Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

My aim in this chapter is to push back against the tendency to emphasize Mill’s break from Bentham rather than his debt to him. Mill made important advances on Bentham’s views, but I believe there remains a shared core to their thinking—over and above their commitment to the principle of utility itself—that has been underappreciated. Essentially, I believe that the structure of Mill’s utilitarian thought owes a great debt to Bentham even if he filled in that structure with a richer (...) conception of human nature and developed it in more liberal directions. This commonality is revealed, in particular, in Mill’s own institutional designs and practical reform proposals in Considerations on Representative Government and related writings. If this is right, then the tendency of interpreters to highlight their differences rather than their similarities has been to the detriment of both Mill and Bentham scholarship, and so to our understanding of the rise of liberal utilitarianism. (shrink)

John Stuart Mill argued, in hisPrinciples of Political Economy(1848, 7th edn., 1871), that existing laws and customs of private property ought to be reformed to promote a far more egalitarian form of capitalism than hitherto observed anywhere. He went on to suggest that such an ideal capitalism might evolve spontaneously into a decentralized socialism involving a market system of competing worker co-operatives. That possibility of market socialism emerged only as the working classes gradually developed the intellectual and moral qualities required (...) for worker co-operatives to succeed against private firms. Workers would tend to reject the hierarchical wage relation as they developed the requisite personal qualities, he believed, and capitalists, facing escalating wages for skilled labour as a result of the diminishing supply of high-quality workers for hire, would tend to lend their capital to the worker co-operatives ‘at a diminishing rate of interest, and at last, perhaps, even to exchange their capital for terminable annuities. In this or some such mode’, he speculated, ‘the existing accumulations of capital might honestly, and by a kind of spontaneous process, become in the end the joint property of all who participate in their productive employment: a transformation which, thus effected, (and assuming of course that both sexes participate equally in the rights and in the government of the association) would be the nearest approach to social justice, and the most beneficial ordering of industrial affairs for the universal good, which it is possible at present to foresee.’. (shrink)

In an interesting letter to Anna George, the daughter of Henry George, Bernard Shaw wrote: “Your father found me a literary dilettante and militant rationalist in religion, and a barren rascal at that. By turning my mind to economics he made a man of me”. I am not able to determine what making a man of Bernard Shaw would exactly consist of, but it is clear that the kind of moral and social problems with which Shaw was deeply concerned could (...) not be sensibly pursued without examining their economic aspects. For example, the claims of property rights, which some would defend and some would dispute, are not just matters of basic moral belief that could not possibly be influenced one way or the other by any empirical arguments. They call for sensitive moral analysis responsive to empirical realities, including economic ones. (shrink)

Abstract.The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal‐rights system which accommodates rights among others goals, can overcome the non‐consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

Jeremy Bentham is usually seen as an anti-realist political thinker, or a proponent of what Bernard Williams has termed ‘political moralism’. This article questions that prevalent view and suggests instead that there are good grounds for considering Bentham a political realist. Bentham’s political thought has considerable commonalities with that of the sociologist and political realist Max Weber: both agree that politics is a unique domain of human activity defined by its association with power; that consequently, ethical conduct is unavoidably inflected (...) by power in politics; that a commitment to truth in politics can only ever be contingent; and that politics has a set of basic conditions that it would be not only misguided but dangerous to attempt to transcend. Whilst it is often held that Bentham advanced a reductive framework for understanding politics, in fact, his utilitarianism was a far more realistic approach to political ends and means than has generally been acknowledged, and one that contemporary political theory realists would benefit from taking seriously. (shrink)

The relationship between Bentham's ‘enunciative principle’ and his ‘censorial principle’ is famously problematic. The problem's solution is that each person has an overwhelming interest in living in a community in which they, like others, are liable to punishment for behaviour condemned by the censorial principle either by the institutions of the state or by the tribunal of public opinion. The senses in which Bentham did and did not think everyone selfish are examined, and a less problematic form of psychological hedonism (...) than Bentham's is proposed. (shrink)

In this paper, I sketch out and assess two readings of Bentham's theory of meaning, one reductive (Section 2), the other quasi‐pragmatist (Section 3)—both implicating Bentham's ontological and epistemological views. I focus on the way these readings would understand Bentham's analyses of claims in moral and political discourse that rely on putatively normative notions such as obligations and rights, good and bad, and what ought to be the case. I conclude the paper by suggesting tentatively that the independent merits of (...) both readings could signal an irreconcilable tension at the heart of Bentham's thought (Section 4). (shrink)

In “Sidgwick on Bentham: the ‘Double Aspect’ of Utilitarianism”, Schofield argued that Bentham did not regard his psychological theory as part of his utilitarianism and that natural benevolence is at his disposal to mitigate the problem of the “double aspect” of utilitarianism. This paper argues that Bentham regarded his psychological theory as part of his utilitarianism and that, in a manner quite distinct from an internal, benevolence approach, he took advantage of self‐preference and thus adopted a self‐preference and artificial means‐based (...) approach, thereby still maintaining an internal approach supported by external, institutional contrivance. In so doing, he argued first that self‐preference could add to the greatest happiness; second, that benevolence would tend to facilitate the achievement of the greatest happiness, with the consequence that he endorsed the artificial cultivation of benevolence; and third, that the artificial means of the junction‐of‐interests‐prescribing principle should be adopted to bridge the gap between self‐preference and the greatest happiness. Sidgwick failed to appreciate the depth and sophistication of Bentham's logic. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 386-414, December 2021.

The basic work for this book was carried out during the spring of 1989 in Edinburgh, where I had been granted a research position at The Institute for Advanced Studies in the Humanities. I should like to express here my indebtedness to the Institute for the opportunity thus afforded me. I should also like to say how very grateful I am for the stimulating conversations I had there with Professor Timothy Sprigge and Dr. Elizabeth Telfer. Dr. Telfers’s own treatise Happiness (...) has been a major influence on my view of the questions involved. The basic view of health and illness presented in this book is more fully set out in my On the Nature of Health. As in the case of my previous larger projects, I have received a great amount of support and may wise comments from Professor Ingmar Pörn, Helsinki. Three Danish experts – Anton Aggernaes, Erik Ostenfeld and Peter Sandøe – have made valuable comments. Professor Heng ten Have, Nijmegen, has improved my reading of the philosophy of Jeremy Bentham. I should also like to thank my colleagues at the Department of Health and Society, University of Linköping, for helping me to avoid a number of the pitfalls that can so easily stumble into when it comes to a treatise like this. Especially I should like to mentioned Per-Erik Liss, Ingemar Nordin and Bo Petersson, all three of whom have read and commented on the entire manuscript. A Swedish version of this book, Livskvalitet och hälsa, came out in 1991. I have been made quite a number of corrections and additions, one type of addition being replies to critical points made in reviews of the Swedish version. I should like to thank Malcolm Forbes for valuable help putting my English into publishable condition. Linköping, May 1993 Lennart Noredenfelt. (shrink)

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)