the chapter argues that social status equality does not require an equal distribution of power, but only that unequal distributions are not justified on grounds incompatible with the citizens’ fundamental equal moral standing. By contrast, personal relationships among equals do require equal power; but establishing that their norms apply to our political community is challenging. (shrink)

Reciprocal libertarianism is a version of left-wing libertarianism that combines self-ownership with an egalitarian distribution of resources according to reciprocity. In this paper, I show that reciprocal libertarianism is a coherent and appealing view. I discuss how reciprocal libertarians can handle conflicts between self-ownership and reciprocity, and I show that reciprocal libertarianism can be realised in a framework of individual ownership of external resources or in a socialist scheme of common ownership (libertarian socialism). I also compare reciprocal libertarianism with left-libertarian (...) approaches: I argue that a reciprocity-sensitive version of left-libertarianism (reciprocal left-libertarianism) is coherent and morally superior to traditional left-libertarianism, on grounds of incorporating a distinctively solidaristic and recognition-oriented aspect of equality. The policy implications of reciprocal libertarianism will differ depending on which rights people can have over external resources, but all reciprocal libertarian views acknowledge the existence of social rights that people have as co-operators. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)

A central puzzle of contemporary moral and political philosophy is that while most of us believe that all or almost all human beings enjoy the same moral status, human beings possess the capacities that supposedly ground moral status to very unequal levels. This paper aims to develop a novel strategy to vindicate the idea of moral equality against this challenge. Its central argument is that the puzzle emerges only if one accepts a usually unstated theoretical premise about value and the (...) proper response to value. The premise holds that if the presence of a valuable property warrants a certain kind of response towards its bearers, then every variation in the degree to which the property is present necessarily constitutes a reason for a corresponding variation in the response that is warranted towards its bearers. It argues that despite its intuitive appeal, the premise is not plausible as a general view about the proper way of responding to value, and as a view about responding to the value of rational beings in particular. It proposes an account of the proper manner of valuing rational beings that supports a distinctive version of the so-called threshold approach to justifying equal moral status. (shrink)

Relational egalitarianism is a theory of justice according to which people must relate as equals. However, not just any inegalitarian relation is unjust, i.e., the fact that parents do not relate as equals to their children is not unjust. Whereas an adult treating another adult paternalistically is objectionable from the point of view of relational egalitarianism, parent-child paternalism is not. What may explain this difference in judgment? I refer to this as the Puzzle. I discuss four justifications of the Puzzle (...) and argue that none of them is satisfactory. In the final part of the paper, I discuss where this leaves relational egalitarianism as a theory of justice. (shrink)

This is an interview by the Erasmus Journal for Philosophy and Economics with Ian Carter. The interview covers Carter's intellectual biography; his extensive writings on the measurement and value of freedom; his reflections on the use of formal methods in philosophical work on freedom and in political philosophy more broadly; his more recent work on basic equality and respect for persons; and, finally, his advice to young scholars.

Many find that the objectionable nature of paternalism has something to do with belief. However, since it is commonly held that beliefs are directly governed by epistemic as opposed to moral norms, how could it be objectionable to hold paternalistic beliefs about others if they are supported by the evidence? Drawing on central elements of relational egalitarianism, this paper attempts to bridge this gap. In a first step, it argues that holding paternalistic beliefs about others implies a failure to regard (...) them as equals in terms of their moral agency. In a second step, it shows that the fact that we should regard others as equals in this sense raises the threshold for sufficiency of evidence for paternalistic beliefs to be epistemically justified. That is, moral reasons of relational equality encroach on the epistemic. However, these reasons are not decisive. In cases where others are about to jeopardize critical goods such as their lives, mobility or future autonomy, relational equality sometimes calls for paternalistic action and, by extension, the formation of beliefs that render such action rational. The upshot is that in order to meet demands of relational equality we have a pro tanto reason to not hold paternalistic beliefs about others. (shrink)

The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)