Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...) while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must rest (...) on or be partly explained by answers to the second. Here I argue that this is a mistake: losses of inner freedom are not, after all, explicable in terms of failures of agency. To establish this conclusion, I consider three familiar lines of thought that appear to tie ideas about inner freedom to ideas about agency, each relating to a different conception of inner freedom: absence of inner constraint, self-government, and absence of determination by external forces. I argue that, in each case, any apparent conceptual reliance on a special conception of agency is merely illusory, the result being that we must allow clear water between our theories of inner freedom and our theories of agency. This conclusion is of significance for contemporary theories of agency and personal autonomy, as well as for ‘positive’ conceptions of political liberty. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

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 (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

Although G. A. Cohen's work on Marx was flawed by a lack of gender-awareness, his work on Rawls owes much of its success to feminist inspiration. Cohen appeals effectively to feminism to rebut the basic structure objection to his egalitarian ethos, and could now appeal to feminism in response to Andrew Williams's publicity objection to this ethos. The article argues that Williams's objection is insufficient to rebut Cohen's ethos, inapplicable to variants of this ethos, and in conflict with plausible gender-egalitarian (...) ethoses. The article also advocates an understanding of basic structuralism and publicity consistent with feminism, and argues that Rawlsians need not reject plausible domestic egalitarian ethoses on either publicity or liberty grounds. To Michèle, G. A. Cohen's Harriet Taylor. (shrink)

Philosophy of mind and cognitive science have recently become increasingly receptive to the hypothesis of extended cognition, according to which external artifacts such as our laptops and smartphones can—under appropriate circumstances—feature as material realizers of a person's cognitive processes. We argue that, to the extent that the hypothesis of extended cognition is correct, our legal and ethical theorizing and practice must be updated by broadening our conception of personal assault so as to include intentional harm toward gadgets that have been (...) appropriately integrated. We next situate the theoretical case for extended personal assault within the context of some recent ethical and legal cases and close with critical discussion. (shrink)

In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...) style of argument fails to generate interesting objections to democracy, we then see why it also fails to generate interesting objections to market society. (shrink)

According to the commonsense view of civic virtue, the places to exercise civic virtue are largely restricted to politics. In this article, I argue for a more expansive view of civic virtue, and argue that one can exercise civic virtue equally well through working for or running a for-profit business. I argue that this conclusion follows from four relatively uncontroversial premises: (1) the consensus definition of “civic virtue”, (2) the standard, most popular theory of virtuous activity, (3) a conception of (...) the common good widely shared by liberal political philosophers, and (4) the mainstream economic theory of for-profit business. (shrink)

Loi recently proposed a libertarian right to direct to consumer genetic testing — independent of autonomy or utility—reflecting Cohen’s work on self-ownership and Hohfeld’s model of jural relations. Cohen’s model of libertarianism dealt principally with self-ownership of the physical body. Although Loi adequately accounts for the physical properties of DNA, DNA is also an informational substrate, highly conserved within families. Information about the genome of relatives of the person undergoing testing may be extrapolated without requiring direct engagement with their personal (...) physical copy of the genome, triggering rights and interests of relatives that may differ from the rights and interests of others, that is, individual consumers, testing providers and regulators. Loi argued that regulatory interference with exercise of the right required justification, whereas prima facie exercise of the right did not. Justification of regulatory interference could include ‘conflict with other people’s rights’, ‘aggressive’ use of the genome and ‘harming others’. Harms potentially experienced by relatives as a result of the individual’s exercise of a right to test include breach of genetic privacy, violation of their right to determine when, and if, they undertake genetic testing and discrimination. Such harms may justify regulatory intervention, in the event they are recognised; motives driving ‘aggressive’ use of the genome may also be relevant. Each of the above criteria requires clarification, as potential redundancies and tensions exist between them, with different implications affecting different groups of rights holders. (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) sometimes outweigh claims to property. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Leistungssportlerinnen, die in populären Sportarten erfolgreich sind, kommen in den Genuss hoher Einkommen und großen sozialen Ansehens. Gleichzeitig ist ihr Erfolg von Voraussetzungen abhängig, die zu einem signifikanten Teil von ihrem Genotyp bestimmt werden. Diesen Sportlern werden also durch gesellschaftliche Prozesse substantielle Vorteile aufgrund von Eigenschaften zuteil, auf deren Vorhandensein sie keinen Einfluss haben. Wir untersuchen, wie wir vor dem Hintergrund verschiedener Gerechtigkeitsvorstellungen mit diesem Phänomen umgehen sollten. Wir argumentieren, dass die konsistente Berücksichtigung von Intuitionen zur gerechten Güterverteilung an Wettkämpferinnen (...) eine deutliche Ausweitung des Einsatzes von Wettkampfklassen erfordert. Die bestehenden Ungleichverteilungen lassen sich nicht allein mit Verweis auf ein Recht auf Selbsteigentum rechtfertigen. Sie verursachen auch keine Verbesserungen der Lage von besonders schlecht gestellten Individuen im Wirkungsbereich des Leistungssports, auf die zugunsten ihres Weiterbestehens verwiesen werden könnte. Trotz des erheblichen Aufwandes und der deutlichen Veränderungen im Charakter des Leistungssports, die mit der vorgeschlagenen Differenzierung von Wettkampfklassen einhergingen, ist diese Maßnahme geboten. (shrink)

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 (...) conclusive title to their bodies, but only defeasible title to the fruits of their bodies. (shrink)

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 (...) has no easy answer. (shrink)

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 (...) to equality as a demand of justice? My paper focuses on relationalist answers to this question. Advocates of relationalism assume that ‘principles of distributive justice have a relational basis’, in the sense that ‘practice mediated relations in which individuals stand condition the content, scope and justification of those principles’. To say that principles of justice are ‘based’ on and ‘conditioned’ by practice mediated relations is ambiguous. I will here be concerned with advocates of what I call the relationalist requirement , viz. positions which assume that ‘practice mediated relations’ constitute a necessary existence condition for principles of egalitarian distributive justice. Relationalists who endorse this view come in different varieties. My focus is on relationalists that view social and political institutions as the relevant ‘practice mediated relation’. The question at stake, then, is this: Are institutionally mediated relations a necessary condition for equality to arise as a demand of justice? Strong relationalists of the institutionalist cast, call them advocates of the institutionalist requirement , differ in important respects. They argue about what set of institutions is foundationally significant, and they disagree on why only that institutional relation gives rise to egalitarian obligations of justice. My paper engages two ways of arguing for the institutionalist requirement : Julius’s framing argument and Andrea Sangiovanni’s reciprocity argument . The issue at stake are the grounds of egalitarian justice and I will argue that the institutionalist requirement is mistaken. It is not the case that egalitarian obligations of distributive justice arise only between and solely in virtue of individuals sharing a common institution. (shrink)

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 (...) to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy. (shrink)

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.

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 (...) egalitarianism can explain why Marxian exploitation is unjust. (shrink)

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.

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 (...) trivializes the concept of exploitation, rendering it entirely parasitic on the notion of unfairness. (shrink)

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 (...) Cohen's work in political philosophy is best understood in the background of lifelong commitment to a form of democratic, non-market, socialism realizing the values of freedom, equality and community, as he conceived them. The first part of the essay is therefore an attempt to retrieve core socialism-related arguments by chronologically examining the development of Cohen's views, using his books as thematic signposts. The second part brings these arguments together with an eye to reconstructing his vision of socialism. It turns out that Cohen's political philosophy offers a rich conception of objective and subjective freedom, an original understanding of justice as satisfaction of genuine need, and a substantive ideal of fraternity as justificatory community with others. If properly united, these values can suggest a full-bloodied account of the just polity, and give us a glimpse into what it means, for Cohen, to treat people as equals. (shrink)

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 (...) Cohen’s work in political philosophy is best understood in the background of lifelong commitment to a form of democratic, non-market, socialism realizing the values of freedom, equality and community, as he conceived them. The first part of the essay is therefore an attempt to retrieve core socialism-related arguments by chronologically examining the development of Cohen’s views, using his books as thematic signposts. The second part brings these arguments together with an eye to reconstructing his vision of socialism. It turns out that Cohen’s political philosophy offers a rich conception of objective and subjective freedom, an original understanding of justice as satisfaction of genuine need, and a substantive ideal of fraternity as justificatory community with others. If properly united, these values can suggest a full-bloodied account of the just polity, and give us a glimpse into what it means, for Cohen, to treat people as equals. (shrink)

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 (...) (values of the) lives of the unempowerable, in virtue of the fact that these lives are viewed as not meriting direct normative consideration. If, on the other hand, their discretion is restricted by duties of care, then the will theory has no argumentative resources within its conceptual apparatus to ascribe or justify them. It is therefore incomplete as a theory of rights. (shrink)

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 (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

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 (...) access one has to a share of the social product or in the measure of economic self-sufficiency one enjoys. Accordingly the role of private property in external resources as a condition for freedom is unclear: is it the basis of people's capacity for self-determination or is it the basis of people's bargaining power? Van Parijs' commitment to self-ownership suggests the former, his commitment to solidarity suggests the latter. A similar ambivalence is pointed out in his argument for a universal basic income, for which Real Freedom for All is so well-known. (shrink)

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 (...) accord with the Rawlsian general conception come closest to meeting this requirement. This way of arguing for the conception enables the defenders of the theory to elude standard objections offered by utilitarians, libertarians, and even other egalitarians. (shrink)

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. (...) The paper proposes an alternative conceptualization of that relation, the identity view according to which a human being is identical with their living body. This view, which offers a new ethical perspective on some central concepts of transplant medicine and its ethical and legal standards and institutions, supports widely shared intuitive ethical judgments. On this proposal, an act of selling a human body or one of its parts is an act of trade in human beings, not in owned objects. Transfers of human body parts for treatment purposes are to be seen as sharing in another human being’s misfortune rather than as giving owned objects. From the perspective of policy-making, the proposal requires, first, that informed consent for removal of transplant material be obtained from the potential benefactor. Secondly, explicit consent by the prospective benefactor is obligatory in the case of removal of transplant material from a living benefactor. Thirdly, in the case of posthumous retrieval, informed consent by the potential benefactor during their life is not ethically indispensable. Additionally, while refusal of posthumous retrieval expressed by a potential benefactor during their life must be respected, such a refusal needs ethical justification and explanation. (shrink)

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 (...) have for the value of democracy and political equality. Volacu and Dumitru’s Incentive Objection holds that limitarianism places an excessive and inefficient burden on the rich in ensuring political equality. The Efficacy Objection holds that even if limitarianism limits excessive wealth it still fails to ensure the preservation of political equality. In this paper, I will argue that both of these objections fail, but on separate grounds. I argue that the Incentive objection fails because one could appeal to limitarian policies that are different from the ones discussed by Volacu and Dumitru and which escape the problem of reduced productivity. I argue against the Efficacy Objection that limitarian policies are a partial but highly valuable step towards establishing political equality, and that they can and should complement or be complemented by other strategies. (shrink)

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 (...) Steiner claims, this idea requires us to evaluate not only the pieces of GLGI that we have used, but rather all the pieces of GLGI that our bodies deliver throughout our lives. Then I argue that besides the immense technical difficulties involved in meeting this requirement, which we may overcome in the future, there is also a substantive reason why we cannot meet this requirement. The relevant value of any given piece of GLGI depends on the way it would interact with another piece of GLGI of the opposite sex in a reproductive process. But there is no way of determining which pieces of GLGI should be assigned to each other for the purpose of this evaluation. (shrink)

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, (...) climate politics is neither primarily mitigation nor economic incentive politics, but one of distributing rights to access natural resources in a fair and environmentally-friendly way. By changing both the narrative and underlying methodological assumptions, my goal is to enable us to accommodate the rights to access natural resources as a key moral issue in climate politics. I begin by sketching the main features of the tragedy of the commons and demonstrate its inadequacy. I then provide an account of the rights-based view of climate change that consists of two arguments. First, I demonstrate the normative side of the argument by highlighting the importance of environmental rights, and second, I outline the empirical side of the argument by discussing recent studies on the properties of natural resources and on the corporate agents who extract the resources that emit greenhouse gasses. (shrink)

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 (...) traditional view of rights’ stringency is necessarily false, nor even that we have no good reason to believe it is true. Rather, my aim is only to show that we have good reason to think that the foundation of the traditional position is less stable than we might have otherwise supposed and that an alternative conception of rights—one which takes the stringency of any given right as particular to the kind of right it is—is both viable and attractive. In short, to begin to move us towards a more ‘particularist’ conception of rights’ standing in moral reasoning and judgement. (shrink)

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 (...) to show that we have good reason to accept good simpliciter skepticism. So, I show that we do not have good reason to accept good simpliciter skepticism. (shrink)

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 (...) moral platitude expressed in sufficientarianism's positive thesis,. Nor is there anything in egalitarianism as such that makes it impossible to recognize the banal truth that there are many important things besides equality, and that many dimensions of human affairs are improperly appraised from a relational or comparative point of view. The fact that a relational or comparative point o... (shrink)

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 (...) Account can explain why workers ought to hold more than they do. The Underpayment Account cannot yield this conclusion. The Theft Account is superior to the Underpayment Account insofar as exploitation is to be an injustice—a wrong that requires the exploited party to hold more. (shrink)

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 (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

(2002). Rich Egalitarianism, Ordinary Politics, and the Demands of Justice. Inquiry: Vol. 45, No. 1, pp. 97-117.

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 (...) value, stakeholder rights, collective social priorities, organizational responsibilities, and political action. (shrink)

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 (...) he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

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 (...) the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

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 (...) ?right to do wrong? as a ?logical contradiction? reveals a misunderstanding of logic. (shrink)

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 (...) granting his assumption of joint ownership. That assumption was rejected by Locke, Pufendorf and other writers on property for reasons that Cohen does not rebut. (shrink)

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 (...) to fairness. Cohen's account of distributive justice is therefore one of justice as fairness. (shrink)