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_ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...) |
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The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...) |
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If one values freedom, what sort of regime of property should one favor: libertarianism, socialism, or something else again? Debate on this topic has been hampered by a failure to distinguish freedom and liberty, which are both of great value, but can come into conflict. Furthermore there are many similar concepts—distinct from both liberty and freedom, yet each representing something we rightly value—which may also come into conflict with each other and with freedom and liberty. Consequently the question posed above (...) |
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John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian principles of distributive justice and give rise (...) |
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The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires (...) |
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G. A. Cohen's argument against the claim that respect for self‐ownership entails libertarianism features the imaginary example of “Able and Infirm.” Richard Epstein, Tom Palmer, and Am Feallsanach criticize the example, but fail to rescue libertarianism from Cohen's attack. This is due to a misunderstanding of the role the example plays in Cohen's argument, and to a false belief that the initial ownership status of the world is important for resolving disputes in political philosophy. |
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This paper focuses on the claim that luck egalitarianism is incompatible with Marxian theory because it allows for the possibility of a ‘clean path’ to capitalism. It explores the nature and structure of the clean path argument generally and critically discusses luck egalitarian versions of the argument. It contends that the Marxian theory of exploitation can meet the challenge of the clean path to capitalism argument, that luck egalitarianism and the Marxian theory of exploitation are not incompatible, and that luck (...) |
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This paper reviews the recent literature on exploitation. It distinguishes between three main species of exploitation theory: teleology-based accounts, respect-based accounts, and freedom-based accounts. It then addresses the implications of each. |
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In a recent paper in this journal, Richard Arneson criticizes the domination account of exploitation and attributes it to me and Allen Wood. In this paper, I defend the domination account against Arneson's criticisms. I begin by showing that the domination view is distinct from the vulnerability-based view defended by Wood. I also show that Alan Wertheimer's influential account of exploitation is congenial to the domination view. I then argue that Arneson's own fairness-based view of exploitation generates false negatives and (...) |
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This essay is an attempt to piece together the elements of G. A. Cohen's thought on the theory of socialism during his long intellectual voyage from Marxism to political philosophy. It begins from his theory of the maldistribution of freedom under capitalism, moves onto his critique of libertarian property rights, to his diagnosis of the “deep inegalitarian” structure of John Rawls' theory and concludes with his rejection of the “cheap” fraternity promulgated by liberal egalitarianism. The paper's exegetical contention is that (...) |
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This essay is an attempt to piece together the elements of G. A. Cohen’s thought on the theory of socialism during his long intellectual voyage from Marxism to political philosophy. It begins from his theory of the maldistribution of freedom under capitalism, moves onto his critique of libertarian property rights, to his diagnosis of the “deep inegalitarian” structure of John Rawls’ theory and concludes with his rejection of the “cheap” fraternity promulgated by liberal egalitarianism. The paper’s exegetical contention is that (...) |
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This paper recasts an old objection to the will theory in the light of recent attempts to defend that theory, notably by Nigel Simmonds and Hillel Steiner. It enlists the idea of duties of care—effectively restrictions over legal officials’ discretionary exercise of powers—to form a dilemma for such theorists: either legal officials’ discretion over powers is restricted by duties of care for the unempowerable, or it is not. If their discretion is unrestricted, then the will theory is insensitive to the (...) |
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Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) |
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Real-libertarianism, as it is expressed in Philippe Van Parijs' recent monograph Real Freedom for All is characteristically committed to both self-ownership and 'solidarity with the infirm or handicapped. In this article it is argued that the conception of freedom that is used to endorse self-ownership is inconsistent with the conception of freedom or opportunity that is used to justify transfer payments to those with no or low earning capacity. The problem turns around the question whether one's freedom consists in the (...) |
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This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...) |
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Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) |
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The paper argues that the idea of gift-giving and its associated imagery, which has been founding the ethics of organ transplants since the time of the first successful transplants, should be abandoned because it cannot effectively block arguments for markets in human body parts. The imagery suggests that human bodies or their parts are transferable objects which belong to individuals. Such imagery is, however, neither a self-evident nor anthropologically unproblematic construal of the relation between a human being and their body. (...) |
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In this paper, I argue that limitarian policies are a good means to further political equality. Limitarianism, which is a view coined and defended by Robeyns, is a partial view in distributive justice which claims that under non-ideal circumstances it is morally impermissible to be rich. In a recent paper, Volacu and Dumitru level two arguments against Robeyns’ Democratic Argument for limitarianism. The Democratic Argument states that limitarianism is called for given the undermining influence current inequalities in income and wealth (...) |
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In his left-libertarian theory of justice Hillel Steiner introduces the idea of conceiving our germ-line genetic information as a natural resource as a means to achieving luck-egalitarian equality. This idea is very interesting in and of itself. But it also has the potential of turning Steiner’s theory into a particularly powerful version of left-libertarianism, or so I argue in the first part of this paper. In the second part I critically examine this idea. I show why, in contrast to what (...) |
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In this article I elaborate and defend a rights-based understanding of climate politics, that is, one that takes climate politics to concern the rights to access of natural resources as opposed to people’s economic incentives. The argument contains two parts. The first is negative: to demonstrate that the tragedy of the commons as a story of climate change is inadequate. The second is positive: to suggest a more satisfactory framework, which I call the tragedy of the few. In this view, (...) |
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For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...) |
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Many including Judith Jarvis Thomson, Philippa Foot, Peter Geach, Richard Kraut, and Paul Ziff have argued for good simpliciter skepticism. According to good simpliciter skepticism, we should hold that there is no concept of being good simpliciter or that there is no property of being good simpliciter. I first show that prima facie we should not accept either form of good simpliciter skepticism. I then show that all of the arguments that good simpliciter skeptics have proposed for their view fail (...) |
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This critical notice provides an overview of Harry Frankfurt’s On Inequality and assesses whether Frankfurt is right to argue that equality is merely formal and empty. I counter-argue that egalitarianism, properly tweaked and circumscribed, can be defended against Frankfurt’s repudiation. After surveying the main arguments in Frankfurt’s book, I argue that whatever plausibility the ‘doctrine of sufficiency’ defended by Frankfurt may have, it does not strike a fatal blow against egalitarianism. There is nothing in egalitarianism that forbids acceptance of the (...) |
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Marxists claim capitalists unjustly exploit workers, and this exploitation is to show that workers ought to hold more than they do. This paper presents two accounts of exploitation. The Theft Account claims that capitalists steal some of the value to which workers are entitled. The Underpayment Account holds that capitalists are not entitled to pay workers as little as they do, even if the workers are not entitled to the full value they produce. This paper argues that only the Theft (...) |
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This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) |
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(2002). Rich Egalitarianism, Ordinary Politics, and the Demands of Justice. Inquiry: Vol. 45, No. 1, pp. 97-117. |
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Macromarketing attempts to address issues that engage marketing and society and previous ethical scholarship has focused on distributive justice and on exchanges that occur in conventional markets. As our research highlights, however, the distributive justice approach alone is insufficient for managing the complexities, ethical paradoxes, and out-of-market conditions associated with wicked, cross-national social concerns. In this article, we integrate macromarketing with the theory of the common good in order to provide a foundation for framing societal change that can encompass nonmarket (...) |
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Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed (...) |
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This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...) |
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Abstract In his critique of modern libertarian thinking, Jeffrey Friedman (1997) argues that libertarian moral theory makes social science irrelevant. However, if its moral claims are hypothetical rather than categorical imperatives, then economics, history, sociology, and other disciplines play a central role in libertarian thought. Limitations on human knowledge necessitate abstractly formulated rules, among which are claims of rights. Further, Friedman's remarks on freedom rest on an erroneous understanding of the role of definitions in philosophy, and his characterization of the (...) |
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G.A. Cohen has produced an influential criticism of libertarian‐ism that posits joint ownership of everything in the world other than labor, with each joint owner having a veto right over any potential use of the world. According to Cohen, in that world rationality would require that wealth be divided equally, with no differential accorded to talent, ability, or effort. A closer examination shows that Cohen's argument rests on two central errors of reasoning and does not support his egalitarian conclusions, even (...) |
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I assess G. A. Cohen's claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people's expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen's account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an underlying commitment (...) |
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While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that the use of (...) |
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While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that the use of (...) |
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A new collection of essays edited by Michael J. Thompson aims to explicate and defend the humanist values which, according to the authors, were the core of Marx's critique of capitalist society. The text does not aim to provide a political roadmap to building an alternative society in which those values could be realized but rather philosophical analysis of the meaning and implications of those values. While there are sometimes tensions between the philosophical arguments developed in the various essays that (...) |
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I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) |
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Many arguments have been advanced in favor of employee participation in firm decision-making. Two of the most influential are the "interest protection argument" and the "autonomy argument." I argue that the case for granting participation rights to some other stakeholders, such as suppliers and community members, is at least as strong, according to the reasons given in these arguments, as the case for granting them to certain employees. I then consider how proponents of these arguments might modify their arguments, or (...) |
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In “Libertarian Natural Rights,” Siegfried Van Duffel endeavors to illuminate shortcomings in libertarian defenses of natural‐rights theory. Noting that defenses based on freedom beg the question, Van Duffel explores whether libertarians can find salvation in the concept of the sovereignty of the will, and concludes that this approach leads to incoherence. But because his arguments ignore the actual moral basis of natural rights, they at best fell a straw man, not libertarianism. They do, however, call into question the viability of (...) |
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Although neither sovereignty nor possession are explicit themes of Glen Coulthard’s Red Skin, White Masks, both concepts are essential to his critique of ‘recognition’ and the ongoing dynamics of Canadian colonialism. In this response, I offer a critical examination of the status of these liberal concepts in Coulthard’s work, and suggest that he has in fact given us a powerful theory of ‘countersovereignty’. Countersovereignty forces us to consider the meanings of possession and dispossession that animate the book, which in turn (...) |
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The concept of the digital phenotype has been used to refer to digital data prognostic or diagnostic of disease conditions. Medical conditions may be inferred from the time pattern in an insomniac’s tweets, the Facebook posts of a depressed individual, or the web searches of a hypochondriac. This paper conceptualizes digital data as an extended phenotype of humans, that is as digital information produced by humans and affecting human behavior and culture. It argues that there are ethical obligations to persons (...) |
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There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) |
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Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso? |
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When individuals receive benefits as a result of the burdens assumed by other people, they are expected to make a return in similar form. To do otherwise is considered as a failure to treat those other people with appropriate respect. It is this which justifies the expectation that individuals share in the labour that is necessary to preserve just institutions and productive practices that characterise complex schemes of social cooperation. In this paper, I argue that where benefits do not meet (...) |
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