Pour contrer le scepticisme au sujet de la connaissance des valeurs, la plupart soutiennent avec John Rawls qu’une croyance comme celle qu’une action est bonne est justifiée dans la mesure où elle appartient à un ensemble de croyances cohérent, ayant atteint un équilibre réfléchi. Christine Tappolet s’inspire des travaux de Max Scheler et d’Alexius von Meinong pour défendre une conception opposée au cohérentisme. La connaissance des valeurs est affirmée dépendre de nos émotions, ces dernières étant conçues comme des perceptions des (...) valeurs. (shrink)

Conflicts between morality and prudence are often thought to pose a special problem because the normativity of moral considerations derives from a distinctively moral point of view, while the normativity of prudential considerations derives from a distinctively prudential point of view, and there is no way to ‘put together’ the two points of view. I argue that talk of points of view is a red herring, and that for any ‘prumoral’ conflict there is some or other more comprehensive value – (...) often nameless – that accounts for the relative normative weight of conflicting moral and prudential considerations. The rational resolution of conflict is possible only in virtue of a more comprehensive value that includes the conflicting moral and prudential considerations as parts. (shrink)

When we make ethical claims, we invoke a kind of objective authority. A familiar worry about our ethical practices is that this invocation of authority involves a mistake. This worry was perhaps best captured by John Mackie, who argued that the fabric of the world contains nothing so queer as objective authority and thus that all our ethical claims are false. Kantians such as Christine Korsgaard and David Velleman offer accounts of the objectivity of ethics that do without the controversial (...) realist assumptions which gives rise to Mackie’s skepticism. They contend that our ethical claims correctly invoke objective authority not by corresponding to some normative pocket of the fabric of reality, but rather by expressing commitments that are inescapable. This Kantian strategy is often advertised as an alternative to traditional but “boring” metaethics. Its proponents promise to vindicate our ethical practices without entangling us in familiar metanormative disputes about the metaphysics, epistemology and semantics of ethics. In this paper, I argue that the Kantian strategy cannot make good on this promise. Considered as an attempt to sidestep traditional metaethics, it lacks the resources to produce the desired normative conclusions. The outlook for the Kantian strategy becomes more promising, though, if we pair it with one of two familiar metanormative theories: expressivism or reductionism. The resulting metaethically-loaded versions of the Kantian strategy can deliver the promised conclusions, but only by plunging straight into the quagmire of traditional metaethics. And there all of the familiar objections to expressivism and reductionism await. (shrink)

There are two primary traditions in philosophical theorizing about moral standing—one emphasizing Experience (the capacity to feel pain and pleasure) and one emphasizing Agency (complexity of cognition and lifestyle). In this article we offer an explanation for this divide: Lay judgments about moral standing depend importantly on two independent cues (Experience and Agency), and the two philosophical traditions reflect this aspect of folk moral cognition. In support of this two-source hypothesis, we present the results of a series of new experiments (...) providing evidence for our account of lay judgments about moral standing, and argue that these results lend plausibility to the proposed causal link between folk moral cognition and the philosophical traditions. (shrink)

This paper presents a comparative evaluation of constructivist and error theoretic accounts of moral claims. It is argued that constructivism has distinct advantages over error theory.

To determine whether fish welfare matters morally, we need to know what characteristics or capacities beings need to have in order to be morally considerable, and whether fish have such characteristics. In this paper I discuss a group of theories, Kantian practical reasoning theories, in which agency (or practical rationality) is traditionally thought to be a necessary condition for moral considerability. An individual must have quite sophisticated capacities to be a (moral) agent in such theories: she must be able to (...) act on rational principles. It seems unlikely that nonhuman animals such as fish have such capacities. I argue, however, that on the basis of certain Kantian arguments, moral agents have reason to accept duties to nonrational animals if they are agents in a much less demanding sense: if they are motivated to pursue the objects of their desires. If fish have this capacity, their welfare matters morally. (shrink)

Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...) the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

Internalists about reasons generally insist that if a putative reason, R, is to count as a genuine normative reason for a particular agent to do something, then R must make a rational connection to some desire or interest of the agent in question. If internalism is true, but moral reasons purport to apply to agents independently of the particular desires, interests, and commitments they have, then we may be forced to conclude that moral reasons are incoherent. Richard Joyce (2001) develops (...) an argument along these lines. Against this view, I argue that we can make sense of moral reasons as reasons that apply to, and are capable of motivating, agents independently of their prior interests and desires. More specifically, I argue that moral agents, in virtue of their capacities for empathy and shared intentionality, are sensitive to reasons that do not directly link up with their pre-existing ends. In particular, they are sensitive to, and hence can be motivated by, reasons grounded in the desires, projects, commitments, concerns, and interests of others. Moral reasons are a subset of this class of reasons to which moral agents are sensitive. Thus, moral agents can be motivated by moral reasons, even where such reasons fail to link up to their own pre-existing ends. (shrink)

When animal ethicists deal with welfare they seem to face a dilemma: On the one hand, they recognize the necessity of welfare concepts for their ethical approaches. On the other hand, many animal ethicists do not want to be considered reformist welfarists. Moreover, animal welfare scientists may feel pressed by moral demands for a fundamental change in our attitude towards animals. The analysis of this conflict from the perspective of animal ethics shows that animal welfare science and animal ethics highly (...) depend on each other. Welfare concepts are indispensable in the whole field of animal ethics. Evidence for this can be found by analyzing the structure of theories of animal ethics and the different ways in which these theories employ welfare concepts. Furthermore, the background of values underneath every welfare theory is essential to pursue animal welfare science. Animal ethics can make important contributions to the clarification of underlying normative assumptions with regard to the value of the animal, with regard to ideas about what is valuable for the animal, and with regard to the actions that should follow from the results of animal welfare science. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (forthat, a full-scale justification of the institution ofprivate property (...) would be required), they suggestnevertheless that the commonly held view has animmanent property logic that has not yet been drawnout or appreciated. (shrink)

A theory of basic moral rights ought to aim at telling us who the beings are that have rights and of what those rights consist. It may, however, seek to achieve that goal via an indirect route. In this paper I shall attempt a strategy of indirection. The first stage of the argument is a consideration of why moral theory can allow any place at all to rights. Acknowledging rights can be inconvenient. An otherwise desirable outcome is blocked if the (...) only ways in which it can be attained involve the violation of rights. Why not jettison rights and thereby render these outcomes achievable? The answer that will be suggested trades on it being a deep fact about human beings that they can and do order their lives by reference to long-term commitments and aspirations. In my terminology, they are project pursuers. If people were rational animals all of whose interests were flickering and evanescent, an ethic entirely resting on maximization of impersonal value would be appropriate. But because projects entail commitments to values not subject to trade-offs, the introduction of rights is plausible. That is the first major stage of the argument. The second builds on it and tries to show that the recognition of rights or their equivalent is morally required, that only an ethic in which basic rights are acknowledged can be properly responsive to persons' status as project pursuers. More particularly, is suggested that rights take the form of constraints imposing minimal forbearance on others such that one has reasonable expectations of being able to pursue one's projects amidst a world of other project pursuers. (shrink)

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

The literature on collective action largely ignores the constraints that moral principle places on action-prompting intentions. Here I suggest that neither individualism nor holism can account for the generality of intentional contents demanded by universalizability principles, respect for persons, or proactive altruism. Utilitarian and communitarian ethics are criticized for nominalism with respect to social intentions. The failure of individualism and holism as grounds for moral theory is confirmed by comparing Tuomela's reductivist analysis of we-intentions with Gilbert's analysis of social facts. (...) Tuomela's account founders over intentions to cooperate, and Gilbert's cannot accommodate legitimate authority, vicarious agency, or group structure. (shrink)

The “Cartesian” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty and equality, (...) but also to the attempt to express the mutuality of recognition between agents that might offer a genuinely communal conception of constitution and subject. Employing as a frame of reference Alan Brudner's analysis of these issues in his comprehensive Constitutional Goods it is argued that legal and political theory might usefully adopt an understanding of Hegel's notion of “recognition” in this regard without drastic phenomenological reconstruction of the Cartesian or Kantian subject. (shrink)

Psychiatrists are frequently called upon to make assessments of the rationality or irrationality of persons for a variety of medical-legal purposes. A key category is that of evaluations of a patient's capacity to grant informed consent for a medical procedure. A diagnosis of mental illness is neither a necessary nor a sufficient condition for a finding of incompetence. The notion of competency to grant consent, which is a mixed psychiatric-legal concept, shares some features with philosophical conceptions of rationality, but differs (...) from them in a number of important respects. This article describes the actual practice of psychiatrists when making such judgments, along with the standards of competency they employ. A comparison is made between those notions of competency and predominant philosophical conceptions of rationality. (shrink)

What is required for one thing to be a reason for another? Must the reason, more precisely, be or involve a principle? In this essay I target the idea that justification via reasons of one's beliefs (e.g., epistemic or moral) requires that the 'justifying reasons' be or involve (substantive and significant) principles. I identify and explore some potential sources of a principles requirement, and conclude that none of them (i.e., the normative function of reasons, the abstract structure of reasons, the (...) universalizability constraint on [moral] reasons, and even the pragmatic considerations that attenuate 'real-world' reason-giving) mandate that reasons be principles. I then explore implications of this conclusion, and note especially the resultant and paradoxical permissibility of justifying reasons that manage to be lawlike (a sine qua non for justifying reasons) even while consisting of highly-detailed and situation-specific proposition sets, e.g., novel-length narratives. (shrink)

The German philosopher Max Scheler defines the human person as a value-oriented act structure. Since a person is ideally a free being with open possibilities, the aim of education is to help human beings develop their potential in various directions. At the centre of Scheler's educational philosophy is the idea of all-round education, which aims towards a developed capacity for assessment, an ability to make choices and an ability to focus on the objective nature of things.

A central question in contemporary ethics and political philosophy concerns which entities have moral status. In this article, I provide a detailed analysis of the view that moral status comes in degrees. I argue that degrees of moral status can be specified along two dimensions: (i) the weight of the reason to protect an entity’s morally significant rights and interests; and/or (ii) the rights and interests that are considered morally significant. And I explore some of the complexities that arise when (...) we link degrees of moral status to the weight of reasons to protect bundles and/or the content and size of these bundles, in particular regarding the attribution of moral status to nonparadigmatic entities (e.g. people with severe cognitive disabilities, children, embryos and foetuses, robots, non-human animals, ecosystems, and rivers). (shrink)

This paper argues, against the prevailing view, that consent to privacy policies that regular internet users usually give is largely unproblematic from the moral point of view. To substantiate this claim, we rely on the idea of the right not to know (RNTK), as developed by bioethicists. Defenders of the RNTK in bioethical literature on informed consent claim that patients generally have the right to refuse medically relevant information. In this article we extend the application of the RNTK to online (...) privacy. We then argue that if internet users can be thought of as exercising their RNTK before consenting to privacy policies, their consent ought to be considered free of the standard charges leveled against it by critics. (shrink)

In this discussion note, I aim to reconstruct and assess Korsgaard's recent attempt to extend her regress argument. I begin, in section 1, with a brief recapitulation of the regress argument. Then, in section 2, I turn to the extension. I argue that the extension does not work because Korsgaard cannot rule out the possibility--a possibility for which there is both empirical evidence and argumentative pressure coming directly from the original regress--that we value animality in ourselves qua animality of rational (...) beings. (shrink)

Interactive theorem provers might seem particularly impractical in the history of philosophy. Journal articles in this discipline are generally not formalized. Interactive theorem provers involve a learning curve for which the payoffs might seem minimal. In this article I argue that interactive theorem provers have already demonstrated their potential as a useful tool for historians of philosophy; I do this by highlighting examples of work where this has already been done. Further, I argue that interactive theorem provers can continue to (...) be useful tools for historians of philosophy in the future; this claim is defended through a more conceptual analysis of what historians of philosophy do that identifies argument reconstruction as a core activity of such practitioners. It is then shown that interactive theorem provers can assist in this core practice by a description of what interactive theorem provers are and can do. If this is right, then computer verification for historians of philosophy is in the offing. (shrink)

This chapter examines the influence of the empirical sciences (e.g., physics, biology, psychology) in contemporary analytic philosophy, with focus on philosophical theories that are guided by findings from the empirical sciences. Scientific approaches to philosophy follow a tradition of philosophical naturalism associated with Quine, which strives to ally philosophical methods and theories more closely with the empirical sciences and away from a priori theorizing and conceptual analysis.

In this article I attempt to overcome extant obstacles in deriving fundamental, objective and logically deduced definitions of personhood and their rights, by introducing an a priori paradigm of beings and morality. I do so by drawing a distinction between entities that are sought as ends and entities that are sought as means to said ends. The former entities, I offer, are the essence of personhood and are considered precious by observers possessing a logical system of valuation. The latter entities (...) – those sought only as a means to an end – I term ‘materials.’ Materials are sought for their conditional value: Important for achieving sought ends, they are not considered precious in and of themselves. A normative system for how this dichotomy of entities should interact is consequently derived and introduced. This paradigm has applicability for modern humanism and beyond. Assuming societal technological progression whereby human bodies and their surrounding infrastructures continue to evolve and integrate, the distinction between beings and their supporting materials, and a moral code for their interactions, will become ever more relevant. (shrink)

In this chapter, the focus is on robotics development and its ethical implications, especially on some particular applications or interaction principles. In recent years, such developments have happened very quickly, based on the advances achieved in the last few decades in industrial robotics. The technological developments in manufacturing, with the implementation of Industry 4.0 strategies in most industrialized countries, and the dissemination of production strategies into services and health sectors, enabled robotics to develop in a variety of new directions. Policy (...) making and ethical awareness addressed these issues using socio-economic knowledge and also in an effort to solve some of the application problems raised in a range of different circumstances and sectoral environments. (shrink)

This article will provide an illustration of Max Weber’s theory of rationalization with a specific impetus on its interdependency with the development of capitalism. Following Horkheimer, I shall critically draw on Weber to outline a theory of human freedom, showing that rationalization not only implies economic and social liberation but entails a totalizing tendency that invades all spheres of socio-political life including people’s mental infrastructure. This mental colonization can be framed as a process of substituting value rationality with instrumental rationality. (...) I will claim that this substitution can be understood as an impediment for human freedom. Following contemporary theories of action, I will show the centrality of value orientation for understanding human freedom. Therefore, I propose a critical theory of freedom that centers value rational action as realization of freedom and can be understood as emancipative. (shrink)

The premise that it is logically necessary for a necessary condition of value to be valuable is sometimes used in metaethics in support of the claim that agency, or some constitutive condition of agency or action, has value for all agents. I focus on the most recent application of this premise by Caroline T. Arruda and argue that the premise is false. Despite this defect the relevant evaluative step could still work just in case of agency if an additional condition (...) were satisfied. (shrink)

Companies increasingly offer their employees the opportunity to participate in voluntary Workplace Health Promotion programmes. Although such programmes have come into focus through national and regional regulation throughout much of the Western world, their ethical implications remain largely unexamined. This article maps the territory of the ethical issues that have arisen in relation to voluntary health promotion in the workplace against the background of asymmetric relationships between employers and employees. It addresses questions of autonomy and voluntariness, discrimination and distributive justice, (...) as well as privacy and responsibility. Following this analysis, we highlight the inadequacy of currently established ethical frameworks to sufficiently cover all aspects of workplace health promotion. Thus, we recommend the consideration of principles from all such frameworks in combination, in a joint reflection of an Ethics of Workplace Health Promotion. (shrink)

If there is something (P) that every possible agent is committed to value, and certain actions or attitudes either enhance or diminish P, then normative claims about a range of intentional actions can be objectively and non-trivially evaluated. I argue that the degree of existence as an agent depends on the consistency of reflexive-relating with other individuals of the agent-kind: the ontological thesis. I then show that in intending to act on a reason, every agent is rationally committed to value (...) ‘above all else’ being an agent, what consists in exercising the capacity to act and having the freedom to discriminate between more or less valuable actions: the transcendental thesis. Since the degree of possession of this personal but non-contingent good depends on relating to other agents in a special way, certain actions and attitudes may be objectively right or wrong for all agents. (shrink)

One of the main reasons for philosophers to have embraced Humean constructivism rather than Kantian constructivism is a negative one: they believe that in the end Kantian constructivism is an unsta...

This chapter explores some features of pragmatic pluralism as an ethical perspective on climate change. It is inspired in part by Andrew Light’s work on climate diplomacy as U.S. Assistant Secretary of Energy for International Affairs, and by Bryan Norton’s environmental pragmatism, while drawing more explicitly than Light or Norton from classical pragmatist sources such as John Dewey. The primary aim of the chapter is to characterize, differentiate, and advance a general pragmatist approach to climate ethics. The main line of (...) argument is that we are suffering culturally from a sort of “moral jetlag” due in part to “moral fundamentalist” habits, and that a critical focus on pragmatic pluralism—in moral theory generally and climate ethics particularly—would be salutary for our recovery if philosophers are to speak more effectively to “wicked problems” in a way that aids public deliberation and social learning. Moral fundamentalist habits, and the monistic one-way assumption that unintentionally—but not blamelessly—exercises and unduly reinforces them, are obstacles to fostering habits of moral and political inquiry better suited to dealing with predicaments rapidly transforming our warming planet. (shrink)

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

I show that the existence of an omniscient, omnipotent, and essentially omnimalevolent being is impossible given only two metaethical assumptions (viz., moral rationalism and reasons internalism). I then argue (pace Stephen Law) that such an impossibility undercuts Law’s (Relig Stud 46(3):353–373, 2010) evil god challenge.

A comprehensive account of human kindness.

Controversy surrounds the ‘intrusion’ of the discourse of rights into workplace relationships. This is explored by examining the nature of rights through the analysis of the idea of a ‘right to manage’. Purported justifications of the right to manage in terms of either property or contract are shown to be inadequate, thus illustrating the need to incorporate a degree of consequentialism in the articulation and justification of rights. The value of a rights-approach is argued to lie in the identification of (...) the morally relevant interests affected by management decisions and the correlative obligations of those involved in the workplace, rather than in the introduction of a special set of moral considerations distinctively connected with the idea of rights. (shrink)

A central issue in Chinese philosophy today is the relationship between Confucianism and democracy. While some political figures have argued that Confucian values justify non-democratic forms of government, many scholars have argued that Confucianism can provide justification for democracy, though this Confucian democracy will differ substantially from liberal democracy. These scholars believe it is important for Chinese culture to develop its own conception of democracy using Confucian values, drawn mainly from Kongzi (Confucius) and Mengzi (Mencius), as the basis. This essay (...) describes some obstacles to this form of Confucian democracy. It argues that considering the political philosophies of Kongzi and Mengzi in the context of their views on personal cultivation reveals that they oppose some of the central assumptions of democracy. They do not trust the public to make good decisions, and advocate government for the people, but not by the people. These philosophies alone cannot generate democracy. (shrink)

This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.

Beginning with the initial premise that as the Internet has a global character, the paper will argue that the normative evaluation of digital information on the Internet necessitates an evaluative model that is itself universal and global in character. The paper will show that information has a dual normative structure that commits all disseminators of information to both epistemological and ethical norms that are in principle universal and thus global in application. Based on this dual normative characterization of information the (...) paper will seek to demonstrate: that information and internet information specifically, as a process and product of communication, has an inherent normative structure that commits its producers, disseminators, communicators and users, everyone in fact that deals with information, to certain mandatory epistemological and ethical commitments; and that the negligent or purposeful abuse of information in violation of the epistemological and ethical commitments to which its inherent normative structure gives rise is also a violation of universal rights to freedom and wellbeing to which all agents are entitled by virtue of being agents, and in particular informational agents. (shrink)