Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational‐role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to (...) obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach that denies that most subjects of contemporary states have a duty to obey the law simply in virtue of its status as such. (shrink)

When children are too young to make their ownautonomous decisions, decisions have to be madefor them. In certain contexts we allow parentsand others to make these decisions, and do notinterfere unless the decision clearly violatesthe best interest of the child. In othercontexts we put a priori limits on whatkind of decisions parents can make, and/or whatkinds of considerations they have to take intoaccount. Consent to medical research currentlyfalls into the second group mentioned here. Wewant to consider and ultimately reject one (...) ofthe arguments put forward for putting medicalresearch into the second category. We willargue that some objections to children'sparticipation in research are either based onan implausibly restrictive conception of whatis in fact in the child's best interests orthat there is an implicit and false premisehidden in this argument; i.e., the premise thatour children have so deeply fallen into moralturpitude that we must assume that they wouldnot want to fulfill their moral obligations,or, that they will grow up to be morallydeficient and will then wish not to have actedwell while a child. (shrink)

ABSTRACT In this paper I argue that liberal democratic communities are justified in regulating the activities of their members because of the inevitable existence of conflicting conceptions of what is considered as morally right. This will often lead to tension and disputes, and in such circumstances, reliance on peaceful or orderly co‐existence will not normally suffice. In such pluralistic societies, the boundary between permissible and impermissible activities will be unclear; and this becomes a particular concern in controversial issues which raise (...) specific anxieties and uncertainty. One context that has repeatedly raised issues in this regard is that of biotechnology and, in particular, the recent stem cell debate, on which this paper concentrates. While such developments have the potential to make significant improvements to therapeutic progress, we should also be sceptical because predicting the impact of these developments remains uncertain and complex. For the sake of socio‐political stability, it will therefore be necessary to enact and enforce rules which limit these competing claims in public policy but which may not be compatible with what individual moral commitments ideally permit. One way to achieve this is to establish procedural frameworks to resolve potential disputes in the public sphere about what is right, wrong, or permissible conduct. I argue that for one to commit to authoritative regulation, an idea of harm prevention through state intervention is necessary; and that this requires optimum mechanisms of procedure which allow the individual the opportunity to compromise and yet to continue to oppose or fight for changes as demanded by his or her moral position. (shrink)

Working from a "capitalist" theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, there are independent reasons that call for the extension of economic rights – the freedom of occupation in particular – to guestworkers. (...) Since the cause of unequal exchange rests in the fact that guest workers are deprived of these rights, rather than in their exclusion from citizenship per se, I conclude that they are exploited even if their exclusion from citizenship may be justified. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately (...) wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality. (shrink)

Contributions to COVID-19 vaccination programmes promise valuable collective goods. They can support public and individual health by creating herd immunity and taking the pressure off overwhelmed public health services; support freedom of movement by enabling governments to remove restrictive lockdown policies; and improve economic and social well-being by allowing businesses, schools, and other essential public services to re-open. The vaccinated can contribute to the production of these goods. The unvaccinated, who benefit from, but who do not contribute to these goods (...) can be morally criticised as free-riders. In this paper defends the claim that in the case of COVID-19, the unvaccinated are unfair free-riders. I defend the claim against two objections. First, that they are not unfair free-riders because they lack the subjective attitudes and intentions of free-riders; second, that although the unvaccinated may be free-riders, their free-riding is not unfair. (shrink)

Tens of thousands of U.S. military personnel remain missing in action (MIA). U.S. law requires that our MIAs be accounted for and that the government maintain a comprehensive, coordinated, integrated and fully resourced program dedicated to accomplishing this enormous task. The aim of this paper is to show that there is also a moral requirement. There is a moral duty to repatriate U.S. military personnel, a duty that is grounded in our individual right to self-defense.

It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...) attention under current law? -/- Unlike (Chomanski, Neuroethics 16:1–11, 2023), who discusses an overall right to attention, or (Puri, Rutgers Law Record 48:206–221, 2021), who discusses an overall right to attentional privacy, in this paper we focus on two types of situations in which a person’s attention is already protected by legal regulation. Sustained attention-requiring tasks can be jeopardized by distractions whereas attentiveness to certain kind of stimuli can be jeopardized by immersive stimuli. That is why distractions are regulated in situations where an agent has what we call a concentration right and immersive stimuli are regulated in situations where an agent has what we call a duty to be attentive. The further analysis of these situations provides an understanding of the legal means by which attention is already regulated, which can be helpful when thinking about how it should be regulated in the future. (shrink)

This paper argues that international citizens can retain their obligations to past states and societies, and that this obligation has implications for their state of residence. While some people remain in the same state for their entire lives, international individuals generate relationships with more than one state. The paper presents the argument that individuals are obligated to their state for at least one reason. One particularly relevant implication of this obligation is the duty to pay taxes. In regard to international (...) individuals, these considerations apply to states with which they had historic relationships as well as the state in which they currently reside. The paper offers a rough proposal as to how to calculate the relative relationship that an international individual has with their past and present states and societies. This can be used to determine what proportion of a person’s total lifetime tax revenue should be shared. Although the analysis here is presented in terms of the duty of the individual towards past states, the individual need not change their behaviour to discharge the duty. The duty impacts on current states, which should acknowledge the duty of their international resident, and make sure that this is discharged appropriately to the other relevant states. (shrink)

The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed (...) obligation and entitlement are not the same normative concept seen from two different perspectives. They are two very different concepts, and much is gained by keeping them distinct. (shrink)

I argue that an act can be wrong _because_ it wrongs a particular person. I then show how this thesis serves as a constraint on moral theories, using Kantian ethics as a case study.

La pregunta acerca de por qué las personas deben obedecer el derecho introduce uno de los temas más complejos y discutidos de la filosofía política y jurídica contemporáneas. Entre las diversas respuestas ofrecidas en la literatura científica, Rawls formuló la teoría del deber natural de apoyar y promover las instituciones justas. El objetivo de este trabajo es ofrecer un análisis crítico de esta propuesta y mostrar cómo se podrían superar algunas de sus debilidades mediante un enfoque que enfatice la importancia (...) de preservar un esquema social beneficioso que ofrezca un marco de posibilidades para el desarrollo moral de las personas. (shrink)

Recommendation systems (RSs) predict what the user likes and recommend it to them. While at the onset of RSs, the latter was designed to maximize the recommendation accuracy (i.e., accuracy was their only goal), nowadays many RSs models include diversity in recommendations (which thus is a further goal of RSs). In the computer science community, the introduction of diversity in RSs is justified mainly through economic reasons: diversity increases user satisfaction and, in niche markets, profits.I contend that, first, the economic (...) justification of diversity in RSs risks reducing it to an empirical matter of preference; second, diversity is ethically relevant as it supports two autonomy rights of the user: the right to an open present and the right to be treated as an individual. So far, diversity in RSs has been morally defended only in the case of RSs of news and scholarly content: diversity is held to have a depolarizing effect in a democratic society and the scientific community and make the users more autonomous in their news choices. I provide a justification of diversity in RSs that embraces all kinds of RSs (i.e., a holistic moral defense) and is based on a normative principle founded on the agency of the user, which I call the right to be an exception to predictions. Such a right holds that the proper treatment of a RS user qua agent forbids providing them with recommendations based only on their past or similar users’ choices. (shrink)

The Moral Equality Account of Hypocrisy (ME) is a prominent theory of why hypocrites lack moral standing to blame. Hypocrites make exceptions for themselves and thereby implicitly deny moral equality, which is an essential premise of moral standing to blame. ME has recently faced challenges from philosophers who deny that it is the hypocrite’s rejection of moral equality that causes her to lose moral standing to blame. I have distinguished three main challenges which I discuss and rebut in this article: (...) “The Internal Blame and Blame of Fictional Characters Challenge”, which I attribute to Todd ( 2019 ), and “The Hypercrite Challenge” and “The Inegalitarian Norm Challenge”, which are due to Lippert-Rasmussen ( 2021 ). The article begins by offering an account of ME. It fills in a few gaps in the theory, by explaining why it is necessary for a blamer to invoke a special right to blame and by determining the type of right that standing to blame is. It also distinguishes between the question of why hypocrisy is wrong or bad, and the question of why it undermines moral standing to blame. I hold that several theories provide plausible answers to the first question, but only ME has so far given a good answer to the second question. When distinguishing properly between these two questions, we see that ME can respond satisfactorily to the three challenges. (shrink)

Anarchism and Political Modernity looks at the place of 'classical anarchism' in the postmodern political discourse, claiming that anarchism presents a vision of political postmodernity. The book seeks to foster a better understanding of why and how anarchism is growing in the present. To do so, it first looks at its origins and history, offering a different view from the two traditions that characterize modern political theory: socialism and liberalism. Such an examination leads to a better understanding of how anarchism (...) connects with newer political trends and why it is a powerful force in contemporary social and political movements. This new volume in the Contemporary Anarchist Studies series offers a novel philosophical engagement with anarchism and contests a number of positions established in postanarchist theory. Its new approach makes a valuable contribution to an established debate about anarchism and political theory. It offers a new perspective on the emerging area of anarchist studies that will be of interest to students and theorists in political theory and anarchist studies. (shrink)

There are reasons to believe that conventional obligations are impossible. Thus, it could be argued that for me to have an obligation to Φ in virtue of the fact that a convention so requires, it must be the case that I have a convention-independent obligation to do something else such that, given the existence of the convention, Φing is a way of doing just that. But, then, my obligation to Φ would not really be conventional at all. On closer inspection, (...) so-called conventional obligations turn out to be no more than a specification of what our nonconventional obligations require given the circumstances. In this paper, I shall argue that contra to what this argument suggests, there can be genuinely conventional obligations. To do so, I develop a second-personal account of conventional obligations, according to which obligations are grounded by conventions in virtue of an explanation that does not follow the indicated pattern. (shrink)

Journal of Political Philosophy, EarlyView.

Sam Berstler has recently argued for a fairness-based moral difference between lying and misleading. According to Berstler, the liar, but not the misleader, unfairly free rides on the Lewisian conventions which ground public-language meaning. Although compelling, the pragmatic and metasemantic backdrop within which this moral reason is located allows for the generation of a vicious explanatory circle. Simply, this backdrop entails that no speaker has ever performed an assertion. As I argue, escaping the circle requires rejecting Berstler’s fairness-based reason against (...) lying. The problem is a general one: the wrong of lying cannot be founded on the goods of language. (shrink)

This paper considers the formulation of the moral requirement against hypocrisy, paying particular attention to the logical scope of ‘requires’ in that formulation. The paper argues (i) that we should prefer a wide-scope formulation to a narrow-scope formulation, and (ii) this result has some advantages for our normative theorizing about hypocrisy – in particular, it allows us to resist several of Daniela Dover’s (2019) recent arguments against the anti-hypocrisy requirement.

W tekście zajmujemy się przeobrażeniami, jakie na przestrzeni wielu stuleci zaszły w rozumieniu uprawnień. W związku z tym interesują nas też zmiany w roli nadawanej skorelowanym z nimi obowiązkom oraz sprawiedliwości. Wychodząc od pierwotnego (obiektywnego) sensu praw jako przedmiotu sprawiedliwości, przechodzimy do nowożytnego podmiotowego (subiektywnego) ich rozumienia. Twierdzimy, że konsekwencją opisywanej transformacji jest zmiana struktury uzasadnienia praw. Mamy na myśli to, że prawa, pierwotnie uzasadniane regułami sprawiedliwości i równoważne obowiązkom, stały się od sprawiedliwości niezależne, a nawet, że tę ostatnią zaczęto (...) rozumieć jako regułę urzeczywistniania autonomicznie ustanawianych benefitów (czyli substancjalnie wziętych praw). (shrink)

In recent decades, many researchers set out to draw links between Western anarchism and ancient Chinese Daoism. The present work aims at adding to this ongoing debate by answering the question of whether the Guodian _Laozi_’s 郭店老子 sayings can be labelled as “anarchism.” It defends the claim that the text endorses a unique kind of anarchist theory based on a distinctive theory of political authority grounded in Daoist moral commitments. To do so, this essay first offers an overview of the (...) scholarly debate surrounding this topic. Second, it provides an account of the necessary and sufficient feature any theory must secure in order to be argued to be anarchist, as well as a framework that underlines potential differences between various anarchist theories. Third, a rigorous textual analysis of the Guodian Laozi is conducted to extrapolate its political advice, before analyzing it in light of the anarchist framework mentioned above. This essay concludes with an assessment of several objections that may be raised against its claims. (shrink)

The idea of sustainable development as a normative concept emphasizes the necessity for a wider consensus on meeting human needs, ensuring social equity, and respecting planetary boundaries. The purpose of the article focuses on the deontological orientation in perceiving sustainable development. It is expected that looking at sustainability from the deontological perspective might increase individuals’ awareness of responsibility towards respecting the needs of the world’s poor, environmental boundaries, and moral equity, which emphasizes that all people are equal. Any attempt to (...) achieve sustainability demands, first of all, rational action placed on moral duties/obligations before individual people or institutions can achieve their particular desires and goals. According to this perspective, sustainability should be treated as a prior constraint in obtaining economic maximization. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

This article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus (...) exemptions should be granted in unforeseeable circumstances, provided the costs are limited. (shrink)

When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether their host state acquires special duties toward their home state and argues (...) for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states. (shrink)

In response to the COVID-19 pandemic, Korean society has sought to vaccinate most of its population. Consequently, the Korean government has attempted to make vaccination compulsory by promoting awareness of its benefits. The administration has pushed for mandatory vaccination by claiming that vaccination is more beneficial than harmful, based on a utilitarian view. However, this view is difficult to justify based on the two levels of utilitarianism presented by R. M. Hare. Compulsory vaccination cannot satisfy the universalizability, nor the satisfaction (...) of preference, and exposes the difficulties of utilitarianism. In addition, mandatory vaccination is difficult to justify based on the perspective of fairness theory, that is, “justice as the fairness” of John Rawls and H. L. A. Hart’s principle of fairness. From the point of view of Hare’s utilitarianism and fairness theory, it has been shown that mandatory vaccination is not easily justified. In reality, the power of the state continues to strengthen, and we should examine this situation from a critical point of view. (shrink)

I argue that penal philosophy should focus more on our attitudes towards offenders, since these attitudes can shed new light on theories or principles of punishment (of which they are often expressions) and also play a significant role in changing the face of criminal justice. Building on Strawson’s “Freedom and Resentment,” I define attitudes as certain ways of seeing human beings that logically include or exclude various emotional, behavioral, and linguistic responses, that can be more or less natural, and over (...) which we have some degree of voluntary control. I argue that, understood in this sense, there are broadly speaking six attitudes towards offenders: the retributive, the hostile, the moralistic, the paternalistic, the merciful, and the actuarial. After presenting each of these attitudes, I sum up my analysis by focusing on the Polanski sexual abuse case. I then introduce the concept of second-order attitudes, where egalitarianism is the attitude that consists of taking the same attitude towards all offenders, and particularism is the attitude that consists of adjusting your attitude to each offender. Finally, I briefly explain why a mix of the retributive and the merciful should be our default attitude. (shrink)

My aim in this paper is to develop a new model of the obligation to do your part in contributing to the provision of what are frequently described as ‘public goods’. I will situate my account in a broadly Kantian account of the state as a public rightful condition, which enjoys powers that no private person could enjoy, in the service of its distinctively public mandate. The exercise of those powers imposes special duties on the state, which require it to (...) provide distinctively public goods. As an artificial person, the state can only act through natural persons; doing your part enables the state to achieve its distinctively public purposes. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the provision of (...) basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)

According to most contemporary theorists, free riding on the cooperative contributions of others is unfair. At the same time, obligations to contribute to cooperative schemes can compel conformity with conventional practices, and can do so to a degree that poses a real threat to individuality. This paper exposes this tension between fairness and individuality, and proposes a way to resolve it. The resolution depends on an alternative approach to understanding fairness—one that appeals to the relational goods fairness is meant to (...) maintain. In particular, norms of fairness protect against the interactions within a relationship becoming disrespectful. Many instances of free riding are indeed disrespectful and hence unfair. But this is not always so: one can choose to live a lifestyle that fails to return the benefits their community provides without disrespecting one's fellows. It is thus possible to free ride without being unfair, and so duties of fairness need not add to those already formidable forces that threaten to extinguish valuable individuality. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

The subject-matter of the paper is the theory of class struggle proposed by Hans-Hermann Hoppe, one of the leading representatives of libertarian political philosophy in the radical tradition of Murray N. Rothbard. The author reconstructs and critically comments on the theory at hand. The author's remarks focus on the ethical and methodological background of Hoppe's approach, the main question being whether the latter theory is consonant with the thinker's positions on ethics and methodology, as well as with his political standpoint. (...) The author argues that not only does class analysis not contradict other core beliefs of Hoppe but it also represents an indispensable element of his libertarian philosophy. There is, however, a significant tension between the class approach and Hoppe's secondary philosophical position – his historical idealism. The article is concluded by indicating some further issues in the Hoppean theory of class that, in the author's opinion, should be subject to future inquiry. (shrink)

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make them denials/affirmations of (...) freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 249-268, August 2022. When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether (...) their host state acquires special duties toward their home state and argues for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.

Jair Bolsonaro, the current President of Brazil, has made himself into one of the most influent advocates of COVID-19 denial. His health policy and his political doctrine are partly based on an implicit moral claim, which is neglected by contemporary political theory. Bolsonarism’s rhetoric raises a moral claim to freedom without responsibility, which relieves its followers from the burdens that emerge from liberal accounts of liberty or from basic goods accepted in a political community. In opposition to liberal or communitarian (...) accounts, Bolsonarism endorses a Hobbesian concept of freedom that describes it as the absence of ‘impediments to motion’. Nonetheless, it differs from Hobbes because it treats this liberty as endowed with moral value and non-negotiable through a social contract. (shrink)

What do we owe each other when we act together? According to normativists about collective action, necessarily something and potentially quite a bit. They contend that collective action inherently involves a special normative status amongst participants, which may, for example, involve mutual obligations to receive the concurrence of the others before leaving. We build on recent empirical work whose results lend plausibility to a normativist account by further investigating the specific package of mutual obligations associated with collective action according to (...) our everyday understanding. However, our results cast doubt on a proposed obligation to seek the permission of co-actors before exiting a collective action, and suggest instead that this obligation is a function of explicit promising. We then discuss how our results pave the path for a new normativism, a theory that neither under- nor overshoots the target given by our common conception of the interpersonal obligations present in collective action.*. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

Deceased organ donation is widely considered as a case of easy rescue―that is, a case in which A may bestow considerable benefits on B while incurring negligent costs herself. Yet, the policy implications of this observation remain unclear. Drawing on Christopher H. Wellman’s samaritan account of political obligations, the paper develops a case for a so-called opt-out system, i.e., a scheme in which people are defaulted into being donors. The proposal’s key idea is that we may arrange people’s options in (...) specific ways for the sake of others. (shrink)

What constraints should be imposed on individual liberty for the sake of protecting our collective security? A helpful approach to answering this question is offered by a theory that grounds political obligation and authority in a moral requirement of fair contribution to mutually beneficial cooperative schemes. This approach encourages us to split the opening question into two—a question of correctness and a question of legitimacy—and generates a detailed set of answers to both subsidiary questions, with a nuanced and plausible set (...) of implications. The plausibility of its treatment of the issues surrounding liberty and security, I argue, helps to confer credibility on the fairness-based theory that carries these implications. (shrink)

This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks how the distribution of benefits and burdens of a cooperative scheme affects people’s fair-play obligations to that scheme. It argues that neither a sufficiency-based nor a proportionality-based approach is capable of answering that question singlehandedly. However, the two approaches can be combined in a plausible way. Noting that some of the duties that go into our (...) fair-play obligations are ‘gradual’ and others are ‘non-gradual’, the article argues that the sufficiency-based approach explains non-gradual duties such as the duty to obey the law, and that the proportionality-based approach explains gradual duties like political participation and civic responsibility. Thus, the article contends that the fair-play theory should be extended beyond the question of legal compliance and be applied to the duties of good citizenship more generally. (shrink)