This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...) its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

One of the most distinctive and startling claims of Rawlsian political liberalism is that truth has no place in public political deliberation on matters of basic justice. Joshua Cohen thinks there is a tension between Rawls’s exclusion of truth in public political deliberation and the importance accorded to truth in the conception of morally serious political deliberation held by most citizens. Cohen claims that this apparent tension can be resolved by constructing and introducing a suitably political, non-divisive and neutral, conception (...) of truth which is capable of satisfying both the highly distinctive requirements of Rawlsian political liberalism and the importance accorded to truth by the conception of public deliberation held by most citizens. In this paper I argue that Cohen is unsuccessful in this attempt and that his political conception of truth cannot satisfy both political liberalism and a descriptively adequate specification of the importance accorded to truth by the familiar accounts of morally serious political deliberation upon which Cohen relies. (shrink)

In this article, I explore the method of genealogy in moral philosophy, with a focus on evaluating the credibility of moral progress judgments. Despite genealogy becoming a new trend in this field, I critique three types of defective grand narrative genealogies represented by the works of Peter Railton, Michael Huemer, and Nicholas Smyth. I argue that their genealogies fail to be adequate for evaluating moral progress judgments’ credibility. Railton’s genealogy lacks specificity regarding the relatum of the causal story he presents, (...) Huemer’s fails to withstand the scrutiny of historical evidence, and Smyth’s gives no clear verdict on the credibility of the moral progress judgments it explains. These failures, I argue, stem from grand narratives’ neglect of the particularities in each case of moral belief emergence. The disregard for details renders grand narratives generally inadequate for credibility evaluation. Instead, I propose a case study approach that takes into account four types of particulars in each case. I argue that this approach is more methodologically adequate in evaluating the credibility of moral progress judgments since these case-specific details are essential in determining the credibility of a moral belief. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

Societies change over time. Chattel slavery and foot-binding have been abolished, democracy has become increasingly widespread, gay rights have become established in some countries, and the animal rights movement continues to gain momentum. Do these changes count as moral progress? Is there such a thing? If so, how should we understand it? These questions have been receiving increasing attention from philosophers, psychologists, biologists, and sociologists in recent decades. This survey provides a systematic account of recent developments in the understanding of (...) moral progress. We outline the concept of moral progress and describe the different types of moral progress identified in the literature. We review the normative criteria that have been used in judging whether various developments count as morally progressive or not. We discuss the prospects of moral progress in the face of challenges that claim that moral progress is not psychologically possible for human beings, and we explore the metaethical implications of moral progress. (shrink)

We propose a fundamental challenge to the feasibility of moral progress: most extant theories of progress, we will argue, assume an unrealistic level of cognitive control people must have over their moral judgments for moral progress to occur. Moral progress depends at least in part on the possibility of individual people improving their moral cognition to eliminate the pernicious influence of various epistemically defective biases and other distorting factors. Since the degree of control people can exert over their moral cognition (...) tends to be significantly overestimated, the prospects of moral progress face a formidable problem, the force of which has thus far been underappreciated. In the paper, we will provide both conceptual and empirical arguments for this thesis, and explain its most important implications. (shrink)

Apocalypse, it seems, is everywhere. Preachers with vast followings proclaim the world's end and apocalyptic fears grip even the non-religious amid climate change, pandemics, and threats of nuclear war. But as these ideas pervade popular discourse, grasping their logic remains elusive. Ben Jones argues that we can gain insight into apocalyptic thought through secular thinkers. He starts with a puzzle: Why would secular thinkers draw on Christian apocalyptic beliefs--often dismissed as bizarre--to interpret politics? The apocalyptic tradition proves appealing in part (...) because it theorizes a special relation between crisis and utopia. Apocalyptic thought points to crisis as the vehicle to bring the previously impossible within reach, thus offering apparent resources for navigating challenges in ideal theory, which tries to imagine the best and most just society. By examining apocalyptic thought's appeal and risks, this study arrives at new insights on the limits of ideal theory and utopian hope. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

In this Special Issue of Journal of Critical Realism on Normativity, Elder-Vass has provided a paper that in part responds to one that Chris Winship and I wrote together, which was presented at the...

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...) in some cases directly inspired by, the work of Moore. (shrink)

Presents the results of our study comparing two different approaches (those of Goodwin and Darley 2008, and Sarkissian et al. 2011) to empirically measuring people's belief in moral objectivity. Examines the relationship between belief in moral objectivity and two other metaethical attitudes: belief in moral progress and belief in a just world.

Why is recognition of such an importance for humans? Why should lack of recognition motivate people to fight or work for recognition? In this article, I first discuss shortly Axel Honneth's psychologizing strategy for answering these questions, and suggest that the psychological harms of lack of recognition pointed out by Honneth are neither sufficient nor necessary for motivation to fight or work for recognition to arise. According to the alternative that I then spell out, recognition and lack of it are (...) so intimately intertwined with some of the most fundamental and intuitively appealing facts about what it is to be a person in a full-fledged sense — arguably in any culture — that there are reasons to be optimistic about a more or less universal existence of latent motivation to fight or work for more or more equal recognition. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative ideal (...) of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is (...) instructive because it forces us to consider important questions about the nature and justification of human rights, including the putative human right to democracy. There is a tendency to see every claim of justice as a human right, and Cohen presses us to face the risk that this slip may occur in the case of democracy. Thus my aim is not simply to refute Cohen’s arguments but to engage the questions he forcefully and helpfully puts on the table. I start in section 2 by analyzing Cohen’s account of human rights. In section 3 I defend the human right to democracy against his challenge. I conclude in section 4 by articulating some reasons for the claim that democracy is a human right that mobilize and elaborate on some of Cohen’s own key premises. (shrink)

Without needing to commit to any specific claims about what states of affairs have most agent-neutral value, we can nevertheless predict that states of affairs which are relatively valuable are also relatively likely to occur—on the grounds that, all else equal, at least some other agents are likely to recognize the value of those states of affairs, pursue them because they are valuable, and successfully bring them about as a consequence of that pursuit. This gives us a way to promote (...) value as such, rather than promoting it under some more tendentious description. We can predict that actions which help other people—or our own future selves—to recognize valuable states of affairs, actions which motivate them to pursue whatever states of affairs they believe to be valuable, or actions which help them succeed at their pursuits will, all else equal, have positive consequences. So we have a pro tanto reason to take such actions, and the subjective justification of that reason is independent of other moral claims. (shrink)

Do moral properties figure in the best explanatory account of the world? According to a popular realist argument, if they do, then they earn their ontological rights, for only properties that figure in the best explanation of experience are real properties. Although this realist strategy has been widely influential—not just in metaethics, but also in philosophy of mind and philosophy of science—no one has actually made the case that moral realism requires: namely, that moral facts really will figure in the (...) best explanatory picture of the world. This issue may have been neglected in part because the influential dialectic on moral explanations between philosophers Gilbert Harman and Nicholas Sturgeon has focused debate on whether moral facts figure in relevant explanations. Yet as others have noted, explanatory relevance is irrelevant when it comes to realism: after all, according to the popular realist argument, it is inference to the best explanation of experience that is supposed to confer ontological rights. I propose to ask, then, the relevant question about moral explanations: should we think that moral properties will figure in the best explanatory account of the world? (shrink)

The institution of slavery is an unjust institution. The aim of this paper is to provide an explanation of why it is unjust. I argue that slavery is unjust because it makes it impossible for slaves to realise both their interest in self-respect and their interest in being at home in the world. Furthermore, I argue that this explanation of the injustice of slavery also provides us with an argument for political equality.

How should we act when uncertain about the moral truth, or when trying to remain neutral between competing moral theories? This dissertation argues that some types of actions and policies are relatively likely to be approved by a very wide range of moral theories—even theories which have never yet been formulated, or which appear to cancel out one another's advice. For example, I argue that actions and policies which increase a moral agent's access to primary goods also tend to increase (...) that agent's likelihood of bringing about good consequences, even under varying and mutually incompatible hypotheses about what consequences count as "good". We therefore have a subjective, pro tanto moral reason to perform such actions and enact such policies—one whose justification does not require treating any particular theory as especially probable, but instead merely requires treating at least one at-least-partly consequentialist moral theory as an open hypothesis, and is therefore applicable even under conditions of moral uncertainty or moral neutrality. My discussion begins abstractly, but as it progresses it gradually applies its framework to increasingly concrete issues. I find that the justification of some liberal policies—in the classical sense of "liberal"—can be accomplished with significantly fewer moral assumptions than have traditionally been relied upon. (shrink)

Despite widespread support for the claim that death can harm the one who dies, debate continues over how to rescue this harm thesis (HT) from Epicurus’s challenge. Disagreements focus on two of the three issues that any defense of HT must resolve: the subject of death’s harm and the timing of its injury. About the nature of death’s harm, however, a consensus has emerged around the view that death harms a subject (when it does) by depriving her of the goods (...) life would’ve afforded had she continued living. This deprivation view of death’s harm (DV) derives some of its credibility from the general deprivation theory of which it is an instance: mortal harm is subject to the same kind of analysis plausibly given of other non-mortal harms. Furthermore, note that the weak formulation of HT—asserting only that death can inflict harm, not that it always or necessarily does—accommodates the intuition that instances of rational suicide and justifiable euthanasia present cases in which death fails to harm. DV is equipped to explain how in these cases the harms involved in continued existence outweigh the goods of which death deprives the subject. I agree that suicide can be rational and that euthanasia can be justifiable. Likewise I accept both HT and DV as far as they go. But they do not go far enough. Specifically, I argue here that death harms even those who die as a result of rational suicide or justifiable euthanasia; that death’s harm is neither undifferentiated nor wholly contingent, but multifaceted and partly necessary; that the necessary part of death’s harm is distinctive, inflicting a peculiar restriction on the autonomy of one who dies; and, regarding the timing and subject issues, that this restriction harm is inflicted on the antemortem subject prior to her death. (shrink)

A key feature of ISCT is the claim that individuals are required to comply with the norms that are "accepted by a clear majority of the community as standing for an ethical principle" [Donaldson and Dunfee, 1999, "The Ties that Bind", p. 39], so long as these norms are consistent with hypernorms. I refer to this as the communal authority thesis. Many people see the communal authority thesis as an attractive feature of ISCT, a welcome move away from the abstraction (...) of principle-based ethical theories. I argue in this article, however, that the communal authority thesis is false: we do not have a general moral obligation to comply with the accepted norms in our community. I consider and reject several defenses of the communal authority thesis, including the central arguments put forward by Donaldson and Dunfee. I go on to develop my own position, which accepts that social norms can be important from the moral point of view. However, I argue that social norms are important because they can shape the morally important features of our situation, not because we have a general obligation to comply with these norms as such. I use examples such as gift giving in Japan and the housing crisis to illustrate my position. (shrink)

Modern democracy attempted to solve the dilemmas posed by opposing features from various traditions through two strategies: representation, which allowed it to incorporate citizens’ conflicting interests within a restricted collegiate group that permitted deliberation and agreement, on one side, and universal choice of representatives and governments for limited periods of time, on the other. Since the first decades of the 20th century, this notion of democracy within the framework of a republican constitution was opposed by another one that rejected all (...) forms of parliamentarianism, discussion and public deliberation in the name of a “democracy” based on the identity and homogeneity of a mass of people under the hegemonic leadership of a party, centered around the will and decisions of a managing elite and a charismatic leader, viewed as the sole representative of the people themselves. Both forms of democracy –strict and perverted – are being harassed by the powers unleashed by globalization and transnationalisation that are becoming alien oligarchies, opposed to the notion of citizenship and restrictive of its rights. In liberal parliamentary democracies the functional imperative issued by the financial sector is channeled through a crisis cabinet that assimilates demands and transforms them by managing an ever-changing budget whose aim is to add new sufferings to the bulk of the population that can only counteract through protest. Given the constitutional backdrop of these societies, with their deep democratic network, the gradual transformation of the European Union into a transnational arena fuelled by “a club of chiefs of state” has only made yet more patent the oligarchic turn of its post-crisis evolution. In plebiscite democracies the turn was operated through a sovereign entrenchment of the power of the oligarchy on the pretext of resistance to the pressure set by globalization. Since the onset of the 90s, Latin America as well as countries in Eastern Europe have witnessed a gradual turn toward what O’Donnell has termed “delegative democracies”, or neo-populism, according to other authors. These regimes are characterized by exalting a populist leader, upholding him as a savior who will gauge the needs and wishes of the mass of individuals without intermediaries, focusing mainly on those who feel excluded from the mainstream of institutionalized democracy. This ensures feedback to populist regimes supported by a hegemonic political party that lives on State resources and on the rampant corruption it protects in order to finance ‘clientelism’ among those excluded from the system by the policies of the State itself. (shrink)

After criticizing some recent writings typical of the different forms of ethical objectivism, that is, intuitionism, naturalism (including the ideal observation theory and supervenience), and rationalism, I gave my reasons for siding with ethical subjectivism. I hope to demonstrate that this alternative meta‐ethical theory does not consider moral judgements meaningless nor arbitrary, and that it is compatible with empiricism in science and with serious moral commitment. Objectivists, on the other hand, tend to take a parochial view of ethics, identifying morality (...) with a particular moral point of view, nowadays liberalism and the common good, while ignoring rival moral principles which are politically important. (shrink)

In this article, I examine the view that there is a human right to democracy, and consider why we should regard this issue as decisive in solving the problems of foreign interference in the protection of human rights. I also note that there has been almost no discussion about the holder of the human right to democracy, that is, who is to hold this right. After comparing John Rawls’ argument against the human right to democracy and Thomas Christiano’s argument for (...) it and showing similarities and critical differences among their arguments, I insist that we ought to be sensitive when proclaiming that democracy—be it a minimally egalitarian democracy or a more exacting one—is a universal value. We have sufficient cause to consider carefully not only the political circumstances but also the political infrastructure of the country before we proceed to an even limited intervention in the name of the protection of a human right to democracy. If the human right to democracy is not just a right to vote, but a right to the whole process of establishment and enjoyment of democracy, it should be understood as a group right that pertains to a human population that legitimately claims political self-determination. Any human population that insists on the democratic self-determination of their political will is both able and entitled to establish and administer democratic institutions, regardless of the diversity of its ascribed or cultural characteristics. The establishment of such a group with a firm political identity should be considered as the political infrastructure to claim and exercise the human right to democracy. (shrink)