This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

Non-Consequentialist moral theories posit the existence of moral constraints: prohibitions on performing particular kinds of wrongful acts, regardless of the good those acts could produce. Many believe that such theories cannot give satisfactory verdicts about what we morally ought to do when there is some probability that we will violate a moral constraint. In this article, I defend Non-Consequentialist theories from this critique. Using a general choice-theoretic framework, I identify various types of Non-Consequentialism that have otherwise been conflated in the (...) debate. I then prove a number of formal possibility and impossibility results establishing which types of Non-Consequentialism can -- and which cannot -- give us adequate guidance through through a risky world. (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)

Researchers in applied ethics, and some areas of bioethics particularly, aim to develop concrete and appropriate recommendations for action in morally relevant real-world situations. When proceeding from more abstract levels of ethical reasoning to such concrete recommendations, however, even with regard to the very same normative principle or norm, it seems possible to develop divergent or even contradictory recommendations for action regarding a certain situation. This may give the impression that such recommendations would be arbitrary and, hence, not well justified. (...) Against this background, we, first, aim at showing that ethical recommendations for action, although being contingent in some sense, are not arbitrary if developed appropriately. For this purpose, we examine two types of contingencies arising in applied ethics reasoning based on recent examples of recommendations for action in the context of the COVID-19 pandemic. In doing so, we refer to a three-step model of ethical reasoning towards recommendations for actions. This, however, leaves open the question of how applied ethics may cope with contingent recommendations for action. Therefore, in a second step, we analyze the role of bridge principles for developing ethically appropriate recommendations for action, i.e., principles which connect normative claims with relevant empirical information to justify certain recommendations for action in a given morally relevant situation. Finally, we discuss some implications for reasoning and reporting in empirically informed ethics. (shrink)

A basic income is typically defined as an individual’s entitlement to receive a regular payment as a right, independent of other sources of income, employment or willingness to work, or living situation. In this article, we examine what it means for the state to institute a right to basic income. The normative literature on basic income has developed numerous arguments in support of basic income as an inextricable component of a just social order, but there exists little analysis about basic (...) income within a jurisprudential or philosophical rights perspective. In our view, strong reasons of either a principled or a pragmatic nature in support of instituting a basic income scheme nevertheless often fall short of ascribing to basic income a distinctive Hohfeldian rights status. This article aims to partially redress this gap by examining two sets of questions. First, what are the implications – ethical and practical – of adopting basic income as a legal right as opposed to a mere policy? Second, we also enquire whether there should be such a right: what, if anything, is the ethical foundation that warrants granting basic income a distinctive legal rights status? This article suggests that any such foundation must be grounded in comparative evaluation and discusses several comparative strategies available to basic income advocates. The aim of this article is not to offer a definite argument in favor of a legal right to basic income, but to chart several lines of argument that a rights perspective might add to the contemporary discussion. (shrink)

This essay considers some central arguments given by Helen Frowe and Seth Lazar regarding the permissibility of killing civilians in war. It raises some objections to their views and defends some alternative bases for weighing harms to combatants against harms to civilians.

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 the traditional understanding, human dignity is often portrayed as a «final», «inherent», and «absolute» value. If human dignity as the core of the status of a human being did indeed have thos characteristics, this would yield a severe limitation for obligations that stem from the moral status of non-human animals, plants, eco systems and other entities discussed in environmental ethics; for obligations that arise from human dignity standardly take priority over the duties toward entities with non-human moral status. Yet, (...) many theorists of human dignity nowadays have given up the traditional picture in favour of a more «contingent» understanding of human dignity that abandons one or more of its traditional characteristics.In this paper, I argue that to the contrary, we have good reasons to think that the three characteristics of human dignity just mentioned can indeed be attributed to a value that deserves the name «human dignity». In a first part, I argue for a specific understanding of the three value characteristics under consideration. After these preliminaries, I show in a second part that given such an understanding, we have ample evidence that we can indeed say that human dignity is an inherent, absolute and final value; and also that these three characteristics are properties of a single value. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

A rash of very public scandals, of which the behavior of President Clinton and the activities of the late Princess Diana are merely the most famous examples, has raised the question of the appropriateness of the disclosure, or the newsworthiness, of the so-called “private” lives of so-called “public” figures or “public” officials. That is the question I address in this essay.

Are mandatory lockdown measures, which place restrictions on one’s freedom to move and assemble, justifiable? Offhand, such measures appear to compromise important rights to secure goals of public health. Proponents of such measures think the trade-off is worth it; opponents think it isn’t. However, one might think that casting the debate in these terms concedes too much to the opponents. Mandatory lockdown measures don’t infringe important rights because no one has a right to impose a risk of grievous harm on (...) others—and, in the context of a pandemic, participating in the prohibited activities (e.g., going out to the bar) does just that. -/- This chapter explores whether this defense of mandatory lockdown measures holds up. It, first, considers whether we have a right against risk imposition—and, if so, how such a right is best understood. It then considers the objection that, even if there is such a right, people who voluntarily choose to engage in the prohibited activities—at least if fully appraised of the risks involved—effectively waive it. The chapter argues that this objection fails. (shrink)

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

In recent years, several philosophers have argued that statues which are morally tainted ought to be removed from public display. One objection to this claim is the free speech objection: removing the statues constitutes a violation of free speech rights. This objection suffers from two flaws. First, it is rarely articulated to its fullest potential. Second, the free speech objection is largely dismissed by philosophers who support the statues' removal. In this article, I will aim to rectify this situation by (...) providing three different formulations of the free speech objection, based, respectively, on First Amendment jurisprudence, on Mill's consequentialist defense of free speech, and on Susan Dwyer's non‐consequentialist defense of the same. After formulating the three versions of the objection, I will consider them against the alleged duty to remove tainted statues, and argue that even under the strongest formulation of the free speech objection, it does not amount to a defeater to the duty. (shrink)

The debate on “safer by design” has primarily been focused on strategies to render products safer during the design process. This article focuses on correlated basic legal rights of citizens. The reference to “trump rights” is helpful in highlighting two normative claims: Firstly, products that are “safer by design” are suitable instruments to protect the bodily integrity and health of potential users. Both figure as trump rights in Ronald Dworkin’s sense. In this perspective, “safer by design” strategies can guarantee some (...) most basic rights of citizens. Secondly, the debate on trump rights also suggests that safety needs to be regarded as part of a more comprehensive normative framework. Even trump rights are competitive in that a plurality of rights needs to be respected. A final section gives evidence that both claims resonate with recent insights in debate on the precautionary principle. This section also highlights the recent emphasis on environmental concerns. (shrink)

The main question dividing classical and high liberals is about how economic rights rank compared to other rights and public goals. That is, the question is about what can or cannot outweigh such rights. High liberals argue that economic rights can be outweighed by any legitimate state interest, such that they are prima facie rights. Neoclassical liberals, conversely, have recently sought to elevate economic rights to basic rights, which could then only be outweighed by other basic rights. This paper shows (...) where the real debate should be for classical liberals, challenging Samuel Freeman’s widely held distinction between classical and high liberalism. Economic rights are prima facie for all liberals in that they can be outweighed by, say, considerations of utility or social justice. Although neoclassical liberals are correct to say that such rights are much more important than high liberals normally recognize, it does not follow that economic rights are basic. (shrink)

The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a (...) global health law framework. (shrink)

This paper argues that recent advancements in value theory can inform discussions on the interrelation of human rights. More precisely it is argued that the importance of human rights, i.e., the ranking of their priority, cannot be fully accounted for by “more important” and “equally as important”. The concept of “on a par importance” is introduced and it is argued that this concept captures implicitly held intuitions in the debate. Furthermore, with this new conceptual insight, it is possible to justify (...) certain assumptions that previously lacked a justificatory ground. (shrink)

There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

ABSTRACT There is a growing acceptance of user rights models with regard to dependent populations such as nursing home residents, but classic theories of rights presuppose levels of human rationality and human agency often lacking in the case of highly dependent populations. While user rights models have strong advantages at a rhetorical level, the reduced capacity for dependent groups to assert their rights constitutes a significant structural limitation. Policies, practices and regulatory strategies developed on the assumption that very dependent groups (...) can indeed assert such rights thus proceed on a premise which is fatally flawed. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

In this article I argue that doing the lesser evil in politics is always permitted and even required. I call this view “pragmatism”. I defend it against “purism”, which claims that it is never permissible to do (the lesser) evil. I reject three arguments for purism, which are based on Alan Gewirth’s principle of intervening action, on an alleged epistemic difference between doing and allowing evil, and on rule-consequentialism. I also address Terrance McConnell’s and Thomas Hill Jr.’s attempts to constrain (...) pragmatism by claiming that doing the lesser evil is not always permitted or required. Although those constraints may apply to most spheres of action, I contend that they do not apply to political action. Keywords: lesser evil, politics, purism, pragmatism. (shrink)

ABSTRACT This paper is concerned with the view that, in so far as they involve the deliberate targeting of innocent people, neither terrorism nor area bombing is ever morally permissible. Four attempts to justify this view are considered, all of which are based on the intuition that deliberately killing innocent people is wrong. By means of a detailed examination of the introduction of area bombing by Britain in 1940–41, it is argued that in certain circumstances there are other equally powerful (...) and accessible intuitions which support the opposite view. It is further argued that only moral theories which provide for the weighing of competing moral intuitions are capable of avoiding this kind of impasse and the biased selection of intuitions that this form of absolutism involves. (shrink)

This thesis addresses the tension in pragmatic cluster-randomized trials between their social value and the requirement to respect the autonomy of research participants. Pragmatic trials are designed to evaluate the effectiveness of treatments in real-world settings to inform clinical decision-making and promote cost-efficient care. These trials are often embedded into clinical settings and ideally include all patients who would receive the treatments under investigation as a part of routine care. Trialists increasingly adopt cluster-randomized designs—in which intact groups, such as hospitals (...) or clinics, are allocated randomly to study interventions—to simplify the inclusion of all patients. But including all-comers conflicts with the requirement to obtain written informed consent from research participants. Since informed consent is central to respecting patient autonomy, the question arises: how can the ends of autonomy and pragmatism be served simultaneously? Some philosophers argue that patients have an obligation to participate in clinical research and that this may negate consent requirements. I argue that while there may be grounds for a prima facie obligation for patients to participate in clinical research, no compelling argument has demonstrated that the obligation is enforceable. Others assert that broad application of a waiver of consent will facilitate the conduct of pragmatic cluster-randomized trials. I demonstrate that this proposal sharply conflicts with the historical origins of the waiver. I articulate a novel moral foundation for the use of a waiver of consent and show that when trials evaluate treatments delivered directly to patients, the autonomy interests at stake for participants are too substantial to permit its use. My solution draws a distinction between consent requirements in existing policy and consent as an autonomous authorization. As many pragmatic cluster-randomized trials are conducted in primary care settings with no research staff, I argue that patient autonomy can be promoted and protected using clinical-style consent, in which health providers seek verbal informed consent from patients and document it in the electronic health record. This approach has been associated with high rates of recruitment and, thus, may satisfy both requirements for social value and respect for autonomy. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

During the past few decades, Michael Moore has written incisively on an array of matters concerning the relationships between law and morality. While reflecting on those relationships, he has plumbed the nature of morality itself in impressive depth. Among the topics which he has addressed, the problem of torture has been prominent and controversial. It is a problem, moreover, that has led to some of his most searching enquiries into the character of moral obligations. In the present essay I take (...) issue not only with many of Moore's conclusions about torture, but also with some of his more far‐reaching claims about the domain of morality. (shrink)

Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...) overlooked: (1) the fact that absolutist theories -- and moral theories, more generally -- underdetermine their formal decision-theoretic representations; (2) that decision theories themselves can be generalised to better accommodate distinctively absolutist commitments. Overall, this dissertation demonstrates that we can navigate a risky world without compromising our moral commitments. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

There is a particular moral theory in which human rights are conceived as indestructible rights. Using Dworkin’s words we could say this is a good way of taking rights seriously. However, we may also ask whether there is another way of taking rights as seriously as Dworkin says without being a supporter of that theory. From this point of view, perhaps human rights cannot be considered neither as absolute ; nor universally valid ; and not even inalienable. Can this proposal (...) be seen as another way of taking rights seriously? (shrink)

This paper examines the absolutist grounds for denying an agent's responsibility for what he allows to happen in 'keeping his hands clean' in acute circumstances. In defending an agent's non-prevention of what is, viewed impersonally, the greater harm in such cases, absolutists typically insist on a difference in responsibility between what an agent brings about as opposed to what he allows. This alleged difference is taken to be central to the absolutist justification of non-intervention in acute cases: the agent's obligation (...) not to do harm is held to be more stringent than his obligation to prevent (comparable) harm, since as agents we are principally responsible for what we ourselves do. The paper's central point is that this representation of the absolutist response to acute cases- as grounded in a difference in responsibility for what we do as opposed to what we allow- involves a misleading theoretical inversion. I argue that the absolutist justification of non-intervention in acute cases must depend on a direct defence of the nature and the stringency of the moral norm with which the agent's non-intervention complies. The nature and stringency of this norm are basic to attribution of agent responsibility in acute cases, and not the other way around. (shrink)

Political leaders, philosophers, sociologists, historians, political scientists, law scholars and economists approach terrorism in diverse ways, especially its definition. Politicians assign the meaning to the term terrorism that best suits them. Political scientists analyze the actions of those in the geopolitical framework. Moral philosophers look at terrorism from the viewpoint of fairness. Historians make a comparative assessment of the phenomenon through its evolution over time, and scholars of law simply dissect counterterrorism measures and assess their consistency with customs and current (...) legislation. Sociologists stress the importance of culture, social relationships and social interactions. Eventually, politicians and lawmakers are not immune to the influence of the common ethics and morals of their own societies and the uses and habits of their own cultures, including religious aspects. Morals and ethics relate to “right” and “wrong” conduct; the first provides guiding principles, and the latter refers to rules provided by an external source, e.g., codes of conduct in workplaces or principles in religions. While morals are concerned with principles of right and wrong, ethics are related to right and wrong conduct of an individual in a particular situation. Ethics, morals and religion are intertwined in the antithetical principles “good and evil.” This work aims to scrutinize the crucial concept of just and unjust war, and just and unjust combatants, and to elaborate on some critical moral and ethical elements within the modern understanding of the interplay between terrorism, counterterrorism, fundamental human rights, and international humanitarian law. Through the examination of all pertinent theoretical positions the paper seeks to shed light on the limits of the use of force and the justification of the violation of fundamental rights in the War on Terror. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

This article motions to a real contradiction between online security and civil rights. It traverses semantic and conceptual elaborations of both security and human rights, narrowing their range to national security and human rather than civil rights, and suggests that the concept of security itself, whether online or not, is a rhetorical instrument in the hands of interested parties, mostly states and militaries. This instrument is used to undermine human rights precisely by means of its association and even identification with (...) military and national settings. Asking whether the same ethics applies in the case of online security (vs. human rights), our tentative conclusion is that a similar moral determination rules in the case of online security, which may be exponentially more complex, but no less ethically compelling. (shrink)