A number of influential Kantian philosophers assume that true need represents shared and fundamental human concerns that can both ground duties of aid and limit how much an agent can be morally required to do for others. In this paper, I take on this misreading and argue that true need is representative of personal priorities. This subjectivist reading fits better with Kant’s own characterization of true need and with his conceptions of need and happiness. Moreover, I argue that Kant’s own (...) conception of true need is philosophically appealing, as it is anti-paternalistic. Agents are free to determine their own true need. This frees Kant from the challenge of coming up with a list of true human needs that are supposedly stable across cultures, epochs and individuals. Furthermore, my reading also implies that the mere fact that someone else considers something their true need does not necessitate our help. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

In the literature on global justice, there has been a lengthy debate about what the world’s rich owe to the world’s poor. Some have argued that rich individuals have positive duties of beneficence to help the poor, while others have argued that rich individuals only have negative duties not to harm them. A common objection to the former view is that once it is accepted that positive duties exist, fulfilling these duties will be overdemanding since rich individuals can almost always (...) help a little more. Some have tried to overcome this overdemandingness objection by setting cut-off points for how demanding morality is. In this article, we aim to show that it is problematic to be committed to the following propositions: (1) Positive duties to aid exist; (2) The overdemandingness objection is a serious challenge for anyone who accepts that positive duties to aid exist; and (3) Setting cut-off points for how demanding morality is constitutes a plausible way to overcome the overdemandingness objection. Showing that a commitment to (1), (2) and (3) is problematic is of interest given that several influential theorists are committed to this set of views. This set of views is simply a bad theoretical cocktail. (shrink)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

This article highlights two interlocking themes in moral and political philosophy in the Kantian tradition and examines their import for issues in international relations. First, I examine how constructivist interpretations of Kantian moral theory can inform an understanding of Kant’s Perpetual Peace and passages in other key texts that deal with international relations. Second, drawing on the constructivist tradition, I examine Kant’s remarks on the dependency of domestic justice on international justice. By bringing these two themes together, I put forward (...) a Kantian view of international relations that emphasizes the role of morality in resolving practical problems at the international level and draws attention to the ways in which solving problems of domestic justice is contingent on also solving problems of international justice. Each of these points provides a Kantian response to, and the second puts pressure on, realist views in international relations. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that this (...) double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

This paper offers a normative exploration of what exploitation is and of what is wrong with it. The focus is on the critical assessment of the exploitation of workers in capitalist societies. Such exploitation is wrongful when it involves a contra-solidaristic use of power to benefit oneself at the expense of others. Wrongful exploitation consists in using your greater power, and sometimes even in making other less powerful than you, in order to get them to benefit you more than they (...) ought to. This account of exploitation is appealing because it simultaneously captures three morally significant dimensions of exploitation—its material and social background, the relational (interpersonal and systemic) attitudes it enacts, and the final distributive results it generates. Exploitation is indeed a multidimensional social process. The flipside of the proposed critical characterization of this process is a positive ideal of solidaristic empowerment in the allocation and use of economic power, which the paper articulates in terms of the socialist Abilities/Needs Principle (“from each according to their abilities, to each according to their needs”). The Abilities/Needs Principle is grounded in human dignity. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

En el presente trabajo se analizan tres concepciones de la igualdad de oportunidades que G. A. Cohen presenta en ¿Por qué no el socialismo?, a saber, la acepción liberal burguesa, la liberal de izquierdas y la socialista. Este trabajo pretende exponer y discutir estas tres concepciones de la igualdad de oportunidades a través de la filosofía jurídica y política de Kant y al proyecto de una crítica de la economía política de Marx.

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. There (...) are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

This paper offers an account of human dignity based on a discussion of Kant's moral and political philosophy and then shows its relevance for articulating and developing in a fresh way some normative dimensions of Marx’s critique of capitalism as involving exploitation, domination, and alienation, and the view of socialism as involving a combination of freedom and solidarity. What is advanced here is not Kant’s own conception of dignity, but an account that partly builds on that conception and partly criticizes (...) it. The same is the case with the account of socialism in relation to Marx’s work. As articulated, Kantian dignity and Marxian socialism turn out to be quite appealing and mutually supportive. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

A comprehensive and practical study tool, introducing Kant's thought and key works and exploring his continuing influence.

I have two goals in this paper. First, I want to determine whether Kant’s justification for state programs for poverty relief in The Doctrine of Right is based on 1) Kantian duties of virtue, 2) Kantian duties of right, or instead merely on 3) instrumental arguments regarding the preservation of a State as such. I claim that the last alternative is the correct one. Second, I will argue, against Kant himself, that even his merely instrumental arguments for public programs for (...) poverty relief are ruled out by his doctrine of right. My conclusion is that, perhaps surprisingly, the only genuinely Kantian way to provide poverty relief is privately, just as Libertarians have argued. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

I attempt first to disentangle three aspects of Kant’s distinction between perfect and imperfect duty. There is the central distinction between principles of duty contrary to that which is contradictory in conception/consistent in conception but contradictory in will. There is also a distinction between essential and non-essential duties: those which cannot, or occasionally can, be passed over consistent with the requirements of morality. Finally, there is a distinction between duties that exhibit a scalar aspect – degrees of goodness or virtue (...) – and duties that do not. My aim is to show how these distinct considerations can be reconciled as aspects of a single distinction, and I conclude that the remarkable complexity of Kant’s perfect/imperfect distinction is actually a strength, rather than a weakness. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

In this paper I explore elements from Kant’s philosophy of right to develop a relational account of the wrong of poverty. Poverty is a relational wrong because it involves relations of problematic dependence, inequality, and humiliation. Such relations infringe the rights to freedom and equality of the poor. And the called-for response is one of public recognition and protection of the rights of the poor. This position means we must radically reconceptualize our individual duties to the poor: not _private beneficence_, (...) but _private remedies for public failures_. (shrink)

Development economists have suggested that the hopes of the poor are a relevant factor in overcoming poverty. I argue that Kant’s approach to hope provides an important complement to the economists’ perspective. A Kantian account of hope emphasizes the need for the rationality of hope and thereby guards against problematic aspects of the economists’ discourse on hope. Section 1 introduces recent work on hope in development economics. Section 2 clarifies Kant’s question “What may I hope?” and presents the outlines of (...) his answer. Crucially, hope is rational if it is rational to trust in the structures of reality on which the realization of one’s hope depends. Section 3 argues that central tenets of Kant’s account of what makes hope rational can be applied to the context of poverty. It becomes apparent that the poor often have good reason to be hopeless since they may not trust fundamental structures that are necessary for realizing their hope. Thus, the insight that the poor need more hope must go hand in hand with a commitment to establishing trustworthy political structures, such that their hope can be rational. Section 4 highlights the relevance of the secular highest good for a better understanding of the justification and scope of our duties to the poor in a Kantian framework. (shrink)

It has been argued that Kants actions. However, it would be uncompromising to allow for only two possibilities: either full responsibility or none. Moreover, in the Metaphysics of Morals Kant himself claims that there can be degrees of responsibility, depending on the magnitude of the obstacles that have to be overcome when acting. I will show that this claim is consistent with Kant’s theory as a whole and thereby make transparent how degrees of responsibility are possible for Kant. The solution (...) is based on the distinction between two senses of responsibility: taking oneself to be an accountable person is an all-or-nothing affair, whereas praise- or blameworthiness for a particular action can still be a matter of degree. (shrink)

In 2004, Garrett Cullity made a significant contribution to the literature on what the world’s relatively affluent owe to the world’s relatively poor through the publishing of The Moral Demands of Affluence. In this discussion note, I draw attention to a logical problem in Cullity’s master argument in favor of the view that affluent individuals are justified in spending monetary resources on themselves at a level that lies well above what Peter Singer finds justified. The proposition I defend is that (...) the premises leading to Cullity’s conclusion about the moderate, and not extremely demanding, nature of his position are inconsistent. These premises license any conclusion, including the negation of the one preferred by Cullity. (shrink)

One objection that has been consistently raised for theorists who are committed to the idea that we have a positive duty to aid the global poor is the overdemandingness objection. This article is a critical discussion of this objection. First, the objection is laid out in some detail. A number of influential attempts to meet the overdemandingness objection are then discussed, and it is argued that they all fail in their intended purpose. The conclusion of the article is not that (...) the overdemandingness objection cannot be met. Rather, the conclusion is that the overdemandingness objection constitutes a serious challenge to anyone who accepts the objection and goes beyond the standard libertarian doctrine and commits herself to the existence of positive duties to aid the global poor. (shrink)

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

The paper defends that it is possible to offer a Kantian argument for justifying the introduction of Universal Basic Income (UBI). It first briefly presents Philippe van Parijs’ argument for UBI based on the concept of real freedom for all. In doing so, it will focus on its general structure and central insight, without entering too much into other issues like the economic feasibility of UBI. It second briefly presents Kant’s concept of external freedom and especially focuses on some of (...) its components to assess whether there is some closeness to van Parijs’ concept of real freedom. It further considers whether UBI is not only compatible with a Kantian position, but can be justified from such a position because it represents a tool for concretely realizing external freedom as presented in the _Doctrine of Right_ and for attaining the ethical ideal of virtuosity presented in the _Doctrine of Virtue_. (shrink)

En este artículo intervengo en la discusión sobre si es posible encontrar en la filosofía política de Kant una fundamentación de los derechos sociales básicos. Me centraré en primer lugar en dar sentido a la idea de una doctrina metafísica del derecho. En segundo lugar, trataré de mostrar dónde se encuentran los límites de la doctrina metafísica del derecho de Kant a la hora de debatir sobre la forma en que la sociedad debe o debía organizarse (en los tiempos actuales, (...) pero también en la época de Kant). Por último, esbozaré rutas alternativas para usar el enfoque metafísico de Kant con el fin de abordar cuestiones de justicia social, en particular, el tema de la pobreza. (shrink)