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

Our capacity for impersonal reflection, for looking at our own perspective from without, as part of a world that exists independently of us, is our most distinctive trait as human beings. It finds its most striking expression in our moral thinking. For we are moral beings insofar as we stand back from our individual concerns and see in the good of others, in and of itself, a reason for action on our part. It is not, to be sure, in morality (...) alone that we exercise this power of impersonal reflection. We do so too, whenever we set about weighing the evidence for some belief without regard for what we would like to be true or for what common opinion would say. Yet nowhere does this self-transcendence show forth more vividly than when we turn our attention from our own happiness to that of another, taking the same immediate interest in that person's goodas we naturally harbor for our own. In this essay, I explore the way that the moral point of view is shaped by the nature of impersonal reflection and thus constitutes a signal expression of our humanity. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (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)

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)

A method of reflective equilibrium is adumbrated and then used to test the adequacy of moral conceptions appealing to fundamental human rights against Nietzschean conceptions of morality which would reject such an appeal. There is an attempt here both to articulate and critically probe a distinctive moral methodology (the method of reflective equilibrium) and to examine skeptical challenges to a foundationalism which would ground morality in fundamental rights claims. I attempt a partial testing of such a moral methodology by examining (...) its ability to meet such skeptical challenges to the rational grounding of human rights, and I assess (and this is plainly a reciprocal process) the depth of such skeptical challenges by the ability of such challenges to survive such an application of a method of reflective equilibrium. If that method is applied with discrimination and understanding, is it sufficient to defuse skeptical challenges to the pervasive belief that either rationality or the very taking of the moral point of view requires the acceptance of the belief that the design of morally acceptable social institutions and practices must be such that they aim at achieving a state of affairs in which all human beings are to be afforded equal consideration? Can a method of reflective equilibrium establish that a good society must embody such a commitment to an equality of human rights? (shrink)

University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in the USA, (...) Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian (...) conceptions—and draw on this account to show how the theory can overcome the objections. (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.

That law is coercive 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.

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered (...) a form of consent – that makes political institutions practically authoritative. (shrink)

In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

What might be termed 'the problem of morality' concerns how freedom-restricting principles may be justified, given that we value our freedom. Perhaps an answer can be found in freedom itself. For if the most obvious reason for rejecting moral demands is that they invade one's personal freedom, then the price of freedom from invasive demands that others would otherwise make may well require everyone accepting freedom in general, say, as a value that provides sufficient reason for adhering to principles that (...) serve to maximize, or at least safeguard, freedom in general. But then it is precisely such a value, freedom in general, which can be argued to ground an adequate moral system. Hence whereas the value of freedom appears at first sight to pose problems for moral systems, it can be employed to ground a certain variety of them. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

abstract The paper considers what (if anything) can justify that a utopian community or a micro‐society makes an exception to the general rules of society for itself. The discussion evolves around the Danish case of Christiania. Three moral theories, to wit Kantian constructivism, rule‐consequentialism and act‐consequentialism, are applied to the case at hand. The aim is to test whether the exceptions in question are unjust or in other ways morally problematic. The two former theories appear to deny the justice of (...) Christiania. The relevant exceptions are unacceptable according to those two moral perspectives. Act‐consequentialism, however, seems to endorse the case of Christiania, including the exceptions pertaining to it. While the latter theory is often thought to conflict with widely shared reflective moral convictions, in this case it might square with at least an important pragmatic layer of Danish public culture. (shrink)

Twenty psychologists were interviewed about an ethical dilemma that they had found to be particularly difficult to resolve. In just under half of the cases the dilemma involved a perceived conflict of ethical principles (e.g., the welfare of the consumer vs. the right to privacy). In the other cases, the psychologists were prevented from following an ethically prescribed course of action by some nonethical consideration such as contractural obligation, legal requirement, or the demands of an employer. We discuss the implications (...) of these two sorts of dilemmas for psychological practice and make some suggestions for proactive approaches to ethical problem solving. (shrink)

This essay critically examines three theories of moral rights, theBenefit, the Interest, and the Choice theories. The Interest andChoice theories attempt to explain how rights can be more robustthan seems possible on the Benefit theory. In particular, moralrights are supposed to be resistant to trade-offs to supportprincipled anti-paternalism, to constitute a distinct dimensionof morality, and to provide right holders with a range ofdiscretionary choice. I argue that these and other featuresare better yet provided by a fourth theory of moral rights, (...) theJurisdiction theory. (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.

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.

: Margaret Walker's Moral Understandings offers an "expressive-collaborative," culturally situated, practice-based picture of morality, critical of a "theoretical-juridical" picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the "theoretical-juridical" model, and asks how Walker's approach would apply to several ethical issues, including interaction with (other) animals, social reform and revolution, and basic human rights.

This essay defends a new account of wrongful benefiting based on the principle of fair play. In particular, I argue that certain structurally-conferred group-based benefits or privileges can ground obligations on the part of innocent beneficiaries to relinquish specific gains for purposes of redistribution regardless of whether their receipt is sourced in wrongdoing or involves the imposition of harm upon relevant others. I call this approach to fair play reasoning externalist insofar as it turns on a novel conception of free-riding (...) that eschews necessary appeal to beneficiaries’ mental states or volition. After presenting an empirical example to help illustrate the sort of benefiting at issue and distinguishing my account from arguments rooted in the notion of structural injustice, I defend it via what I call the extension argument, respond to two salient objections, and close by suggesting its potential political utility in the American context specifically. (shrink)

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)

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)

This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these factors suggests greater (...) explanatory force of an alternative view she dismisses, to which she refers as the ‘deflationary view.’ In addition, among alternative theories that Valentini rejects is one based on the principle of fair play. I respond to Valentini’s criticisms, thereby demonstrating the continuing applicability of fair play. (shrink)

Em Uma Teoria da Justiça, John Rawls explicou o intuicionismo como a doutrina que professa o pluralismo irredutível de princípios morais, princípios estes cujos conflitos não poderiam ser resolvidos de maneira principiológica. Segundo Rawls, não se pode oferecer um argumento abstrato que prove que o pluralismo moral é falso. Mas seria possível mostrarmos aquilo que o intuicionista nega existir: o princípio moral mais fundamental, que sistematiza nossas obrigações morais. Este princípio, de acordo com Rawls, seria o princípio da equidade. Neste (...) artigo, eu argumento que Rawls fracassa diante dos intuicionistas. Meus argumentos se valem de uma análise da aplicabilidade do princípio da equidade ao caso das promessas. Primeiro, eu defendo que o princípio da equidade só poderia explicar obrigações morais em geral se ele pudesse conter em sua fórmula um caso paradigmático das obrigações que ele pretende explicar: justamente as obrigações promissórias. Depois, eu procuro mostrar que as mesmas obrigações promissórias contêm um traço essencial que o princípio da equidade não seria capaz de explicar, mesmo que pudesse explicar obrigações morais em geral: o caráter especial das obrigações para com os destinatários das promessas. No primeiro ponto, a minha investigação expande as críticas de Robert Nozick a uma versão do princípio da equidade apresentada por H.L.A. Hart. No segundo, eu desenvolvo objeções feitas por Stephen Darwall contra a teoria prática das promessas, incluindo a teoria de John Rawls. (shrink)

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)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.