This article aims to examine Adam Smith’s deep and broad influence on the thought of Amartya Sen, especially concerning the issue of social justice that pervades the writings of both authors. First, we will analyze Sen’s revision of the work of Smith to refute the interpretation still prevalent, that makes use of certain excerpts from The Wealth of Nations as the main reference in defending the deregulation of markets and in exempting the economic thought from any consideration of moral values, (...) demonstrating how Sen draws on Smith’s ideas to explain the impoverishment of economics when it departs from ethics. Then, we will consider the overwhelming influence of the Smithian thought on Sen’s criticism of the theory of rational choice through his distinctive formulation of the theory of social choice, whose importance was rightly recognized, earning him the Nobel Prize in Economics in 1998. (shrink)

The use of AI algorithms in criminal trials has been the subject of very lively ethical and legal debates recently. While there are concerns over the lack of accuracy and the harmful biases that certain algorithms display, new algorithms seem more promising and might lead to more accurate legal decisions. Algorithms seem especially relevant for bail decisions, because such decisions involve statistical data to which human reasoners struggle to give adequate weight. While getting the right legal outcome is a strong (...) desideratum of criminal trials, advocates of the relational theory of procedural justice give us good reason to think that fairness and perceived fairness of legal procedures have a value that is independent from the outcome. According to this literature, one key aspect of fairness is trustworthiness. In this paper, I argue that using certain algorithms to assist bail decisions could increase three diferent aspects of judges’ trustworthiness: (1) actual trustworthiness, (2) rich trustworthiness, and (3) perceived trustworthiness. (shrink)

Metaethical expressivism faces the perennial objection that its commitment to non‐cognitivism about moral judgment renders the view revisionary of our ordinary moral thought. The standard response to this objection is to say that since the expressivist's theoretical commitments about the nature of moral judgment are independent of normative ethics, the view cannot be revisionary of normative ethics. This essay seeks to evaluate the standard response by exploring several senses of independence that expressivism might enjoy from normative ethics. I develop a (...) taxonomy on which, at least by the expressivist's own lights, normative ethics is not dependent on non‐cognitivism about moral judgment in a way that might render that claim itself normative ethical. The argument will require us to formulate a theory of moral subject matter according to the expressivist, a matter of independent interest. Although this discussion will essentially vindicate the standard response to the perennial objection, it will also highlight a major limitation thereof. This is that even for the expressivist, the taxonomic independence of non‐cognitivism about moral judgment from normative ethics does not guarantee its moral independence from normative ethics; that is, showing that non‐cognitivism about moral judgment is not a moral claim is not itself to show that it is not a morally relevant claim. I conclude by arguing that the question of moral dependence, usually discussed under the heading of objectivity, is ultimately first‐order moral rather than taxonomic, and so can only be resolved on first‐order moral grounds. (shrink)

Das Thema des Beitrages bildet der „neue“ Non-Naturalismus, welcher exemplarisch am metaethischen Ansatz von Derek Parfit untersucht wird. Parfits Ansatz zeichnet sich durch das Ziel aus, eine neue Theorienoption zu ermöglichen, die einerseits von der Existenz normativer Tatsachen ausgeht, ohne jedoch andererseits auf die ontologischen Verpflichtungen der klassischen Vertreter des Non-Naturalismus festgelegt zu sein. Hierfür wird der Begriff der „nicht-ontologischen Existenz“ eingeführt und von robusten ontologischen Existenzweisen unterschieden. In diesem Beitrag wird dafür argumentiert, dass Parfit bisher nur Explikationen dieses zentralen (...) Begriffs geliefert hat, die a.) uninformativ sind, b.) mit dem Ziel der Ausgangstheorie in Konkurrenz geraten oder c.) den eigenen Absatz bereits unter der Hand aufgeben. Darüber hinaus werden die dialektischen Möglichkeiten durchgespielt, die Parfit bleiben, um auf diese Diagnose zu reagieren. In der Konsequenz wird aber auch diesbezüglich aufgezeigt, dass mit Blick auf deren Erfolgsaussichten eine gewisse Skepsis angebracht ist. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

This chapter outlines a new disentangling strategy for moral epistemology. It builds on the fundamental distinction between value-neutrality and value-independence as two separate aspects of methodological austerity introduced by Matthew Kramer. This type of conceptual analysis is then applied to two major challenges in moral epistemology: globalised scepticism and debate fragmentation. Both challenges arise from collapsing the fact/value dichotomy. They can be addressed by comprehensive disentangling that runs along both dimensions – value neutrality vs. value non-neutrality and value independence vs. (...) value dependence. The success of this strategy rests on two factors. The first is broadening the scope of disentangling to include theoretical-explanatory values on a par with distinctly ethical values. The second is differentiating between wider and narrower conceptualisations of what value neutrality requires with respect to contested matters. The objective is to pre-empt unjust theorising, a distinctive form of epistemic injustice that derives from the exclusive methodological focus on ethical evaluations at the expense of epistemic ones. When these methodological conditions are fulfilled, opponents should gain the confidence to treat each other as fellow inquirers engaged in the same project, that of reducing the scope of unhelpful disagreements. (shrink)

This contribution considers whether or not it is possible to devise a coherent form of external skepticism about the normative if we ‘relax’ about normative ontology by regarding claims about the existence of normative truths and properties themselves as normative. I answer this question in the positive: A coherent form of non-normative error-theories can be developed even against a relaxed background. However, this form no longer makes any reference to the alleged falsity of normative judgments, nor the non-existence of normative (...) properties. Instead, it concerns a specifically inferentialist construal of error-theories which suggests that error-theorists should abstain from any claims about normative ontology to focus exclusively on claims about the inferential role of normative vocabulary. As I will show, this suggestion affords a number of important advantages. However, it also comes at a cost, in that it might not only change the letter, but also the spirit of traditional error-theories. (shrink)

O Judiciário moderno constitui um sistema hierarquizado e centralizado, em que cortes superiores, com um número pequeno de membros, têm a função de “dar a última palavra” para resolver desacordos doutrinários entre instâncias inferiores – e inclusive rever decisões das demais autoridades. Essa estrutura hierárquica implica uma fonte peculiar de instabilidade: o tribunal superior se torna como que um “ponto único de falha” suscetível à captura, à pressão indevida, à sobrecarga, e até a súbitas mudanças doutrinárias – pondo em risco (...) seu alegado papel de estabilizador do regime democrático. Isso é salientado quando tais cortes sofrem pressão, ou quando há reviravoltas decorrentes de uma maioria frágil no tribunal – a exemplo do debate sobre a prisão em segunda instância no Brasil. Analiso como o desenvolvimento tecnologias de informação e comunicação (TICs) poderia mitigar este problema por meio de um sistema que agregue decisões judiciais de instâncias inferiores a fim de resolver conflitos de jurisprudência numa determinada jurisdição; isso equivaleria a um sistema de votação que substituiria a atuação da corte de última instância na unificação de jurisprudência – como se a última instância fosse, na realidade, composta pelo judiciário como um todo. Isso alteraria a estrutura de decisão hierarquizada do judiciário, no que diz respeito a divergências entre magistrados, aumentando a descentralização do sistema – associada ao ideal da tradição de common law. Embora original, a proposta é modesta, e poderia ser atingida por meio de mudanças incrementais, sem ruptura institucional, a partir de práticas e tecnologias já existentes – e uso como exemplo ferramentas de legal analytics e o sistema de “repercussão geral de recursos extraordinários” do Brasil, no qual se utiliza processamento de linguagem natural para filtrar e classificar processos de acordo com o tema. Ao final, discutem-se possíveis vantagens e desvantagens dessa proposta, como características epistêmicas da descentralização e o risco de “rigidez” na evolução da doutrina jurídica – em especial no que se refere aos longos mandatos de membros de tribunais superiores. Concluímos que a descentralização da unificação da jurisprudência pode contribuir para mitigar o risco de, com o desenvolvimento da tecnologia, maior concentração de poder. (shrink)

In this paper, I develop a metasemantics for relaxed moral realism. More precisely, I argue that relaxed realists should be inferentialists about meaning and explain that the role of evaluative moral vocabulary is to organise and structure language exit transitions, much as the role of theoretical vocabulary is to organise and structure language entry transitions.

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

We members of settler colonial culture—the latest form of what novelist and cultural critic Daniel Quinn calls Taker culture—are constrained by myriad institutions that leave us with little choice but to engage in practices that are profoundly damaging to the planet, to others, and to ourselves. Our path to living otherwise, Andrew Frederick Smith argues, lies in the threefold struggle, which is inspired by Quinn's focus on the interweaving roots of ecological, social, and personal wellbeing. These three forms of wellbeing (...) are co-implicated. We cannot enjoy one without equally enjoying the others; they are a package deal. As such, what works for people individually and collectively works for the planet, and vice versa. Reclaiming our lives and revitalizing our human and more-than-human communities are salient acts of resistance against Taker culture. They offer means of escape from our cultural captivity and an opportunity for full-spectrum wellbeing. (shrink)

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We (...) examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources. (shrink)

Despite the fact that business people and business students often cast doubt on the relevance of universal moral principles in business, the rejection of relativism is a precondition for business ethics to get off the ground. This paper proposes an educational strategy to overcome the philosophical confusions about relativism in which business people and students are often trapped. First, the paper provides some conceptual distinctions and clarifications related to moral relativism, particularism, and virtue ethics. More particularly, it revisits arguments demonstrating (...) that virtues in business are not in contradiction with the relevance of universal principles, despite the fact that virtue ethics is often identified with particular relationships and contexts. It goes on to show how students and managers, but also researchers, often mix up radically different conceptions of moral relativism. It is also argued that this confusion is in part created by the cross-cultural management literature in which the methodological stance of the value-freedom of the social sciences is, in a perplexingly mistaken way, transformed into a rejection of all normative discussion and a plea for relativism. The remainder of the paper presents some tools that may be helpful in steering people toward less simplistic views about moral relativism and virtue ethics. It further argues that it is equally important to spell out that moral universalism can be understood in a humble way, without implying either arrogant ethnocentrism or omniscience, as part of an ongoing debate that progresses gradually. (shrink)

Hart argues persuasively that majority disapproval cannot justify the government in prohibiting a form of sexual conduct, but he does not address the possibility that the intrinsic badness of a sex act might justify the government in prohibiting it. This article explains within a contractualist framework why the intrinsic badness of a sex act cannot justify the restriction of any important sexual freedom.

ABSTRACTThe main question addressed in this paper is whether conflict is constitutive of the nature of value commitment, and hence necessarily implied by value pluralism. If this is the case, no resolution of value disagreements, whether on the global level or within modern multicultural societies, is possible via practical reasons, and the only solutions to inner or outer conflicts will be “political”, in the sense of a Realpolitik. Positive and negative answers to the main question are shown to express two (...) intellectual and moral attitudes opposing each other as Gorgias and Socrates, or Rhetoric and Philosophy did in the Ancient World. In post-Nietzschean Modernity, however, most philosophers seem to take sides with Gorgias, against Socrates, as is shown on the basis of Ronald Dworkin’s solitary campaign against the many faces of value scepticism. Drawing on phenomenological axiology, this paper takes sides with Socrates by reconciling value pluralism and universalism. (shrink)

In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity will be discussed. The first absolute/necessary and (...) formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...) the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice. (shrink)

Hymenoplasty is a surgical procedure requested by women who are expected to remain virgins until marriage. In this article, I assess the ethical and legal challenges raised by this request, both for the individual physician and for the health care system. I argue that performing hymenoplasty is not always an unethical practice and that, under certain conditions, it should be provided by the health care system.

Deference to experts is normal in many areas of inquiry, but suspicious in morality. This is puzzling if one thinks that morality is relevantly like those other areas of inquiry. We argue that this suspiciousness can be explained in terms of the suspiciousness of deferring to an epistemic peer. We then argue that this explanation is preferable to others in the literature, and explore some metaethical implications of this result.

Our project in this essay is to showcase nonnaturalistic moral realism’s resources for responding to metaphysical and epistemological objections by taking the view in some new directions. The central thesis we will argue for is that there is a battery of substantive moral propositions that are also nonnaturalistic conceptual truths. We call these propositions the moral fixed points. We will argue that they must find a place in any system of moral norms that applies to beings like us, in worlds (...) similar to our own. By committing themselves to true propositions of these sorts, nonnaturalists can fashion a view that is highly attractive in its own right, and resistant to the most prominent objections that have been pressed against it. (shrink)

We sometimes have reasons to perform actions due to what they would communicate. Those who have discussed such reasons have understood what an action ‘communicates’ as what it conventionally expresses. Brennan and Jaworski argue that when a convention ensures that expressing the appropriate thing would be costly, we should change or flout the convention. I argue that what really matters is often what attitudes we indicate rather than conventionally express, using social science to show that indicating our attitudes is often (...) unavoidably costly, and sometimes worth the cost. I use this account to defend communicative arguments for egalitarian distributive policies. (shrink)

The aim of the paper is that of investigating the concept of “person” in the context of Italian law on informed consent and advance healthcare directives. The following paper will first consider the importance of the concept of “person” within bioethics; secondly it will exhibit how there are different levels of bioethics, and that on the discussion level of laws and regulations, concepts worthy of metaphysical and value references cannot be used, because they must be shared by everyone in a (...) pluralistic society. I’ll then move on to discuss the law on informed consent and advance healthcare directives; first I’ll discuss the references to the Italian Constitution, showing that the implied concept of “person” is closely linked to the concepts of “equality” and “autonomy”, and finally I’ll discuss the particular case of minors and the protection that the law provides them. (shrink)

Some subjectivist views of practical reasons entail that some people, in some cases, lack sufficient reasons to act as morality requires of them. This is often thought to form the basis of an objection to these subjectivist views: ‘the amoralism objection’. This objection has been developed at length by Julia Markovits in her recent book Moral Reason. But Markovits—alongside many other proponents of this objection—does not explicitly consider that her objection is premised on a claim that her opponents deny on (...) first-order grounds, often as part of a socially and politically motivated revisionism about the assessment of agents and their actions. As such, the amoralism objection as she presents it misses its dialectical mark. This has interesting consequences for subjectivism—and the methodology behind it—more generally. (shrink)

It is often thought that the correct metaphysics and epistemology of reasons will be broadly unified across different kinds of reason: reasons for belief, and reasons for action. This approach is sometimes thought to be undermined by the contrasting natures of belief and of action: whereas belief appears to have the ‘constitutive aim’ of truth (or knowledge), action does not appear to have any such constitutive aim. I develop this disanalogy into a novel challenge to metanormative approaches by thinking about (...) disagreement. The constitutive aim of belief can play a role in adjudicating epistemic disagreements for which there is no analogue in practical disagreements. Consequently, we have more reason, all else being equal, to expect convergence in epistemic judgment than in practical judgment. This represents a prima facie challenge to the metanormative theorist because the extent of (suitably specified) disagreement in an area of thought is of prima facie significance for the metaphysics of that area of thought. (shrink)

According to some contemporary nonnaturalists about normativity (e.g., Parfit, Scanlon, Dworkin), normative facts exist in an ontologically non-committing sense. These nonnaturalists face an explanatory burden. They must explain their claim that normative facts exist in such a sense. I identify criteria for an adequate explanation, and extract five distinct candidate explanations from the writings of these authors (based on causal efficacy, analogy with modality, fundamentality, domain-relativity and first-order considerations respectively). I assess each. None is both (a) informative and (b) recognizable (...) as a version of contemporary nonnaturalism. In light of this, I assess the best options for proponents of this view. (shrink)

Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...) This article argues that such a role is important. Building on Gustav Radbruch's juristic thought, it asks how that role could be elaborated and how a professional responsibility for discharging it might be envisaged. Many professionals concerned with law adopt such a role incidentally or intermittently, but it needs more prominence and clear demarcation. The article suggests that it might be seen as the specialised role of the jurist, treated as a particular kind of legal professional. The term “jurist” would then have not just an honorific connotation. It would indicate a Weberian “pure” type that may approximate some current understandings of “juristic” practice; but it would also identify a normative ideal—something intrinsically valuable. Seen in this way, the jurist is one who assumes a certain unique responsibility for law. (shrink)

What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and risks, (...) and ask what insurance contracts they would take out to secure different types of benefit and protection in the domain in question. The great benefit of the hypothetical insurance approach is that it allows us to take apparently intractable questions about interpersonal distribution and transform them into questions about intrapersonal distributions: that is, questions about how an individual would choose to distribute risks and resources across the various lives that they might end up living, in light of their individual ambitions and preferences. Applying this approach to higher education, we argue that the UK model of higher education funding in which the costs of an individual's higher education are shared between general taxation and the individual herself, with the latter element to be paid retrospectively through an income-contingent state-backed loan, is vindicated as just. In particular, we argue that it is more just than alternatives such as a graduate tax, full funding through general taxation, and full privatisation. (shrink)

This article utilizes Aristotelian and Kantian philosophies to probe the social responsibilities of internet intermediaries that in one way or another assist and promote suicide. Striking a balance...

This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

Evolutionary debunking arguments purport to undercut the justification of our moral judgments by showing why a tendency to make moral judgments would evolve regardless of the truth of those judgments. Machery and Mallon (2010. Evolution of morality. In J.M. Doris and The Moral Psychology Research Group (Eds.), The Moral Psychology Handbook (pp. 3-46). Oxford: Oxford University Press) have recently tried to disarm these arguments by showing that moral cognition – in the sense that is relevant to debunking – is not (...) the product of natural selection. Specifically, they present a barrage of increasingly influential challenges against reciprocity-based approaches to moral nativism. In the present paper I defend the nativist account of moral cognition against these criticisms, thereby bolstering the skeptical conclusions of evolutionary debunking arguments. However, Machery and Mallon's critique does successfully highlight several vulnerabilities in Richard Joyce's approach to debunking, suggesting several ways in which it can be revised toward generating a more robust version of the argument. (shrink)

There has lately been substantial interest in scrutinizing our evaluative attitudes in light of our evolutionary history. However, these discussions have been hampered by an insufficiently expansive vantage. Our history did not begin ex nihilo a few million years ago with the appearance of hominins, or apes, or primates—those are very recent chapters of a much larger story that spans billions of years. This paper situates the mechanisms underlying normative thought within this broader context. I argue that this historical perspective (...) creates difficulties for metaethical nonnaturalists. The expanded scope enables the story to be anchored in negative claims about value, making room for novel epistemological and metaphysical challenges that are more threatening than extant evolutionary debunking arguments. (shrink)

David Enoch has recently proposed that the deliberative indispensability of irreducibly normative facts suffices to support their inclusion in our ontology, even if they are not necessary for the explanation of any observable phenomena. He challenges dissenters to point to a relevant asymmetry between explanation and deliberation that shows why explanatory indispensability, but not deliberative indispensability, is a legitimate guide to ontology. In this paper, I aim to do just that. Given that an entity figures in the actual explanation of (...) some phenomenon, it is not an open question whether that entity exists. Thus, if you can manage to find actual explanations, you can find answers to ontological questions. In contrast, even if some entity is indispensable to deliberation, it still might not exist. For example, even if some form of libertarian free will is deliberatively indispensable, we still might not have libertarian free will. So even if you manage to discover the indispensable commitments of deliberation, there is still more work to do to get to the bottom of things. That additional work is explanatory work, and so deliberative indispensability is not an independent guide to what there is. (shrink)

Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political (...) liberalism—that refuse to take a stance on controversial religious matters, or eschew appeal to perfectionist doctrines, are beset by a particularly acute version of this problem of religious disobedience. Whilst political liberalism follows this path so as to generate wide and stable support, it raises the question of how political liberals should respond to religiously motivated non-compliance with the norms of that liberal conception of justice. This article evaluates what resources are available to political liberalism to respond to this challenge. It examines whether anti-perfectionism can be sustained in the face of those whose religious beliefs are in conflict with the law. We argue that, under certain circumstances, political liberalism requires direct engagement with the religious views of the unreasonable, including offering religious arguments to show that their particular interpretation of their faith is mistaken. This view takes political liberalism away from its usual ambitions, but it is a position that is both anticipated by Rawls and consistent with his view. It does, however, require that political liberals give up the claim that the view is a wholly non-sectarian, purely political view, and accept that, under certain circumstances it is a partially comprehensive version of liberal theory. (shrink)

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by (...) rebutting some objections Dworkin raises against Rawls’s account of public reason. (shrink)

In this paper we take issue with two central claims that John Tomasi makes in Free Market Fairness. The first claim is that Rawls’s difference principle can better be realized by free market institutions than it can be by state interventionist regimes such as property-owning democracy or liberal socialism. We argue that Tomasi’s narrow interpretation of the difference principle, which focuses largely on wealth and income, leaves other goods worryingly unsatisfied. The second claim is that a wide set of economic (...) liberties ought to be protected because they realize responsible ‘self-authorship.’ We argue that this claim also fails because, crucially, whether economic liberties serve individuals in pursuing their ambitions will depend on the nature of those ambitions and how the use of those liberties by others would affect their pursuit of them. If an expansion of liberty is good for us in some ways, but bad in others, we need to assess whether, all things considered, we would be better off with or without such expanded economic rights. We argue that the expansion Tomasi proposes is likely to fail this test. (shrink)

We have no reason to believe that reasons do not exist. Contra Bart Streumer’s recent proposal, this has nothing to do with our incapacity to believe this error theory. Rather, it is because if we know that if a proposition is true, we have no reason to believe it, then we have no reason to believe this proposition. From a different angle: if we know that we have at best misleading reasons to believe a proposition, then we have no reason (...) to believe it. This has two consequences. Firstly, coming close to believing the error theory is idle or pointless. Secondly, philosophers who argue that believing sweeping theories like determinism or physicalism is self-defeating because they are either false or believed for no reason pursue a worthwhile argumentative strategy. (shrink)

Free will sceptics deny the existence of free will, that is the command or control necessary for moral responsibility. Epicureans allege that this denial is somehow self-defeating. To interpret the Epicurean allegation charitably, we must first realise that it is propositional attitudes like beliefs and not propositions themselves which can be self-defeating. So, believing in free will scepticism might be self- defeating. The charge becomes more plausible because, as Epicurus insightfully recognised,there is a strong connection between conduct and belief—and so (...) between thecontent of free will scepticism (since it is about conduct) and the attitude of believing it. Second, we must realise that an attitude can be self- defeating relative to certain grounds. This means that it might be self-defeating to be a free will sceptic on certain grounds, such as the putative fact that we lack leeway or sourcehood. This charge is much more interesting because of the epistemic importance of leeway and sourcehood. Ultimately, the Epicurean charge of self-defeat fails. Yet, it delivers important lessons to the sceptic. The most important of them is that free will sceptics should either accept the existence of leeway or reject the principle that ‘“ought” implies “can”’. (shrink)

Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We can (...) define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

The causal theory of reference (CTR) provides a well-articulated and widely-accepted account of the reference relation. On CTR the reference of a term is fixed by whatever property causally regulates the competent use of that term. CTR poses a metaethical challenge to realists by demanding an account of the properties that regulate the competent use of normative predicates. CTR might pose a challenge to ethical theorists as well. Long argues that CTR entails the falsity of any normative ethical theory. First-order (...) theory attempts to specify what purely descriptive property is a fundamental right-making property (FRM). Long contends that the notion that the FRM causally regulates competent use of the predicate ‘right’ leads to a reductio. The failure of this argument is nevertheless instructive concerning a point at which ethics and metaethics overlap. (shrink)

This paper examines how the intercultural conception of human rights, fueled by the modes of reciprocal recognition associated with Hegel’s social philosophy, draws on traditional understandings of human dignity while avoiding the essentialism associated with those understandings. Part 1 summarizes core elements of an intercultural theory of human rights while addressing the general question of how that theory accommodates an understanding of the relationship of human dignity and human rights. Part 2 presents the intercultural approach as committed to a view (...) of human dignity focused on the intrinsic worth of individuals, but understood, not—with Kant—as an anthropologically inherent property, but as one forged in relations of intersubjective recognition. Part 3, critically engaging arguments of C Beitz and J Habermas, claims that an intercultural approach entails a status-based conception of human dignity, one that construes the latter, not as a metaphysically conceived inherent quality, but as a function of membership in a social order supportive of both liberal right claims and a republican commitment to rights systems generally. Drawing on the work of Hegel and critically engaging the position of A Sangiovanni, Part 4 construes human dignity in terms of a doctrine of human rights expressive of a common humanity, one understood, however, not as an essential attribute of human beings, but in terms of a globally realized legal-political order whose members are dispositionally committed to the worth of all members of the human community and the value of human community itself. Critically appropriating the work of H Arendt for the intercultural theory, Part 5 considers the centrality of actual politics to a dignitarian account of human rights. Part 6 construes human dignity, again with Kant, in terms of the principle of autonomy, but one understood, not abstractly, but—engaging Pico della Mirandola—as the fallibilistically conceived process of social learning on the part the members of the human community. Part 7 considers how the intercultural view, with the idea of social practice expressive of collective human agency, accommodates a concept of human dignity understood as the “foundation”—nuanced and variegated—of human rights. Part 8 details the specific normativity of an intercultural conception, asserting that despite and even because of its attention to the empirical realities of social, historical, and political life, that conception remains committed, as with essentialist views, to context-transcending norms capable of calling into question actual practices and policies. Here, recourse is had to a concept of recognition understood both as a principle of evaluation and as a social practice encompassing the activity of individuals and groups engaged in the discourse on human rights. (shrink)

This paper argues that it is problematic for the future of Deleuze studies that it is difficult if not impossible to answer the question ‘what is the right thing to do?’ from a Deleuzian perspective. It then argues that one of the key reasons Deleuze studies has made limited progress in this area is its over-emphasis on desire and the corresponding tendency to extrapolate ‘ought’ from ‘is’, which as Hume showed is a category mistake. It proposes that to develop a (...) workable ethical discourse from Deleuze's work we need to rethink how we read his work and approach it afresh. (shrink)

Among the tasks of modern political philosophy is to develop a favored conception of the relations among modern citizens, among people who can know little or nothing of one another individually and yet are deeply reciprocally dependent. One might think of this as developing a favored conception of civic friendship. In this essay I sketch two candidate conceptions. The first derives from the Kantian tradition, the second from the 1844 Marx. I present the two conceptions and then describe similarities and (...) differences. My approach is both taxonomic and programmatic. My taxonomic goal is to provide an initial sketch of the conceptual territory. My programmatic goal is to provide reasons to think that the conception derived from Marx is both appealing and feasible. (shrink)

Fairness in sport is not just about assigning the top prizes to the worthiest competitors. It is also about the way the prize structure itself is organised. For many sporting competitions, although it may be acceptable for winners to receive more than losers, it can seem unfair for winners to take everything and for losers to get nothing. Yet this insight leaves unanswered some difficult questions about what stakes fairness requires and which principles of stakes fairness are appropriate for particular (...) competitions. In this article I specify a range of different principles of stakes fairness that could regulate sporting competitions. I also put forward a theoretical method for pairing up appropriate principles of stakes fairness with given sporting competitions. Specifically, I argue that the underlying rationales for holding sporting competitions can provide useful guides for identifying appropriate principles of stakes fairness. I then seek to clarify and work through some of the implications of this method for a sample of real world controversies over sporting prize structures. I also attempt to refine the method in response to two possible objections from indeterminacy and relativism. Finally, I compare and contrast my conclusions with more general philosophical debates about justice. (shrink)

This article develops the argument that the state must provide parental subsidies if, and to the extent that, individuals would, under certain specified hypothetical conditions, purchase ‘insurance cover’ that would provide the funds they need for adequate childrearing. I argue that most citizens would sign up to an insurance scheme, in which they receive a guarantee of a means-tested parental subsidy in return for an obligation to pay a progressive income tax to fund the scheme. This argument from insurance bolsters (...) the weaker case that proponents of parental subsidies might offer were they to rely exclusively on arguments from fair play and efficiency. (shrink)