In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, particularly in (...) the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs. (shrink)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Rawlsians argue for principles of justice that apply exclusively to the basic structure of society, but it can seem strange that those who accept these principles should not also regulate their choices by them. Valid moral principles should seemingly identify ideals for both institutions and individuals. What justifies this nonintuitive distinction between institutional and individual principles is not a moral division of labor but Rawls’s dual commitments to conventionalism and constructivism. Conventionalism distinguishes the relevant ideals for evaluating institutions from those (...) for evaluating actions, while constructivism explains why this distinction is morally fundamental. (shrink)

That lawiscoercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

Elsewhere I have defended utilitarianism as a philosophy peculiarly well suited to the conduct of public affairs, on grounds of the peculiar tasks and instruments confronting public officials. Here I add another plank to that defence of ‘utilitarianism as a public philosophy’, focusing on the peculiar role responsibilities of people serving in public capacities. Such ‘public service utilitarianism’ is incumbent not only upon public officials but also upon individuals in their capacities as citizens and voters. I close with reflections on (...) how best to evoke appreciation of these utilitarian role responsibilities from officials and electors alike. (shrink)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

The philosophical problems of liberty may be classified as those of definition, of justification and of distribution. They are so complex that there is a danger of being unable to see the wood for the trees. It may be helpful, therefore, to provide an aerial photograph of a large part of the wood, namely, the liberty ofindividual persons. But it is, of course, a photograph taken from an individual point of view, as Leibniz would have put it.

Coercion and the State: A review of B Sharon Byrd and Joachim Hruschka, Kant's Doctrine of Right: A Commentary by Helga Varden.

Is it true that utilitarianism can accommodate the modern belief that human beings have certain moral rights against everybody ‘just in virtue of their human nature?’ I should have thought the most a utilitarian could grant was that we had rights just in virtue of the utility of respecting such rights, not just in virtue of our human nature. In fact, that is more like the view Professor Brandt actually supports. What he argues is that there is not the a (...) priori difficulty with the idea of utilitarian moral rights that some philosophers have thought there was. However, I think the possibility of utilitarian moral rights is not the same as the view that we all have human rights against everybody just in virtue of our human nature. As I hear it, ‘just in virtue of our human nature’ is an alternative to a utilitarian basis for rights. I'll return to that. (shrink)

Do members of democratic societies have a moral right that others not actively prevent them from engaging in wrongdoing? Many political theorists think that they do. “It is a feature of democratic government,” Michael Walzer writes, “that the people have a right to act wrongly—in much the same way that they have a right to act stupidly”. Of course, advocates of a democratic right to do wrong may believe that the scope of this right is limited. A majority in a (...) democratic society, for example, may not have a moral right against being prevented from enslaving or arbitrarily disenfranchising a minority, or if it were to launch a wrongful aggressive war against another society. But many join Walzer in asserting that it would be wrong in principle to intervene to prevent some wrongs that democratic societies would inflict. This thesis, which we call the democratic right to do wrong thesis (DRTDWT), can be formulated as follows: DRTDWT – For democratic societies A and agents B, there is a class of wrongful policies and institutions X, such that if A chooses to implement members of this class pursuant to democratic procedures, B has a duty not to actively intervene to prevent the implementation of X. Our goal in this essay is to show that the DRTDWT should be rejected. (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)

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)

The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.

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)

Millions of people in our world are in need of assistance: from the global poor, to refugees, from the victims of natural disasters, to those of violent crimes. What are our responsibilities towards them? Christian Barry and Gerhard Øverland’s answer is plausible and straightforward: we have enforceable duties to assist others in need whenever we can do so ‘at relatively moderate cost to ourselves, and others’. Barry and Øverland defend this answer on the ground that it best fits our intuitions (...) in a variety of hypothetical rescue scenarios. I argue that, although Barry and Øverland’s view is intuitively appealing, appeal to intuitive cases is insufficient to vindicate it satisfactorily. Intuitive cases alone do not allow us to establish: (i) what costs count as moderate and (ii) whether assistance-based responsibilities are, in fact, enforceable. These considerations suggest that Barry and Øverland’s defence of their preferred answer to the assistance question may be incomplete. (shrink)

Donnelly's essay reconstructs the scholarly discourse on human rights that began with the initial mid-1970s "innovative and controversial" approach of linking human rights to foreign policy.

In trust relationships, one person has a ‘beneficial interest’ in another’s performance. The former not only would but should benefit from the latter’s action, and the latter has a ‘fiduciary duty’ toward the former to so act. But where that act would otherwise be wrong, the first person’s beneficial interest would be providing a pro tanto reason for the second person to do something that is pro tanto wrong. That reason can – and should – be removed by the former (...) renouncing their beneficial interest in the latter’s pro tanto wrongful action. Doing so would cancel the fiduciary’s excuse for wrongdoing on the beneficiary’s behalf. (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)

Joseph Raz’s theory of authority has become influential among moral, political, and legal philosophers. This article will provide an overview and accessible explanation of the theory, guiding those coming to it for the first time as to its theoretical ambitions within the wider issues of authority, and through its intricacies. I first situate the theory among philosophical examinations of authority, and then explain the theory itself in detail.

The case for U.S. health system reform aimed at achieving wider insurance coverage in the population and disciplining the growth of costs is fundamentally a moral case, grounded in two principles: (1) a principle of social justice, the Just Sharing of the costs of illness, and (2) a related principle of fairness, the Prevention of Free‐Riding. These principles generate an argument for universal access to basic care when applied to two existing facts: the phenomenon of “market failure” in health insurance (...) and, in the U.S., the existing legal guarantee of access to emergency care. The principles are widely shared in U.S. moral culture by conservatives and liberals alike. Similarly, across the political spectrum, the fact of market failure is not contested (though it is sometimes ignored), and the guarantee of access to emergency care is rarely challenged. The conclusion generated by the principles is not only that insurance for a basic minimum of care should be mandatory but that the scope of that care should be lean, efficient, and constrained in its cost. -/- . (shrink)

There are many reasons for dissatisfaction with current U.S. health care. One-sixth of the population is uninsured, costs are 150-200% of those in other economically advanced nations, and the quality of care, as measured by disease specific mortality and morbidity data, is rarely better and often worse than in others nations’ less costly systems. A case for reform can mirror any or all of these concerns: cover more of the population with insurance, control costs, improve the effectiveness of prevention and (...) treatment. I argue that two of these goals — greater population coverage and more disciplined costs — gain a significant part of their justification from moral beliefs about justice and fairness. (shrink)

Abstract. The article discusses the importance of three extra-legal sources—divine inspiration, natural law, and morality—for a full understanding and effective application of law. Each source is seen as vital due to its ability to compensate for the shortcomings of the other two sources. No source, including belief, is seen as necessarily incompatible with the doctrinal pluralism characteristic of modern societies.

The moral foundations of the free society are not epitomized by democratic decisions about costs and benefits, as Michael Novak recently argued in The American Vision: An Essay on the Future of Democratic Capitalism. Nor is equality of opportunity, insured through government measures that prohibit private discrimination, a component of the liberty that characterizes the free society, as Milton and Rose Friedman recently argued in their Free To Choose. Rather, it is the theory of rights — which is the theory (...) of private property, broadly understood — that underpins and epitomizes the free society, justifying the capitalist economic order in the process. For that theory describes our basic moral and legal relationships, and shows as well that capitalism, unlike socialism, is a fundamentally moral system. (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)

What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...) putative rights are defeasible. I argue here that putative inheritance rights are best made sense of as interest-rights. However, while agents may have interests in bequest and inheritance, it is also plausible that the community as a whole has interests that would be served by a confiscatory inheritance tax; and if inheritors’ and testators’ interests are strong enough to generate a prima facie right, it is also plausible that the community would have a competing prima facie right. Importantly, there is reason to think that the community’s interests trump the testator’s and the inheritor’s; if there are thoroughgoing rights in respect of inheritance, it is not at all clear that a highly confiscatory tax would violate them. (shrink)

The main difficulty utilitarians have faced is the problem of reconciling the dictates of utility with what seem clearly to be moral duties, but based on considerations of Justice. John Stuart Mill addressed this problem in his essay,Utilitarianism,and the result has not served to silence the critics of utilitarianism on this score. In part, this is due to the fact that Mill's position in the chapter on Justice is not entirely clear, nor is it entirely convincing where it is clear. (...) Still, I do not think Mill's views on Justice have been given their due. In this essay, I shall try to show that Mill anticipated recently defended principles that rely on appeal to a notion of fairness or fair play, and that these can be given a utilitarian foundation. (shrink)

In spite of the burgeoning philosophical literature on human dignity, Stephen Darwall's second-personal account of the dignity of persons has not received the attention it deserves. This article investigates Darwall's account and argues that it faces a dilemma, for it succumbs either to a problem of antecedence or to the wrong kind of reasons problem. But this need not mean one should reject a second-personal account. Instead, I argue that an alternative second-personal conception, one I will call relational, promises to (...) solve the dilemma by avoiding both the problem of antecedence and the wrong kind of reasons problem. More generally, distinguishing these two second-personal conceptions of the dignity of persons is important to enrich the available philosophical accounts of human dignity. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen’s liberty to reciprocate (...) fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko’s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

MARXISM AND LIBERALISM edited by Ellen Frankel Paul, Fred D. Miller, Jr., Jeffrey Paul and John Ahrens New York: Basil Blackwell, 1986. 223 pp., $14?95 (paper) LIBERALISM by John Gray Minneapolis: University of Minnesota Press, 1986. 106 pp., $9.95 (paper).

For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam, whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron’s strategy of exhibiting property rights as justified by Locke’s theory of property as a case of rights in rem that (...) are also special rights. Moreover, despite what ‘in rem’ means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by ‘everyone’, understood in a dynamic sense I undertake to specify. (shrink)

The search for moral objectivity has been constant throughout the history of philosophy, although interpretations of the nature and scope of objectivity have varied. One aim of the pursuit of moral objectivity has been the demonstration of what may be termed its epistemological thesis, that is, the claim that the truth of assertions of the goodness or rightness of moral acts is as legitimate, reliable, or valid as the truth of assertions involving other forms of human knowledge, such as common (...) sense, practical expertise, science, or mathematics. Another aim of the quest for moral objectivity may be termed its pragmatic formulation ; this refers to the development of a method or procedure that will mediate among conflicting moral views in order to realize a convergence or justified agreement about warranted or true moral conclusions. In the ethical theories of Aristotle, David Hume, and John Dewey, theories that represent three of the four variants of ethical naturalism that are surveyed in this essay, the epistemological thesis and the pragmatic formulation are integrated or combined. The distinction between these two elements is significant for the present essay, however, since I want to show that linguistic naturalism, the fourth variant I shall examine, has provided a demonstration of the epistemological thesis about moral knowledge, even if the pragmatic formulation has not been successfully realized. (shrink)

I argue that rights that protect our performance of roles are grounded in our interests in performing that role. Many of valuable roles are partly constituted by duties or obligations. Nonetheless these roles—even apparently burdensome roles—contribute to our interests. Once it is bestowed upon them, the role has special value to its bearer. Under certain conditions, the individual’s interest in performing their role is sufficient to ground rights. I conclude by briefly discussing the possibility of detached or non-committed rights attributions. (...) Within law and other systems of positive norms, role-based rights may also be attributed in a non-committed way in situations where it is believed by others that the roles in question are grounded in the interests of their bearers. (shrink)

This piece argues that free migration was a central if implicit part of the liberal social contract and that America’s founders were both aware of this and exploited it to legitimate their new state. The piece begins by describing this uniquely American contribution to liberal political thought. It then juxtaposes this contribution against the nature of our own international order, to show just how foreign the American Century has become. The piece closes with a short depiction of what an American (...) Century would look like today—were it true to this early ideal—and comments on its feasibility. (shrink)