The claim that the level of well-beingeach enjoys ought to be to some extent afunction of individuals'' talents, efforts,accomplishments, and other meritoriousattributes faces serious challenge from bothegalitarians and libertarians, but also fromskeptics, who point to the poor historicalrecord of attempted merit assays and theubiquity of attribution biases arising fromlimited sweep, misattribution, custom andconvention, and mimicry. Yet merit-principlesare connected with reactive attitudes andinnate expectations, giving them some claim torecognition and there is a widespread beliefthat their use indirectly promotes thewell-being of all. (...) After critically evaluatingarguments for and against assigning a prominentrole to merit in a distributive protocol, it isargued that an entitlement to the ``doubtful andspeculative'''' but not the ``known andpresumptive'''' components of well-being can flowfrom perceived relative merit. However,statistical equality of outcome with respect togroups is mandatory. Semi-meritocracies aredefensible institutions, but existing rewardschemes by and large do not meet the conditionsof social justice. (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...) — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

There are at least three tolerably distinct views about the connections between liberty and property; two of these I shall discuss fairly briefly in order to get on to Mill's central claims about the relationship between property rights and freedom, but in conclusion I shall return to them to show how they bear on what Mill has to say.

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

There are at least three tolerably distinct views about the connections between liberty and property; two of these I shall discuss fairly briefly in order to get on to Mill's central claims about the relationship between property rights and freedom, but in conclusion I shall return to them to show how they bear on what Mill has to say.

In Anarchy, State and Utopia Robert Nozick criticizes a broad range of theories of distributive justice using a thought experiment that involves the financial incentives for playing basketball. In this paper, I defend the so-called “patterning” conceptions of justice that are the targets of Nozick’s “Wilt Chamberlain” argument, via the development of an extended analogy between the distribution of politically relevant resources and the playing of games, as this latter activity is characterized by Bernard Suits in his influential book on (...) the subject, The Grasshopper. I argue that the plausibility of this analogy makes possible a more decisive refutation of Nozick’s argument than those suggested by Thomas Nagel and G.A. Cohen. I also briefly speculate about the implications of my game analogy for how philosophers should think about particular types of economic utopianism, especially those that involve conjectures about what human life would be like in a post-scarcity environment. (shrink)

In this paper I respond to the central claims presented in Samuel Moyn’s influential book, Not Enough: Human Rights in an Unequal World. Moyn argues that human rights have the following features: they are powerless to combat growing material inequality; they share key characteristics with neoliberalism; they make only minimalist or sufficientarian demands and therefore are not enough to achieve the equality demanded by justice. He suggests, in particular, that Henry Shue’s Basic Rights exemplifies these features. My response argues that (...) Moyn does not accurately present the core conceptual and normative characteristics of human rights, nor does he succeed in implicating Shue’s conception in his critique. I suggest that Moyn’s own ideas about global justice are incompletely developed, including his views about the scope, content, and distributive principles that should guide an account of global justice. Finally, I argue that, even though human rights are only part of an account of global justice, nonetheless they do provide reasons to limit socioeconomic inequality. This point is exemplified by the claim that a human right to democracy requires limits on material inequality in order to prevent power hierarchy. In short, I agree with Moyn that human rights are not enough by themselves to achieve global justice, but I reject his multi-pronged critique of human rights, specifically his claim that they imply no constraints on socioeconomic inequality. (shrink)

The paradoxes and dilemmas of social choice theory can be taken as an argument against a certain view of democracy: For the identity theory democracy represents a collective actor standing for aggregated individual interests. According to a second model of society, democracy has its normative basis in structural traits of interaction and cooperation. Within the formal theory of politics both the Arrow-Theorem and the Liberal Paradox undermine the identity theory and give us reasons for the second, the normative theory which (...) takes democracy as being constituted by structural rules. (shrink)

It seems uncontroversial to state that meeting the vital medical needs of the vulnerable is agoal of great moral importance. Those in need of an organ transplant are among the mostvulnerable and yet society has to a large extent failed them. Many would-be organ recipientshave to wait for long periods of time before they get the organ that they need and some haveto wait until it is too late. Something has to change. One of the most widely discussedsolutions is to (...) create a regulated market in organs. The financial incentives are believed toencourage more people to give someone else their organs, thus significantly increasingsupply. Regardless of the potential effectiveness of such a solution, there are many who takea principled stand against organ markets. These objections generally stem from a concern forthe insidious potential for coercion and the hazard of exploitation. I will argue that thearguments against organ markets fail due to the flawed conceptualization of coercion, fairnessand the expressive meaning of markets that these arguments are premised on. Furthermore,even though there is some truth to the exploitation objection, it does not have sufficient moralrelevance to justify a prohibition on a regulated market in organs. (shrink)

This article examines inequality from a framework of justice that attends to the socially situated nature of market activity, including exchange. I argue that accounts of unsituated exchange—accounts of market exchange that abstract from social situations, such as philosopher Robert Nozick’s influential libertarian account of justice—overlook various factors that contribute to growing economic inequality in contemporary society. Analyses of market exchange must incorporate the role of “third parties” who play a role in shaping and/or who are affected by economic transactions. (...) The involvement of these additional parties, including the government and future generations, is not interference but, instead, an integral part of the economic and moral accounting of exchange. An approach to justice and inequality which embeds exchange within multiple dimensions of economy and society is needed; the latter part of this article traces such a socially situated approach. (shrink)