In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.

In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.

Christine Korsgaard’sSelf-Constitution: Agency, Identity, and Integrityis an impressive endeavour to synthesize the ethics of Plato and Kant in a comprehensive account of action and agency that locates the key to understanding both in self-constitution. A purportedly comprehensive account of action and agency will fail on its own terms if it cannot adequately account for some morally salient phenomenon. Korsgaard’s account fails to adequately account for the possibility of evil actions and evil people. If self-constitution is key to action and agency, (...) then we must abandon the Platonic and Kantian elements that Korsgaard endorses.L’ouvrage de Christine Korsgaard intituléSelf-Constitution: Agency, Identity, and Integrityreprésente un remarquable travail de synthèse des éthiques platonicienne et kantienne qui, de manière exhaustive, rend compte de l’action et de l’agentivité sous le prisme de la constitution de soi. Toute tentative de saisie parfaite de l’action et de l’agentivité en termes propres ne saurait aboutir sans une prise en compte adéquate d’un quelconque phénomène moral saillant. L’approche de Korsgaard ne prend pas suffisamment en compte la possibilité du mal sous forme d’actions ou d’individus. Si la constitution de soi demeure centrale pour l’action et l’agentivité, alors il faudra mettre à l’écart les éléments platoniciens et kantiens que Korsgaard fait siens. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

In most penal systems, success is punished more than failure. For example, murder is punished more severely than attempted murder. But success or failure is often determined by luck. It thus appears that punishment is allotted on the basis of arbitrary factors. The problem of criminal attempts is the question of how to best resolve this apparent tension. One particularly sophisticated attempt at resolution, first developed by David Lewis, holds that such differential punishment is not unjust when understood as a (...) natural penal lottery. What is most interesting about this view is that it does not appear to involve a commitment to resultant moral luck. I argue that the natural penal lottery fails to deliver justice. Upon analysis, it carries the same implication that it sought to avoid—namely, a commitment to resultant moral luck. I then argue that there can be, in principle, no penal lottery that delivers justice, natural or otherwise. (shrink)

1. In ‘A problem for expressivism’ Frank Jackson and Philip Pettit argue ‘that expressivists do not have a persuasive story to tell about how ethical sentences can express attitudes without reporting them and, in particular, without being true or false’ (1998: 240). Briefly: expressivists say that ethical sentences serve to express non-cognitive attitudes, but that these sentences do not report non-cognitive attitudes. The view that ethical sentences do report non-cognitive attitudes is not Expressivism (and not non-cognitivism), but rather a version (...) of cognitivism. According to (what we’ll call) Subjectivism, a typical ethical sentence like ‘Abortion is wrong’ reports the speaker’s non-cognitive attitude toward abortion; it says, in effect, that abortion is the object of some attitude of the speaker’s. Expressivists, by contrast, say that the sentence expresses a non-cognitive attitude toward abortion, but does not say that the speaker has it. Ayer put it this way: I can say that I am bored by uttering the sentence ‘I am bored’, but I can express boredom, without saying that I am bored, by yawning (Ayer 1952: 109). (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...