The idea that morality and prudence are incommensurable normative domains—a central idea in normative pluralism—tends to be rejected because of the argument from nominal–notable comparisons. The argument relies on a premise that there are situations of moral–prudential conflict where we have a clear intuition that there are things we ought to do “all things considered”. It is usually concluded that this shows that morality and prudence must be comparable. I argue that normative pluralists, who defend this type of incommensurability, can (...) account for these intuitions by arguing that an “ought all things considered” need not presuppose inter-type comparability among the reasons it covers, and by endorsing more sophisticated theories of prudence; theories for which there are good, independent reasons to endorse, in any case. By following these steps, normative pluralism does not need to have the counterintuitive implications it is often thought to have. (shrink)

Error theories about morality often take as their starting point the supposed queerness of morality, and those resisting these arguments often try to argue by analogy that morality is no more queer than other unproblematic subject matters. Here, error theory (as exemplified primarily by the work of Richard Joyce) is resisted first by arguing that it assumes a common, modern, and peculiarly social conception of morality. Then error theorists point out that the social nature of morality requires one to act (...) against one's self-interest while insisting on the categorical, inescapable, or overriding status of moral considerations: they argue that morality requires magic, then (rightly) claim that there is no such thing as magic. An alternate eudaimonist conception of morality is introduced which itself has an older provenance than the social point of view, dating to the ancient Greeks. Eudaimonism answers to the normative requirements of morality, yet does not require magic. Thus, the initial motivation for error theory is removed. (shrink)

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. This is (...) precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)

It is widely held that the possibility of value-incomparability between alternatives poses a serious threat to comparativism. Some comparativists have proposed to avoid this problem by supplementing the three traditional value relations with a fourth value relation, variously identified as "roughly equal" or "on a par", which is supposed to hold between alternatives that are incomparable by the three traditional value relations. However, in a recent article in this journal, Nien-he Hsieh has proposed that the comparisons thought to require rough (...) equality or parity could instead be understood in terms of the concept of "clumpiness". Against this suggestion, Martin Peterson has argued that the concept of clumpiness allows agents to be exploited in money-pumps, and thus that there is no way of linking clumpiness to rational choice. This would remove the central appeal of the concept. In this note, I show that Peterson’s argument fails to establish that the concept of clumpiness allows agents to be exploited in money-pumps. (shrink)

When thinking about ethics, technology is often only mentioned as the source of our problems, not as a potential solution to our moral dilemmas. When thinking about technology, ethics is often only mentioned as a constraint on developments, not as a source and spring of innovation. In this paper, we argue that ethics can be the source of technological development rather than just a constraint and technological progress can create moral progress rather than just moral problems. We show this by (...) an analysis of how technology can contribute to the solution of so-called moral overload or moral dilemmas. Such dilemmas typically create a moral residue that is the basis of a second-order principle that tells us to reshape the world so that we can meet all our moral obligations. We can do so, among other things, through guided technological innovation. (shrink)

It is commonly recognized that not all actions are candidates for moral evaluation. For instance, morality is silent on the issue whether to tie one's right shoe before one's left shoe or the other way around. This shoe-tying action is not a candidate for moral appraisal. The matter is amoral, for neither alternative is morally required nor forbidden, and both are permissible. It is not commonly recognized that not all actions are candidates for prudential evaluation. I shall argue, however, that (...) there are cases of individual action over time, as well, that are aprudent in the sense that none of the alternatives under consideration are required or forbidden by prudence, but all of them are permissible. These are cases in which there is no fact of the matter as to what is the best choice for one. There are at least two such cases: first, cases in which the alternative courses of action open to one are incommensurable; and second, cases in which one's values are not yet determined and one is deciding what values to adopt, what sort of person to become, or what ideals to pursue. In these cases, prudence is silent on the question of what one ought to do. Indeed, I go on to argue prudence can even be silent on the question whether to act according to the values one currently holds or to pursue an entirely different course that will result in changes to one's values, which is the third case of aprudent choice. (shrink)

Ruth Chang has defended a concept of "parity", implying that two items may be evaluatively comparable even though neither item is better than or equally good as the other. This article takes no stand on whether there actually are cases of parity. Its aim is only to make the hitherto somewhat obscure notion of parity more precise, by defining it in terms of the standard value relations. Given certain plausible assumptions, the suggested definiens is shown to state a necessary and (...) sufficient condition for parity, as this relation is envisaged by Chang. (shrink)

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...) across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. (shrink)

The concept of the best of all possible worlds is widely considered to be incoherent on the grounds that, for any world that might be termed the best, there is always another that is better. I note that underlying this argument is a conviction that the goodness of a world is determined by a single kind of good, the most plausible candidates for which are not maximizable. Against this I suggest that several goods may have to combine to determine the (...) goodness of a world, and because of logical conflicts between them, the goods can be optimized to give a genuine best of all possible worlds. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 3, Page 313-327, October 2011.

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger claim (...) to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

Abstract: The paper provides a general account of value relations. It takes its departure in a special type of value relation, parity, which according to Ruth Chang is a form of evaluative comparability that differs from the three standard forms of comparability: betterness, worseness and equal goodness. Recently, Joshua Gert has suggested that the notion of parity can be accounted for if value comparisons are interpreted as normative assessments of preference. While Gert's basic idea is attractive, the way he develops (...) it is flawed: His modeling of values by intervals of permissible preference strengths is inadequate. Instead, I provide an alternative modeling in terms of intersections of rationally permissible preference orderings. This yields a general taxonomy of all binary value relations. The paper concludes with some implications of this approach for rational choice. (shrink)

In Derek Parfit's original formulation the Repugnant Conclusion is characterized as follows: “For any possible population of at least ten billion people, all with a very high quality of life, there must be some much larger imaginable population whose existence, if other things are equal, would be better even though its members have lives that are barely worth living” (Parfit 1984). The Repugnant Conclusion highlights a problem in an area of ethics which has become known as population ethics . The (...) last three decades have witnessed an increasing philosophical interest in questions such as “Is it possible to make the world a better place by creating additional happy creatures?” and “Is there a moral obligation to have children?” The main problem has been to find an adequate theory about the moral value of states of affairs where the number of people, the quality of their lives, and their identities may vary. Since, arguably, any reasonable moral theory has to take these aspects of possible states of affairs into account when determining the normative status of actions, the study of population ethics is of general import for moral theory. As the name indicates, Parfit finds the Repugnant Conclusion unacceptable and many philosophers agree. However, it has been surprisingly difficult to find a theory that avoids the Repugnant Conclusion without implying other equally counterintuitive conclusions. Thus, the question as to how the Repugnant Conclusion should be dealt with and, more generally, what it shows about the nature of ethics has turned the conclusion into one of the cardinal challenges of modern ethics. (shrink)

This paper investigates the relation between consequentialism, as conceived of in moral theory, and standard expected utility theory. I argue that there is a close connection between the two. I show furthermore that consequentialism is not neutral with regard to the values of the agent. Consequentialism, as well as standard expected utility theory, is incompatible with the recognition of considerations that depend on what could have been the case, such as regret and disappointment. I conclude that consequentialism should be rejected (...) as a principle of rational choice and that there are reasons to doubt its plausibility in the realm of moral theory. Moreover, this is a reason to doubt whether standard expected utility theory is a plausible theory of rational choice. (shrink)

The absence of appropriate information about imperceptible and ethical food characteristics limits the opportunities for concerned consumer/citizens to take ethical issues into account during their inescapable food consumption. It also fuels trust crises between producers and consumers, hinders the optimal embedment of innovative technologies, “punishes” in the market ethical producers, and limits the opportunities for politically liberal democratic governance. This paper outlines a framework for the ethical characterization and subsequent optimization of foods (ECHO). The framework applies to “imperceptible,” “pragmatic,” and (...) “reasonable” food characteristics about which consumers/citizens maintain concerns. A political perspective is assumed in that valid information is taken to serve the politically liberal and democratic functions of the market by allowing concerned citizens to make informed choices in their role as food consumers. Information is aggregated by multi-attribute modeling. It takes the form of “maximized” (“utilitarian”) to “most balanced” (MINMAX) non-binary aggregate comparative rankings of perceptibly substitutable food products. The model requires the description of characteristics by means of criteria and weights (structural input), and technical input on the performance of food for these criteria (product input). Structural input is grounded on relevantly concerned citizen/consumers’ perceptions. It is culture and times dependent. Availability of product input is assumed. Uses for the amelioration of the aforementioned limitations are discussed. So long as, and to the extent that, certain ethical concerns are not addressed by public policy, the ECHO framework may facilitate offering members of society a necessary (though not a sufficient) condition for regulating the ethical aspects of food production in self-regulated markets as consumers, when they are constrained to do so through their government as citizens. In doing that, the framework may contribute to the development of the ethical dimension of food production and may bring rewards for food supply actors that take reasonable concerns of citizen/consumers into account. (shrink)

Fifty years ago, Herbert Simon complained that the available models of rational choice were not feasible decision procedures for agents like us. These models involved variants on the theme of maximizing expected utility: the rational action for an agent is the one that is most likely to bring about outcomes that the agent prefers. Simon ’s complaints about these models included the now-familiar notions that human beings do not manage probabilities well, that we have at best radically incomplete utility functions, (...) and that we lack the cognitive resources to calculate the expected utilities of even a few alternatives. (shrink)

A number of ethical frameworks have been proposed to support decision-making in public health and the evaluation of public health policy and practice. This is encouraging, since ethical considerations are of paramount importance in health policy. However, these frameworks have various deficiencies, in part because they incorporate substantial ethical positions. In this article, we discuss and criticise a framework developed by James Childress and Ruth Bernheim, which we consider to be the state of the art in the field. Their framework (...) distinguishes aims, such as the promotion of public health, from constraints on the pursuit of those aims, such as the requirement to avoid limitations to liberty, or the requirement to be impartial. We show how this structure creates both theoretical and practical problems. We then go on to present and defend a more practical framework, one that is neutral in avoiding precommitment to particular values and how they ought to be weighted. We believe ethics is at the very heart of such weightings and our framework is developed to reflect this belief. It is therefore both pluralist and value-based. We compare our new framework to Childress and Bernheim’s and outline its advantages. It is justified by its impetus to consider a wide range of alternatives and its tendency to direct decisions towards the best alternatives, as well as by the information provided by the ranking of alternatives and transparent explication of the judgements that motivate this ranking. The new framework presented should be useful to decision-makers in public health, as well as being a means to stimulate further reflection on the role of ethics in public health. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

This paper defends two main claims. First: although it is easy to lose sight of this, what cost-benefit analysis really demands, in order to approve of a prospective policy, is that it be possible for those who would gain through the policy change to compensate those who would lose through it. And second: in cases where a policy change does, or can reasonably be expected to, lead to someone's death, the demand of compensability is much harder to satisfy than economists (...) typically think. More specifically, their standard move—maintaining that compensability should be judged ex ante, and that it is thus really just risk of death, not death itself, that must be (and often is) compensable—is unsuccessful. Then, the implications of these claims are briefly explored. (shrink)

Some species are weedy: they move from one ecological niche to another. Other species are specialized: they are exquisitely adapted to exploit a particular niche. Human beings are the design solution in which a species is simultaneously weedy and specialized - the trick being to manage the exquisite niche-specific adaptations in software rather than in the hardware. We are built to reprogram ourselves on the fly, to select new goals, new priorities and new guidelines appropriate to novel niches. Understanding ourselves (...) as an implementation of this design solution has consequences for the theory of practical reasoning. Instrumentalism (the theory of practical reasoning according to which it consists solely in selecting means to pre-given ends) cannot be a suitable theory of rationality for such a species (that is, our own). (shrink)

Deliberation incompatibilism is the view that an agent being rational and deliberating about which of (mutually excluding) actions to perform, is incompatible with her believing that there exist prior conditions that render impossible the performance of either one of these actions. However, the main argument for this view, associated most prominently with Peter van Inwagen, appears to have been widely rejected by contemporary authors on free will. In this paper I argue first that a closer examination of van Inwagen's argument (...) shows that the standard objections are based on a misunderstanding of the notion of ‘deliberation’ presupposed in this argument. Second, I attempt to strengthen the case for deliberation incompatibilism by offering a different argument in its support. (shrink)

Traditional procedures for rational updating fail when it comes to self-locating opinions, such as your credences about where you are and what time it is. This paper develops an updating procedure for rational agents with self-locating beliefs. In short, I argue that rational updating can be factored into two steps. The first step uses information you recall from your previous self to form a hypothetical credence distribution, and the second step changes this hypothetical distribution to reflect information you have genuinely (...) learned as time has passed. While the second step resembles traditional procedures of updating by conditionalization, the first is best understood by analogy to traditional models of how agents transmit self-locating opinions through ordinary interpersonal communication. (shrink)

How can anyone be rational in a world where knowledge is limited, time is pressing, and deep thought is often an unattainable luxury? Traditional models of unbounded rationality and optimization in cognitive science, economics, and animal behavior have tended to view decision-makers as possessing supernatural powers of reason, limitless knowledge, and endless time. But understanding decisions in the real world requires a more psychologically plausible notion of bounded rationality. In Simple heuristics that make us smart (Gigerenzer et al. 1999), we (...) explore fast and frugal heuristics – simple rules in the mind's adaptive toolbox for making decisions with realistic mental resources. These heuristics can enable both living organisms and artificial systems to make smart choices quickly and with a minimum of information by exploiting the way that information is structured in particular environments. In this précis, we show how simple building blocks that control information search, stop search, and make decisions can be put together to form classes of heuristics, including: ignorance-based and one-reason decision making for choice, elimination models for categorization, and satisficing heuristics for sequential search. These simple heuristics perform comparably to more complex algorithms, particularly when generalizing to new data – that is, simplicity leads to robustness. We present evidence regarding when people use simple heuristics and describe the challenges to be addressed by this research program. Key Words: adaptive toolbox; bounded rationality; decision making; elimination models; environment structure; heuristics; ignorance-based reasoning; limited information search; robustness; satisficing; simplicity. (shrink)

Many recent attacks on consequentialism and several defenses of pluralism have relied on arguments for the incommensurability of value. Such arguments have, generally, turned on empirical appeals to aspects of our everyday experience of value conflict. My intention, largely, is to bypass these arguments and turn instead to a discussion of the conceptual apparatus needed to make the claim that values are incommensurable. After delineating what it would mean for values to be incommensurable, I give an a priori argument that (...) such is impossible. It is widely accepted that value is conceptually tied to desire. I argue that, more specifically, it is proportional to merited desire strength. This connection gives one a metric of all value if there is any such thing. This metric entails that value is a complete ordering over all states of affairs, or, in other words, that value is commensurable. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

According to the mixed lexicographic/additive account of ‘better than’ and similar aggregative value comparatives like ‘healthier than’, values are multidimensional and different aspects of a value are aggregated into an overall assessment in a lexicographic way, based on an ordering of value aspects. It is argued that this theory can account for an acceptable definition of Chang’s notion of parity and that it also offers a solution to Temkin’s and Rachels’s Spectrum Cases without giving up the transitivity of overall betterness. (...) Formal details and proofs are provided in an “Appendix”. (shrink)

Few would disagree that contemporary society is characterized by ‘pluralism’, but what this means is widely disputed. Among the many senses of pluralism current in contemporary political theory, ‘value pluralism’ is one of the most keenly contested. The classic account is found in Isaiah Berlin, who sees basic human values as irreducibly multiple, often conflicting, and sometimes incommensurable with one another.Berlin’s pluralist views are scattered throughout his work, but major statements include the Introduction and last section of ‘Two Concepts of (...) Liberty’ in Berlin (2002), Berlin (1990), and Berlin (2000). Other accounts of pluralism influenced by Berlin include Raz (1986); Hampshire (1989); Stocker (1990); Nussbaum (1992) chapter 2; Kekes (1993); Gray (1995a, b); Chang (1997); Crowder (2002, 2004); Galston (2002, 2005). In the Continental tradition the concept of value pluralism is often traced to Max Weber (1948). Berlin seems in general to have believed that the pluralist outl .. (shrink)

I investigate whether heuristics similar to those studied by Gigerenzer and his co-authors can apply to the problem of finding a suitable heuristic for a given problem. I argue that not only can heuristics of a very similar kind apply but they have the added advantage that they need not incorporate specific trade-off parameters for balancing the different desiderata of a good decision-procedure.

This paper offers one formal reason why it may often be inappropriate to hold, of two conflicting desires, that the first must be weaker than, stronger than, or of the same strength as the second. The explanation of this fact does not rely on vagueness or epistemological problems in determining the strengths of desires. Nor does it make use of the problematic notion of incommensurability. Rather, the suggestion is that the motivational capacities of many desires might best be characterized by (...) two values, neither of which should be interpreted as strength. (shrink)

Experiments are actions, performed in order to gain information. Like other acts, there are virtues of performing them well. I discuss one virtue of experimentation, that of knowing how to trade its information-gaining potential against other goods.

In this article, I aim to vindicate the belief that many teachers have that their intuitions, insights, or perceptions are legitimate—and indispensible—guides for their teaching. Perceptions can constitute knowledge. This runs counter to some number of views that emphasize ‘reflective practice’ and teachers as ‘reflective practitioners.’ I do not deny that reflection can be important, but it is a derivative task, dependent on teachers being the ‘right sort of subject,’ having the ‘right orientation’ to their work, at the service of (...) achieving that orientation. That orientation is a matter of virtue, where virtue is manifested in the capacity to read situations correctly for what is required to serve persons’ welfare, for them to do well. This entails that good teaching is more experienced-based than research-based. Ultimately, it is life experience that provides for teachers’ ability to see well. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Inaugural speech spoken in acceptance of the chair ‘Ethics of water engineering’ at the Faculty of Technology, Policy and Management of Delft University of Technology on 16 November 2018.

Social science employs teleological explanations which depend upon the rationality principle, according to which people exhibit instrumental rationality. Popper points out that people also exhibit critical rationality, the tendency to stand back from, and to question or criticise, their views. I explain how our critical rationality impugns the explanatory value of the rationality principle and thereby threatens the very possibility of social science. I discuss the relationship between instrumental and critical rationality and show how we can reconcile our critical rationality (...) with the possibility of social science if we invoke Popper’s conception of limited rationality and his indeterminism. (shrink)

In Rabinowicz (2008), I considered how value relations can best be analysed in terms of fitting pro-attitudes. In the formal model of that paper, fitting pro-attitudes are represented by the class of permissible preference orderings on a domain of items that are being compared. As it turns out, this approach opens up for a multiplicity of different types of value relationships, along with the standard relations of ‘better’, ‘worse’, ‘equally as good as’ and ‘incomparable in value’. Unfortunately, the approach is (...) vulnerable to a number of objections. I believe these objections can be avoided if one re-interprets the underlying notion of preference: instead of treating preference as a ‘dyadic’ attitude directed towards a pair of items, we can think of it as a difference of degree between ‘monadic’ attitudes of favouring. Each such monadic attitude has just one item as its object. Given this re-interpretation, permissible preferences can be modelled by the class of permissible assignments of degrees of favouring to items in the domain. From this construction, we can then recover the old modelling in terms of the class of permissible preference orderings, but the previous objections to that model no longer apply. (shrink)

RESUMO O artigo examina se há alguma incompatibilidade entre práticas de discriminação privada e as duas partes do segundo princípio da justiça de Rawls, o princípio da equitativa igualdade de oportunidades e o princípio da diferença. Argumento que a discriminação no trabalho e em outras áreas importantes para o desenvolvimento das aptidões inatas somente atenta contra o PEIO quando tem como efeito geral o de tornar substancialmente desiguais as chances de cidadãos com similares aptidões inatas e motivação exercerem determinadas ocupações. (...) Comento também algumas dificuldades para considerar vedados pelo PEIO dois casos comuns de discriminação, a discriminação baseada em qualidade de reação e a discriminação por indicadores. Em relação ao PD, defendo que a proibição à discriminação privada se relaciona ao bem primário das bases sociais do autorrespeito e está circunscrita aos casos de discriminação degradante, como tal entendida, de acordo com Hellman, aquela cujo sentido expressivo é o de negar o igual status moral das pessoas pertencentes a um certo grupo. ABSTRACT This paper investigates the incompatibility between practices of private discrimination and the two parts of Rawls' second principle of justice, the fair equality of opportunity and the difference principle. I submit that discrimination at workplace and other sectors that are crucial for the development of natural talents only violates FEO when possessing the general effect of rendering substantially unequal the occupational chances of citizens with similar innate talents and motivation. I also point to some difficulties in proscribing, according to FEO, two common instances of discrimination, reaction qualification and proxy discrimination. Regarding the DP, my main statement is that a ban on private discrimination is related to the primary good of the social bases of self-respect and is circumscribed to instances of demeaning discrimination, defined, according to Hellman, as discrimination whose expressive meaning is denying people belonging to a given group their equal moral status. (shrink)

This paper reconsiders the contemporary moral reading of women’s oppression, and revises our understanding of the practical reasons for action a victim of mistreatment acquires through her unjust circumstances. The paper surveys various ways of theorising victims’ moral duties to resist their own oppression, and considers objections to prior academic work arguing for the existence of an imperfect Kantian duty of resistance to oppression grounded in self-respect. These objections suggest that such a duty is victim blaming; that it distorts the (...) normative direction of self-regarding duties; and that consequentialist reasons are inapt for justifying self-regarding ethical responsibilities. The paper then argues that the need for normative coherence in our very concept of a moral duty is of paramount importance, and especially so in the fight against patriarchal oppression. Accordingly, we should acknowledge the salient differences between pro tanto or defeasible moral reasons and fully fledged moral duties identifying agent-relative obligatory action. The paper concludes that we better respect and defend women’s rights when first we understand them as having, at best, defeasible moral reasons to oppose their oppression; and second, ensure that we make adequate allowance for a woman’s interpretative right to choose how to respond to her oppressive circumstances. (shrink)

GIS has captured planning practice to an unprecedented degree, and this article on how it reconfigures and is configured by institutional context. The author inquires into GIS as a technology for incorporating knowledge into institutional use and includes five propositions: GIS's efficiencies in data processing allows it unprecedented facility and scope of analysis, its use increases alienation, its mimetic language furthers its role in planning, its logic appears rational—purposive, but it conceals an underlying normative logic, and its most profound effect (...) is on the mapper, and the alienating and normative character of GIS necessitate new modes of “social ground-truthing.” The author studies the southeast Los Angeles initiatives to demonstrate these propositions. This article compares two studies: one GIS-based, and the other based on participatory action research and discusses how GIS might be recontextualized into a technology for liberating democratizing processes. (shrink)

ABSTRACTThis essay brings Martha Nussbaum's politically liberal version of the Capabilities Approach to human development into critical dialogue with the Catholic Social Tradition. Like CST, Nussbaum's focus on embodiment, dependence and dignity entails a social use of property which privileges marginalized people, and both theories explain the underdevelopment of central human capabilities in social rather than exclusively material terms. Whereas CST is metaphysically and theologically ‘thick', however, CA is ‘thin’: its proponents positively eschew metaphysical commitments, believing a commitment to quasi-Rawlsian (...) ‘overlapping consensus' is more consistent with political liberalism. This creates two tensions between CA and CST. The first is that CST understands the internal virtues of essentially social practices to be inseparable from their concrete instantiation in actual communities, while CA sometimes describes these virtues as political entitlements which can be supported independently o... (shrink)

According to the fitting-attitude analysis of value , to be valuable is to be a fitting object of a pro-attitude. In earlier publications, setting off from this format of analysis, I proposed a modelling of value relations which makes room for incommensurability in value. In this paper, I first recapitulate the value modelling and then move on to suggest adopting a structurally similar analysis of probability. Indeed, many probability theorists from Poisson onwards did adopt an analysis of this kind. This (...) move allows to formally model probability and probability relations in essentially the same way as value and value relations. One of the advantages of the model is that we get a new account of Keynesian incommensurable probabilities, which goes beyond Keynes in distinguishing between different types of incommensurability. It also becomes possible to draw a clear distinction between incommensurability and vagueness in probability comparisons. (shrink)

There exists an ongoing debate about the nature of incomparability. In this paper, I argue that incomparability is most usefully seen as a practical, rather than a metaphysical, issue. When confronted with an important choice between two options, an agent often will be at a loss as to how to decide between them. A common response to this problem is to assert that the options must therefore be equal, and that it is perfectly rational to be indifferent and decide between (...) them in some arbitrary fashion. Contrary to this common view, this paper shows that equality should be seen as the result of indifference and not the cause of it. I will show that the judgment between whether options are either equal or incomparable is actually a decision, made by an agent, that can in turn be judged as more or less rational. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

According to several prominent philosophers, pleasure and pain come in measurable quantities. This thesis is controversial, however, and many philosophers have presented or felt compelled to respond to arguments for the conclusion that it is false. One important class of these arguments concerns the problem of aggregation, which says that if pleasure and pain were measurable quantities, then, by definition, it would be possible to perform various mathematical and statistical operations on numbers representing amounts of them. It is sometimes argued (...) that such operations cannot be sensibly applied to pleasure and pain, and that sentences expressing such operations must be false or meaningless. The purpose of this paper is to present, explain, and rebut several versions of this argument. In the first section, I present a generic version of the argument. In the second section, I present a defense of its key premise based on a case involving comparisons of relief from pain, and explain why I think it fails. In the third section, I present and rebut another defense, based on a pair of analogies with temperature. In the final section, I present a third defense, based on an analogy with spatial distances. I then present my reasons for rejecting it. Along the way, I explain my reasons for thinking that pleasure and pain are amenable to interval measurement. (shrink)

According to a standard picture, for any two comparable objects and a basis for comparison, either one is greater than the other or they are equal with respect to the basis. This picture has been called the Trichotomy Thesis, and although it is intuitive and plausible, it has been called into question by such philosophers as Derek Parfit, James Griffin, Joseph Raz, and Ruth Chang. Chang’s discussion is particularly rich, for she proposes and provides a detailed account of a possible (...) fourth relation that, she argues, provides a satisfying explanation of hard cases of comparison. In this paper, I will examine a version of the main argument against the Trichotomy Thesis and attempt to show that it is unsound. (shrink)