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)

While American physicians have traditionally practised as non-unionised professionals, there has been increasing debate in recent years over whether physicians in training (known also as interns, residents or house staff) are justified in unionising and using collective action. This paper examines specific ethical criteria that would permit union action, including a desire to ameliorate patient care as well as the goal of improving the conditions of working physicians. We posit that traditional rebuttals to physician unionisation often lean on an infinite (...) conception of a doctor’s energies and obligations, one that promotes burnout and serves to advance the financial motives of hospital management and administration. Furthermore, this paper explores the empirical justifications for collective action, which include substantial reductions in medical error. Finally, we address the free-rider problem posed by non-union physicians who might benefit from working improvements garnered through union action. We conclude that in order to maintain a notion of justice as fairness, resident physicians who benefit from union deliberations are impelled to acquire union membership or make a commensurate donation and that the healthcare organisations for which they work ought to share in the responsibility to improve patient care. (shrink)

El artículo sostiene que la teoría liberal está tensionada por una pretensión de universalidad normativa y su implementación institucional en el contexto de los Estados nacionales. Esta tensión se expresa claramente en el caso de la inmigración con la demanda estatal de control discrecional de las fronteras. El artículo desarrolla cuatro argumentos a favor de la relevancia normativa de las fronteras, y sostiene que no son conclusivos. Correspondientemente, desde una perspectiva liberal se dispondría de menos argumentos para justificar el cierre (...) discrecional de las fronteras. (shrink)

The World Health Organisation encourages that blood donation becomes voluntary and unremunerated, a system already operated in the UK. Drawing on public documents and videos, this paper argues that blood donation is regarded and presented as altruistic and supererogatory. In advertisements, donation is presented as something undertaken for the benefit of others, a matter attracting considerable gratitude from recipients and the collecting organisation. It is argued that regarding blood donation as an act of supererogation is wrongheaded, and an alternative account (...) of blood donation as moral obligation is presented. Two arguments are offered in support of this position. First, the principle of beneficence, understood in a broad consequentialist framework obliges donation where the benefit to the recipient is large and the cost to the donor relatively small. This argument can be applied, with differing levels of normativity, to various acts of donation. Second, the wrongness of free riding requires individuals to contribute to collective systems from which they benefit. Alone and in combination these arguments present moral reasons for donation, recognised in communication strategies elsewhere. Research is required to evaluate the potential effects on donation of a campaign which presents blood donation as moral obligation, but of wider importance is the recognition that other-regarding considerations in relation to our own as well as others’ health result in a range not only of choices but also of obligations. (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)

The problem of the ‘mountain man’, the caricature of self-sufficiency and individualism, is not a new one for autonomy theorists. It seems plausible that there is genuine value in self-direction according to one’s deeply-held principles. If autonomy involves something like this, then anyone concerned with autonomy as a social rather than individualistic phenomenon must explain what the mountain man gets wrong when he denies that his autonomy admits of being placed under obligations to others. In particular, the mountain man challenges (...) autonomy-minded social anarchists: if his denial of legitimate non-voluntary obligations is correct, then it is not just the state we should reject, but any organising body with coercive powers. This may be consistent with individualist anarchism or right-libertarianism, but it sits ill with the social anarchist intuition that we can have genuine political obligations. My thesis addresses this problem in three stages. First, I argue for a functional analysis of authority and autonomy: the concepts are not pre-existing “immovable objects”, but rather are defined by the role that they are intended to play in our discourse. I suggest that we need a concept of political or institutional authority in order to resolve co-ordination problems and pursue collaborative social goods, and a concept of autonomy to explain when and why self-direction is valuable. Second, I defend a social-relational conception of autonomy. The autonomous agent is powerful and authoritative, where this power and authority is in large part constituted, rather than merely affected, by the social structures and relations that we stand in. We are powerful and authoritative, I argue, when we stand in relations of non-domination: we are not vulnerable to arbitrary interference in our lives, and this non-vulnerability is defended in virtue of recognition respect for us as agents. There are two important implications of this account: that autonomy comes with a built-in equality condition whereby everybody’s autonomy is threatened if anybody’s is, and that there is no principled distinction to be drawn between ‘personal’ and ‘political’ autonomy. In the last three chapters, I suggest an autonomy-justified conception of authority. I argue for autonomy as the crucial collaborative good which authoritative institutions help us to pursue, and suggest that such institutions may legitimately claim authority if they act or effect actions in ways which are likely to promote or defend autonomy-constituting relations, and act or effect actions in ways consistent with maximal equal autonomy. Finally, I return to the anarchist argument, showing that while my accounts of autonomy and authority give us a plausible picture of how autonomy is compatible with genuinely authoritative institutions, this picture still has no room for the state. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

Aristotle considers friendship the greatest external good, one integral to the attainment of happiness. However, while Aristotle limits distrust to what he calls imperfect forms of friendship, subsequent philosophers have stressed our uncertainty regarding the benevolence, beneficence and loyalty we may expect of friends. They do so in part because overcoming this uncertainty requires the exercise of the virtues of trust and loyalty if our friendships are to survive intact. For example, insofar as Aquinas holds that we cannot scrutinize the (...) wills of others - thus inviting uncertainty regarding their present and future conduct - he argues that friendship requires the virtue of hope as a cause of friendly love, a hope which helps us to make virtuous presumptions about others' wills. Likewise, Kant argues that all de facto friendships are plagued by epistemic uncertainty regarding the wills of others. In consequence, he treats loyalty as an unenforceable ideal of virtue. Kierkegaard goes further, framing his treatment of non-agapic love - in which he argues that friendship cannot be ethically justified - with a discussion of deception in Works of Love. If Aristotle is correct in thinking that friendship `is a virtue, or involves virtue', and that `loving is the virtue of friends', then addressing the epistemological, conceptual, and normative concerns these philosophers have regarding trust and loyalty between friends is needed to understand a central goal of the ethical life: the perfection of love. After a historical survey of the thought of these four thinkers regarding the relationship between friendship and loyalty, this study suggests that contemporary problems about the origins, nature, and limits of loyalty can be fruitfully resolved using insights derived from the historical survey. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

El artículo defiende la tesis de que el liberalismo igualitario nos lleva a una teoría de justicia global y, como parte de ésta, a un derecho de inmigración. Así, el peso de la prueba contra la justicia global y la inmigración se desplaza hacia aquéllos que las desean limitar. Un argumento corriente es que las obligaciones especiales hacia nuestros conciudadanos tienen prioridad sobre las obligaciones generales de justicia. El artículo examina argumentos particularistas y reduccionistas a favor de estas obligaciones especiales, (...) y sostiene que éstos no justifican la restricción de la justicia hacia nuestros conciudadanos y tampoco la discrecionalidad total de los estados en el control de sus fronteras. (shrink)

This article, while disclosing the conception of rights, their relation to law and their nature, presents the constructive criticism and motivated support of legal personalism, i. e. the original theory presented by prof. A. Vaišvila. This article presents the criticism of terms “positive law” and “natural law”. It emphasizes that the term “natural rights,” while historically very important and common, is rarely used of late. The primary reason for its fall from favor seems to be that it was used in (...) too many different ways and therefore ceased to be useful. So, the author, while defending the indispensable relation between law and morals, offers the term “good morals” instead of “natural law” and also offers to refuse the usage of terms “positive law” and “natural law”. This article represents the view that morality is the source of law. The author accepts a position asserting that the terms “human rights”, “natural rights” and “fundamental moral rights” are synonymous. However, some institutional rights (for example, social rights) flow from statutes, but not morals. (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard to the moral acceptability (...) of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

El autor presenta en este texto diversos aspectos de su propuesta de teoría general de los derechos. Esta teoría toma a los legales como modelo de los derechos en general. Se plantea como primer objetivo la necesidad de esclarecer el discurso de los derechos, tanto por razones teóricas como prácticas, esto es, para detallar el alcance práctico de cada derecho. Este objetivo podría lograrse con la aplicación de categorías fundamentales que analizó W. N. Hohfeld al lenguaje de los derechos. También (...) se pone de manifiesto la naturaleza contenciosa de los derechos así como la complejidad de su estructura interna. Todos esos aspectos se reproducen en el caso de los derechos morales, cuyos singulares problemas de fundamentación también son abordados. El texto se cierra con algunas consideraciones relativas a los posibles titulares de los derechos y a una categoría singular de derechos: los derechos humanos. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...) right-holder, the competence requirement still holds for the type of rights a child holds. Children's interests are determined sufficiently strong to found a right when the claim-holder has the competence to realise the benefit to which that interest pertains. This allows us to recognise children as right-holders while constraining the types of rights they hold according to their developing competencies. (shrink)

Abstract:This paper is a preliminary attempt to better understand the concept of legitimacy in stakeholder theory. The normative component of stakeholder theory plays a central role in the concept of legitimacy. Though the elaboration of legitimacy contained herein applies generally to all “normative cores” this paper relies on Phillips’s principle of stakeholder fairness and therefore begins with a brief description of this work. This is followed by a discussion of the importance of legitimacy to stakeholder theory as well as the (...) general ambiguity of the term. A distinction is then drawn between normative and derivative legitimacy. Reference to this distinction helps distinguish between a relationship with the organization based on direct moral obligation and one based on the power to help or harm the organization. It is concluded that stakeholders who retain the ability to affect the organization arelegitimate(derivatively), but that this legitimacy is derived from the moral obligation owed other (normative) stakeholders and that the two sorts of legitimacy are importantly different from one another. An example of the normative/derivative distinction at work in managerial decision making is elaborated upon and managerial and research implications are then suggested. (shrink)

I have four responses to make, the first three very brief and the last not much longer.On the face of it, it looks as though in attributing rights to people one is saying something about their moral position. This is so for both option-rights and welfare-rights. On H.L.A. Hart's account of rights to freedom, that is exactly what one is doing. One is asserting that those who have the right have a special kind of justification for limiting the freedom of (...) others. On Professor Brandt's view, it appears that attributing a right to someone is just an oblique way of saying something about the moral position of others, and nothing more. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different consequences for the morality (...) of particular forms of punishment. I will argue that rights theories do employ a different justification of punishment, and that this justification combines many of the attractive features of the deterrence and retributive justifications while avoiding their unattractive features. In particular, I will argue that the rights-based justification has more attractive consequences for the morality of capital punishment than either the deterrence or retributive justifications. (shrink)

I explicate the distinction between ethics and morality in terms of four central contrasts, and argue (1) that moral theories that embrace the implicit divide are both theoretically and practically problematic in their failure to meet certain widely accepted standards of theoretical coherence and in their resulting propensity to generate indeterminable conflicts among norms, and (2) that social roles represent one aspect of the moral life that cannot be understood in terms of this distinction. My suggestion will be that we (...) ought to explore an interpretation of the moral realm according to which all moral attributes are relative to social roles, since a role-centered morality promises a way of overcoming this problematic divide. (shrink)

Rights might be regarded as an objectionable and even a dangerous feature of moral, political, and legal arrangements. It is an element of all types of rights that Able's having right X entails requirements or prohibitions for Baker. These restrictions hold against Baker at Able's discretion, that is unless Able excuses Baker from respecting them. Nor are the restrictions merely decorative. We must presume that they are established because of the expectation that Baker would otherwise be disposed to interfere with (...) the action Ms. Able's right warrants her in taking. Thus as writers as early as Spinoza have stressed, rights are powers – one might even say weapons – that Able may use against Baker. Of course, as a practical matter these “weapons” are frequently ineffective. Ms. Baker may willfully ignore her obligations and prevent Ms. Able from enjoying her entitlements. But such occurrences, as common and as unfortunate as they are, do not materially ease the task of justifying rights. It is only insofar as rights are effective, and hence only insofar as anyone will have reason to defend them, that they are weapons in Able's hands. (shrink)

This paper addresses two questions. First, how different is the ideal underlying deliberative democracy from the ideal expressed in contemporary liberal theory, especially contractualist theory and "political liberalism"? Second, what specific institutional prescriptions, if any, follow from deliberative democracy? It is argued that the deliberative ideal has become quite abstract and, in fact, does not differ significantly from many forms of contemporary liberalism. Moreover, it is something of an open question just what institutions best realize this ideal. Specifically, the ideal (...) does not necessarily require conventional, majoritarian institutions. (shrink)

It is universally agreed that involuntary unemployment is an evil for unemployed individuals, who lose both income and the non-pecuniary benefits of paid employment, and for society, which loses the productive labor that the unemployed are unable to expend. It is nearly as widely agreed that there is at least a prima-facie case for alleviating this evil – for reasons of justice and/or benevolence and/or social order. Finally, there is little doubt that the evils of involuntary unemployment cannot be adequately (...) addressed in contemporary societies without state intervention – whether through monetary or fiscal policies, cash payments or other subsidies to the unemployed, direct provision of employment by the state, or some combination of these measures. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...) conforming to the role's defining duties: namely, the identifying agent realizes the fundamental goods of meaning and self-determination by doing so. This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing. I also argue that role-identification provides a reason that shares many of the characteristics of a moral reason, and I argue that role-identification in tandem with the principle of fair play grounds a moral duty to conform to one's role-duties. (shrink)

I argue that obligations of an important type inhere in what I call 'joint commitments'. I propose a joint commitment account of everyday agreements. This could explain why some philosophers believe that we know of the obligating nature of agreements a priori. I compare and contrast obligations of joint commitment with obligations in the relatively narrow sense recommended by H. L. A. Hart, a recommendation that has been influential. Some central contexts in which Hart takes there to be obligations in (...) his sense are contexts in which there are obligations of joint commitment. Nonetheless, different senses of 'obligation' appear to be at issue. (shrink)

I attempt to show that it is notphilosophically incompetent to ground politicalobligation in feelings of gratitude. But theargument needs to be stated carefully.Gratitude must be distinguished fromreciprocity. It applies only to good governmentwhich provides benefits to citizens for whichthey ought to feel grateful. It applies only tocitizens who accept that their feelings ofgratitude are properly demonstrated by anacceptance on their part of the duties ofcitizenship. It does not apply to citizenswhose benefits are purchased at the expense ofthe unjust treatment of (...) fellow citizens. (shrink)

Goodin outlines specific ways to overcome the crisis through international means, requiring each nation to reduce its own hazardous production, and enjoining a collective effort to confront the challenge of global environmental deterioration.

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 challenges a reductive analysis of social practices by distinguishing five kinds of reason for following the rules of conventional practices. Depending on one’s preferred intellectual tradition, conventional practices enable coordination, facilitate cooperation, constitute activities, fulfil reciprocity, or specify abstract rights. Instead of being rival theories of social practices, these different models complement one another in a normative analysis of social practices. By distinguishing five kinds of reasons to follow conventional rules, this paper supports a more dynamic conventionalist analysis (...) of subjects like property, the law, professional obligation, civic responsibility, and culture. (shrink)

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)

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)

Poder-se-ia afirmar que os valores e ideais da modernidade conduzem à constituição das instituições do Estado Democrático de Direito. Trata-se de um longo e intrincado processo de feitura cujo resultado pode ser rastreado a partir de um complexo conjunto de visões teóricas e compromissos institucionais: princípios dos liberalismos político e filosófico, constitucionalismo e democracia deliberativa. Tal percurso revela-se acidentado, no entanto há uma presença constante entre os críticos da modernidade. Trata-se da perspectiva antiliberal de algumas posições conservadoras. Contemporaneamente, o quadro (...) das democracias ocidentais permite-nos rastrear as dimensões dessa críticatanto no que diz respeito às instituições representativas, quanto àinterpretação do papel e escopo de atuação do Direito no controle dos atos do Executivo. Ambas as posições se encontram vinculadas nos movimentos encetados por populistas plebiscitários em defesa de uma democraciailiberal. No presenteartigo, que se oferece como uma carta ou mapa de intenções para um plano de pesquisa futura, buscamos rastrear as bases de ambos os braços da crítica ao arranjo liberal das democracias constitucionais nas influências schmittianas sobre as reflexões de uma democracia iliberal parceira de um constitucionalismo do bem comum. (shrink)

ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection.

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

The proposed justification avoids problems that invalidate the familiar entitlement, utility, and interest-based justifications; interprets private property as necessary for controlling resources we need for our well-being; recognizes that the possession, uses, and limits of private property must be justified differently; and combines the defensible portions of the familiar but unsuccessful attempts at justification with a more complex account that combines the defensible portions of previous justificatory attempts with a new pluralistic approach that treats the right to private property as (...) a conventional, defeasible, but indispensable right. (shrink)

In this article we aim to reduce the force of the expensive tastes objection to equality of welfare by constructing a pluralist welfare egalitarian theory which is not defeated by it. In the first part, we argue that Cohen’s condition of responsibility-sensitiveness is not able to provide a satisfactory rebuttal of the expensive tastes objection for at least a class of theories of justice, namely those that adhere to a methodologically fact-sensitive view. In the second part, we explore the possibility (...) of constructing a welfare egalitarian theory that gives weight to both equality and efficiency. We propose two alternatives, which integrate a utilitarian constraint and a Weak Pareto constraint on equality and show that both theories consistently differentiate between compensable and non-compensable expensive tastes, but should ultimately be rejected because of other unattractive implications. Finally, we develop a fairness-constrained theory of welfare egalitarianism and suggest that it can distinguish between compensable and non-compensable expensive tastes in both a conceptually consistent and a morally plausible manner, without generating decisive additional objections. (shrink)

O presente artigo propõe uma abordagem dos direitos humanos a partir da perspectiva de Hume acerca dos sentimentos morais, ao mesmo tempo em que descarta a tese dos programas racionalistas de fundamentação dos direitos que chegam ao ponto de afirmar a existência de direitos naturais que todos possuiriam em razão de sua própria natureza humana. Contra esses programas, a postura cética e naturalista de Hume pode nos auxiliar a explicar o modo como os direitos humanos são enunciados por ativistas e (...) defensores, pois essa enunciação é motivada por paixões, assim como os juízos morais, que são formulados mediante a empatia compassiva que um homem nutre pelo próximo. Os direitos humanos são reivindicados a partir de exigências formuladas dentro de pequenos grupos e desde o contexto das obrigações específicas e, mesmo ao serem reivindicados contra um destinatário específico, os direitos humanos são enunciados como se fossem universais e inatos à espécie humana. Essa enunciação é sempre motivada por sentimentos que não nos permitem permanecer insensíveis às necessidades básicas sofridas por outras pessoas. (shrink)

This research is divided into two sections. In the first section a deep analysis of the theory of natural law designed by Germain Grisez and John Finnis, known as New Natural Law Theory, is developed, while the second section underlines some criticisms to the thesis supported by the two authors. More in details, the first section highlights the features of the New Classical Theory: on the one hand the elements belonging to the Thomistic tradition, on the other those belonging the (...) analytic area. Moreover the most important theoretical elements of this new philosophical theory are analyzed: the basic goods and the basic requirements of practical reasonableness. The basic goods are essential to build an integral human fulfillment. Instead, the basic requirements of practical reasonableness assess the action criteria, while respecting the natural law. Finally the section includes an highlight on the practical reason and the first principle of morality: “In voluntarily acting for human goods and avoiding what is opposed to them, one ought to choose and otherwise will those and only those possibilities whose willing is compatible with a will toward integral human fulfillment”. The second part of the first section examines in details the laws defined and established by the Governament. The following topics are covered: the Rule of Law, the qualities of a good law, the relationship between human law and natural law, the unjust laws, the link between public authority and people consensus, the principles of justice and freedom, the interaction immoral acts and punishment (main argument of the book “Making Men Moral” by Robert P. George). Within this second section, the Thomistic thesis is used to arise some criticism to the Finnis and Grisez’s ideas, being the main focus on: the foundation of natural law (metaphysics for Aquinas, empirical for Grisez and Finnis), the rejection of the ultimate end, the dynamic of moral action, the pre-morality of the basic goods, basic requirements of practical reasonableness, first principle of practical reason, the moral relevance of intention in actions, the principles of autonomy and self-determination. In the second half the lex humana, according to The Aquinas, is analysed and details are given as far as the purpose and nature of ius positivum, the human law content and validity as it is given by the natural law, the weaknesses of both laws (lex naturalis and lex humana), with the goal of making a comprehensive comparisons between the two. The research deals also with the concept of “common good”, as the set of conditions that is useful to live virtuously and the set of values that produces social cohesion. Finally the complex issue of unjust laws and “imperfect” laws are discussed. (shrink)

I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...) counterfactual condition. For this reason, I suggest that those who reject non-excludable benefits provided by the state have a duty to support their rejection with adequate reasons. Failing that, they can be permissibly treated as if they had fair-play obligations (although in fact they might not have them). Thus, I claim that there is a distinction, largely unappreciated, between the question of whether we have a duty of fairness to obey the law and the question of whether we can be permissibly treated as if we had one. (shrink)

The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...) and ‘justice as reciprocity’ theories are explored. It is argued that both theories fail to support the case against the secession of wealthy groups. ‘Subject centred’ theories cannot explain special duties toward compatriots, whereas ‘justice as reciprocity’ theories cannot justify restrictions on exit rights. However, this does not mean that separatists have no moral duties vis-à-vis their fellow citizens. They are obliged to dissolve the political union in a fair way, e.g., by accepting responsibility for some share of the public debts. (shrink)