In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution is (...) realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional law is experienced as “natural” through the phenomenological experience of cinema. (shrink)

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...) to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

The financial crash of 2008 following the selling of fictitious derivatives was a crisis of both rationality and values whose aftermath has thrown the legitimation of deregulated markets, and governments, into question. This paper critiques the Becker metaphor of human capital and submits that human value is central to and the fulcrum of both economic and social values. It illustrates that Hume and Adam Smith directly countered the Hobbesian hypothesis that human nature is based only on self-interest, distinguishes market values (...) from social values, explicit from implicit values and parallels Sen in adopting an ordinal ranking of what people value rather than a search for cardinality. It draws on cognitive psychology, neural research, revealed preference theory and a principle of implicit verification. It also outlines implications for what Adam Smith centrally valued as concern for the welfare of the whole of society. (shrink)

The importance of Pyrrhonism to Hobbes's political philosophy is much greater than has been recognized. He seems to have used Pyrrhonist arguments to support a doctrine of moral relativity, but he was not a sceptic in the Pyrrhonist sense. These arguments helped him to develop his teaching that there is no absolute good or evil; to minimise the purchase of natural law in the state of nature and its restrictions on the right of nature; virtually to collapse natural law into (...) civil law; and to make the sovereign the political, moral and theological epicenter of his political system. (shrink)

This article examines the existing confusion over the multiple leadership styles related to successful implementation of corporate social responsibility/sustainability in organisations. The researchers find that the problem is the complex nature of sustainability itself. We posit that organisations are complex adaptive systems operating within wider complex adaptive systems, making the problem of interpreting just in what way an organisation is to be sustainable, an extraordinary demand on leaders. Hence, leadership for sustainability requires leaders of extraordinary abilities. These are leaders who (...) can read and predict through complexity, think through complex problems, engage groups in dynamic adaptive organisational change and have the emotional intelligence to adaptively engage with their own emotions associated with complex problem solving. Leaders and leadership is a key interpreter of how sustainability of the organisation ‘links’ to the wider systems in which the organisation sits, and executing that link well requires unusual leaders and leadership systems. (shrink)

In including a well-regulated pride among the virtues that are both useful and agreeable to oneself, Hume challenges not only theological, but also secular accounts that view pride as a vice. I examine Hume's evolving views on pride in relation to the secular view that regards pride as vicious. I suggest Hume's account of pride in his later moral philosophy has a new emphasis on dignity, and reflects a distinctively modern outlook on the role of humanity in evaluating virtue and (...) vice. (shrink)

In the study of politics, Cambridge is sometimes associated with a school of political philosophical “realism.” This article discusses what realism in political philosophy might mean, by examining first what might count as “unrealistic” political philosophy (looking at Sidgwick and Rawls), and then some recent attempts to identify a more realistic philosophical approach to politics. It argues that realistic political philosophy tends to emerge as a thin account of politics that falls between the stools of either more philosophical (i.e., more (...) idealistic) or less philosophical (i.e., more historical) accounts. It illustrates this in relation to Sidgwick and also Hobbes, who is often held up as the quintessential realist in the history of political philosophy. (shrink)

Welfare is at least occasionally a temporal phenomenon: welfare benefits befall me at certain times. But this fact seems to present a problem for a desire-satisfaction view. Assume that I desire, at 10am, January 12th, 2010, to climb Mount Everest sometime during 2012. Also assume, however, that during 2011, my desires undergo a shift: I no longer desire to climb Mount Everest during 2012. In fact, I develop an aversion to so doing. Imagine, however, that despite my aversion, I am (...) forced to climb Mount Everest. Does climbing Mount Everest benefit me? If so, when? A natural answer seems to be that if in fact it does benefit me, it benefits me at no particular time, and hence the desire-satisfaction view cannot accommodate the phenomenon of temporal welfare. In this paper, I argue, first, that a desire-satisfaction view can accommodate the phenomenon of temporal welfare only by accepting what I call the “time-of-desire” view: that p benefits x at t only if x desires p at t . Second, I argue that this view can be defended from important objections. (shrink)

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light of these problems, this paper instead proposes (...) that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (shrink)

(2013). Hume's Theory of Pity and Malice. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 324-344. doi: 10.1080/09608788.2012.692664.

According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non-moral or non-normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in (...) order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

The aim of this paper is to critically review the game-theoretic discussion of Hobbes and to develop a game-theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game-theoretic representation of which requires the prisoner's dilemma and the assurance game and the so-called assurance dilemma. (...) However, the “state of war” ultimately emerges from situations that cannot be described by any of these games because they represent zero-sum games in which the outcome of mutual cooperation does not exist. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

Is morality biologically altruistic? Does it imply a disadvantage in the struggle for existence? A positive answer puts morality at odds with natural selection, unless natural selection operates at the level of groups. In this case, a trait that is good for groups though bad for individuals can evolve. Sociobiologists reject group selection and have adopted one of two horns of a dilemma. Either morality is based on an egoistic calculus, compatible with natural selection; or morality continues tied to psychological (...) and biological altruism but not as a product of natural selection. The dilemma denies a third possibility—that psychological altruism evolves as a biologically selfish trait. I discuss the classical treatments of the paradox by Charles Darwin and Robert Trivers, focusing on the role they attribute to social emotions. The upshot is that both Darwin and Trivers sketch a natural-selection process relying on innate emotional mechanisms that render morality adaptive for individuals as well as for groups. I give additional reasons for viewing it as a form of natural, instead of only cultural, selection. (shrink)

While Descartes’s Passions of the Soul has been taken to hold a place in the history to human physiology, until recently philosophers have neglected the work. In this research summary, I set Descartes’s last published work in context and then sketch out its philosophical significance. From it, we gain further insight into Descartes’s solution to the Mind--Body Problem -- that is, to the problem of the ontological status of the mind--body union in a human being, to the nature of body--mind (...) causation, and to the way body-caused thoughts represent the world. In addition, the work contains Descartes’s developed ethics, in his account of virtue and of the passion of générosité in particular. Through his taxonomy of the passions and the account of their regulation, we also learn more about his moral psychology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ecological Ethics: An IntroductionDavid Keller (bio)Patrick Curry, Ecological Ethics: An Introduction. Malden, Massachusetts: Polity Press, 2007, 173pages.Were I in Bath having drinks with Patrick Curry, we would have much to agree about. Explaining his choice of title of his book, Ecological Ethics, he rightly points out that the more common descriptor "environmental ethics" presupposes a dualism between human beings and the nonhuman environment—an assumption which is itself anthropocentric (...) (p. 4). For philosophers interested in studying the human/ nonhuman dynamic, the legitimacy of anthropocentrism is itself an open question. Because the word 'ecology' treats humans, as biota, as integral parts of ecological systems, the phrase "ecological ethics" is less presumptuous and hence more accurate. The word 'ecological' also has the benefit of conveying the message that the subject is notgoing to involve extending moral considerability from humans out into the "environment." Instead, ecological systems as the locus of value provide the starting point for the elaboration of ethics (p. 2). For Curry, as for Leopold (1960) and Callicott (1989), "ecological community" is coextensive with the ethical community.To correlate the ethical community with the biotic community within the rubric of "ecological ethics" is nothing novel. Curry's claim that "there is something ancient about an ecological ethic" (p. 7) got me thinking: [End Page 153]prior to Abrahamic monotheism and Greek rationalism, ancient peoples, particularly nomadic hunter-gatherers, probably considered themselves as integral parts of what encompassed them, moving with herds, in concert with meteorological and seasonal changes, seeing themselves as one amongst other living beings. They probably did not see themselves apart from the "environment" as we have learned to do. Then with the advent of agriculture, linear furrows and controlled inundations must have fostered an addictive sense of security from flood and famine. Later, the innovations of industrial civilization further distanced us from the caprice of nature's wild vicissitudes. Yet that comfort comes at the expense of lost awareness of our responsibilities as bioticcitizens. Therefore, Curry says, following Sylvan (1973), we need a new ecological ethic since traditional Western morality "is no longer up to the job" (ibid.).Curry remarks that ethics, cast in this light, is not something "optional," something to be addressed after one's belly is full, debts settled, and lodging secured. Rather, ethics cuts directly to the core of human action, of all human activity (p. 5)—a claim reminiscent of Socrates' exhortation to Thrasymachus that it is no small matter that they are discussing, nothing of less importance than the right way to live one's life (Plato 2005, p. 603).Over the first sips of ale, I would praise him for giving his book a simple and straightforward structure that makes a challenging subject accessible, especially to students. After laying down the groundwork of basic concepts in moral philosophy (chapter 3)—objectivism versus relativism, the problem of the is/ought gap, religious morality and environmental philosophy (domination, stewardship, and managerialism), and virtue and rule-based ethics (chapter 4)—Curry addresses axiology (chapter 5). Are humans the sole locus of value (anthropocentrism), or are there other entities worthy of some sort of moral consideration who themselves do not carry the burden of moral responsibility (zoocentrism, biocentrism, ecocentrism)? Curry answers the latter in the affirmative, arguing that ontological interconnectedness of humans with other living beings within ecological systems discloses that something greater than humanity is the locus of value (p. 46).The most useful part of the book for my students out in Utah would be the middle chapters (6–8) in which Curry casts degrees of nonanthropocentrism [End Page 154]in shades of green. These shades range from light green or "shallow" anthropocentric ethics such Bookchin's Social Ecology (p. 50), Hardin's Lifeboat Ethics (pp. 52–54), and mainstream environmentalism (p. 51), through medium green ethics based on the extension of traditional human-oriented moral philosophy to nonhumans such as Singer's Animal Liberation (pp. 56–59), Regan's Animal Rights (pp. 59–60), and Taylor's Biocentrism (pp. 60–62). Curry proceeds to the dark green ethics of ecocentrism, such as Land Ethics (pp. 65–68), the Gaia Hypothesis (pp. 68–71... (shrink)

The Scottish Enlightenment is commonly identified as the birthplace of modern social science. But while Scottish and contemporary social science share a commitment to empiricism, contemporary insistence on the separation of empirical analysis from normative judgment invokes a distinction unintelligible to the Scots. In this respect the methods of modern social science seem an attenuation of those of Scottish social science. A similar attenuation can be found in the modern aspiration to judge the outcome of institutions or processes only with (...) regard to efficiency. While the tenet that efficiency is preferable to inefficiency is central to Scottish social thought, the Scots regarded maximization of quantifiable returns as only one among three ends that well-functioning institutions and processes promote. Scottish social science speaks also of virtue and liberty where ours speaks only of utility. This essay develops these differences in three sections. Its first section compares Scottish and contemporary understandings of social science methods. Its second section examines how these differing methodologies inform their differing conceptions of human flourishing and particularly led Scottish social science to focus on virtue and freedom in addition to wealth. The essay concludes by calling attention to three movements in social science today which might help us recover the best features of Scottish social science. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.

In this article, I present a neo-Confucian answer, by Cheng Hao and Cheng Yi, to the question, "Why should I be moral?" I argue that this answer is better than some representative answers in the Western philosophical tradition. According to the Chengs, one should be moral because it is a joy to perform moral actions. Sometimes one finds it a pain, instead of a joy, to perform moral actions only because one lacks the necessary genuine moral knowledge—knowledge that is accessible (...) to every common person as long as one makes the effort to learn. One should make the effort to learn such knowledge—to seek joy in performing moral actions—because to be moral is a distinguishing mark of being human. This neo-Confucian answer seems to be egoistic, as its conception of motivation for morality is based on self-interest: to seek one's own joy. However, since it emphasizes that one's true self-interest is to seek joy in things uniquely human, which is to be moral, self-interest and morality become identical; the more a person seeks one's self-interest, the more moral the person is, and vice versa. (shrink)

Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.

Determining who, or indeed what, is to respond to prescriptions for action in cases of international crisis is a critical endeavor. Without such an allocation of responsibilities, calls to action–whether to protect the environment or to rescue distant strangers–lack specified agents, and, therefore, any meaningful indication of how they might be met. A fundamental step in arriving at this distribution of duties is identifying moral agents in international relations, or, in other words, identifying those bodies that can deliberate and act (...) and thereby respond to ethical guidelines. Often, the most effective and relevant moral agents in international relations are not individuals but institutions. However, it is necessary to qualify any claim that institutions can bear duties in international relations. Not only must they possess capacities for decision-making and purposive action, they must also enjoy the conditions under which specific duties can be discharged. The importance of this latter stipulation can be usefully illustrated by examining the disparate circumstances within which states–those that exercise positive sovereignty and those that are sovereign only in name–are expected to act. (shrink)

Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.

Seth Pringle-Pattison (233n1) observed that Locke “teaches a twofold mystery—in the first place, of the essence (‘for the powers or qualities that are observable by us are not the real essence of that substance, but depend upon it or flow from it’), and in the second place, of the substance itself (‘Besides, a man has no idea of substance in general, nor knows what substance is in itself.’ Bk. II.31.13).” In this paper, I’ll explain the relation between the two mysteries. (...) Our Rosetta Stone is Locke’s argument that we understand body and spirit equally well since we are ignorant of their underlying substances but we “have distinct clear Ideas of two primary Qualities, or Properties” (2.23.30) of each. I’ll show that he is working with a restricted notion of primary quality in this passage, but one that demonstrably falls under the kind defined in his chapter on primary and secondary qualities. According to Locke, the fundamental primary qualities of bodies flow from corporeal substances and the determinations of these fundamental qualities constitute real essences. Locke’s discussion can’t be understood without understanding the relevant scholastic background. In the first half of my paper, I’ll explain his argument as an idiosyncratic application of doctrines he learned and taught at Oxford. In the second half, I’ll use lessons from my interpretation of the argument to explain the relation that Locke believes obtains between a substance and its fundamental primary qualities, and then I’ll build upon that explanation to elucidate his general account (insofar as he has a general account) of the inherence of qualities in corporeal substances. (shrink)

The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...) social, political and educational basis for adult society's relations with children. (shrink)

This paper discusses an "expressive constraint" on accounts of thought and language which requires that when a speaker expresses a belief by sincerely uttering a sentence, the utterance and the belief have the same content. It will be argued that this constraint should be viewed as expressing a conceptual connection between thought and language rather than a mere empirical generalization about the two. However, the most obvious accounts of the relation between thought and language compatible with the constraint (giving an (...) independent account of one of either linguistic meaning or thought content and understanding the other in terms of it) both face serious difficulties. Because of this, the following will suggest an alternative picture of the relation between thought and language that remains compatible with the constraint. (shrink)

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

In recent decades, P. F. Strawson’s “Freedom and Resentment” (1962) has had an enormous influence on philosophical views of moral responsibility. Many contemporary views follow Strawson in centering questions of responsibility on the appropriateness of certain attitudes in our interpersonal relations, especially attitudes of blame and anger, rather than on the abstract nature of free will. Strawson’s influence has in many ways been beneficial, but the prevailing Strawsonian views have taken on some of the more dubious tendencies of contemporary moral (...) philosophy. Among them is the tendency to think of our ethical relations narrowly in terms of the sort of respect that we owe friends and strangers alike, while neglecting attitudes of concern and understanding. This tendency distorts our views of our ethical relations and how we should respond to one another’s wrongful conduct. To correct those distortions, I retrieve insights from older traditions of ethical thought—especially Platonic, Stoic, and Christian traditions—which give love and understanding a central place in our ethical relations, along with respect. These traditions, which have profoundly shaped the development of Western ethical thought, are unduly neglected in contemporary moral philosophy. By joining the insights of these traditions with the insights of Strawsonian views of responsibility, I believe we can articulate a more complete and compelling view of ethical life and responsibility. (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

What is citizenship? This question goes back to the political philosophy of Aristotle, and how one answers it will be decisive in determining one's vision of political life. In the last ten to fifteen years, the question of citizenship has aroused a renewed set of extremely lively debates within political philosophy, and Iris Marion Young has certainly occupied an important place within these theoretical debates. In particular, Young—especially in her seminal article, Polity and Group Difference: A critique of the ideal (...) of universal citizenship—has presented a sharp challenge to all political theorists who are in some broad sense intellectually nourished by the tradition of civic republicanism and who think about the theme of citizenship under the influence of civic‐republican conceptions. In essence, Young's argument is that the practices of contemporary liberal society show that the implicit normative promise contained in the idea of a universal citizen identity has not been fulfilled, and therefore we must rethink this notion from the ground up. The purpose of my essay is to review the arguments that constitute Young's challenge to the civic‐republican tradition, with a view to clarifying the following questions: Is Young's political theory aimed at a reconstruction of the idea of citizenship on a normatively more sound basis? Or does her project imply a rejection of the idea of citizenship, and its displacement by an alternative understanding of political membership? (shrink)

ABSTRACTLate Enlightenment German materialism has hardly attracted any scholarly attention in the past, in spite of the fact that there were quite a few exponents of it. In this paper, I identify the philosophically most important ones and examine to what extent they were connected with each other. In fact, there are local concentrations of materialists at universities and academic circles in Göttingen, Halle, and Gießen. I then discuss the spectrum of materialist positions held by them, from empiricist naturalism in (...) the case of Michael Hißmann to emergentism and Spinozism in the case of Karl von Knoblauch. Finally, I examine how German materialists conceived of the nature of soul and its immortality. It turns out that most of them were mortalists, with the exception of August Wilhelm Hupel, and some of them also endorsed Socinianism. (shrink)

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

This article concerns the problems of proportionality in the theory of punishment. The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on someone S in retaliation for something S did, by a person or agent who is at least as powerful as S, (...) and, second, one take such retaliatory pain or loss as, within stable social groups, a means for preserving social order. Accordingly, it is argued that, on this proposal, the measure by which the severity of punishment is determined to be proportional to the seriousness of the crime for which it is inflicted is the minimal amount of pain or loss necessary to preserve social order. Sentencing policies that follow this measure, it is then observed, tend to yield less severe punishments than the policies that classical deterrence theory yields. Finally, the article offers an argument for regarding as morally more defensible sentencing policies whose goal is preserving social order than sentencing policies whose goal is that of classical deterrence theory, which is to achieve the smallest incidence of crimes consistent with not diminishing the overall welfare of society. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Envy and resentment are generally thought to be unpleasant and unethical emotions which ought to be condemned. I argue that both envy and resentment, in some important forms, are moral emotions connected with concern for justice, understood in terms of desert and entitlement. They enable us to recognise injustice, work as a spur to acting against it and connect us to others. Thus, we should accept these emotions as part of the ethical life.

ArgumentTalk of “reason” and “rationality” has been perennial in the philosophy and sciences of the European, Latin tradition since antiquity. But the use of these terms in the early-modern period has left especial marks on the specialties and disciplines that emerged as components of “science” in the modern world. By examining discussions by seventeenth-century philosophers, including natural philosophers such as Descartes, Pascal, and Hobbes, the practical meanings of, specifically, inferential reasoning can be seen as reducing, for most, to intellectual processes (...) deriving from foundations that required intuitional insight that was owing to God. Mechanical reasoning, or artificial intelligence, was a contradiction in terms for such as Pascal, whose views of his own arithmetical machine illustrate the issue well. Hobbes’ analysis of reason, however, replaced the ineffable authority of God with the authority of the civil power, to reveal the social reality of “reason” as nothing other than authorized judgment. (shrink)