In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home (...) within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

What I call hegemonism holds that a satisfactory moral theory must in a fairly direct way guide action. This, the hegemonist believes, provides a constraint on moral theorizing. We should not accept moral theories which cannot in the proper sense guide us. There are two alternatives to hegemonism. One is motivational indirection, which is the idea that while agents remain motivated by a moral theory, they may be only indirectly motivated. The other is non-hegemonism, which holds that a correct moral (...) theory need not in any direct or indirect sense guide or motivate actions. In the main part of the paper I discuss widely endorsed objections to motivational indirection and nonhegemonism, and I argue that these objections all fail. Hence, motivational indirection and non-hegemonism remain viable conceptions of moral theory. (shrink)

Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories—moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame (...) of reference, in contrast to that of citizenship, which is located within a more particularist frame. Human rights are conceptually distinct from citizenship, and the conflating of human rights with citizenship not only is conceptually incoherent, but may actually obstruct the empowerment and active participation of individual citizens in the context of a political community. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

This article discusses ethical implications for the academy in the use of cyberspace and virtual reality in conducting its teaching and research responsibilities. It identifies important cyberspace ethics concerns as they intersect with the academy and provides an ethical framework for coming to grips with them. Topics discussed here include the sine qua non of academic collegiality and civility, concerns about digital alteration of images and sounds, and issues pertaining to academic administration and infrastructure.

The debate about the credentials of sociobiology has persisted because scholars have failed to distinguish the varieties of sociobiology and because too little attention has been paid to the details of the arguments that are supposed to support the provocative claims about human social behavior. I seek to remedy both deficiencies. After analysis of the relationships among different kinds of sociobiology and contemporary evolutionary theory, I attempt to show how some of the studies of the behavior of nonhuman animals meet (...) the methodological standards appropriate to evolutionary research. I contend that the efforts of E. O. Wilson, Richard Alexander, Charles Lumsden, and others to generate conclusions about human nature are flawed, both because they apply evolutionary ideas in an unrigorous fashion and because they use dubious assumptions to connect their evolutionary analyses with their conclusions. This contention rests on analyses of many of the major sociobiological proposals about human social behavior, including: differences in sex roles, racial hostility, homosexuality, conflict between parents and adolescent offspring, incest avoidance, the avunculate, alliances in combat, female infanticide, and gene–culture coevolution.Vaulting Ambitionthus seeks to identify what is good in sociobiology, to expose the errors of premature speculations about human nature, and to prepare the way for serious study of the evolution of human social behavior. (shrink)

“Arguments from nature” are used, and have historically been used, in popular responses to advances in technology and to environmental issues—there is a widely shared body of ethical intuitions that nature, or perhaps human nature, sets some limits on the kinds of ends that we should seek, the kinds of things that we should do, or the kinds of lives that we should lead. Virtue ethics can provide the context for a defensible form of the argument from nature, and one (...) that makes proper sense of its enduring role in debates concerning our relationship to technology and the environment. However, the notion of an ethics founded upon an account of the essential features of human nature is controversial. On the one hand, contemporary biological science no longer defines species by their essential characteristics, so from a biological point of view there just are no essential characteristics of human beings. On the other hand, it might be argued that humans have, in some sense, “transcended our biology,” so an understanding of humans as a biological species is extraneous to ethical questions. In this article, I examine and defend the argument from nature, as a way to ground an ethic of virtue, from some of the more common criticisms that are made against it. I argue that, properly interpreted as an appeal to an evaluative account of human nature, the argument from nature is defensible with the context of virtue ethics and, in this light, I show how arguments from nature made in popular responses to technological and environmental issues are best understood. (shrink)

This article has two purposes. The first speaks to the compatibilist quality of Charles Mills’ Black Radical Kantianism (BRK), its strengths and weaknesses and the pertinence of W. E. B Du Bois to it. BRK turns from Mills’ previous critique of Kantianism as representative of arassenstaatlichpolitical liberalism, underwritten and tainted by the racial/domination contract, to his current defence of a compatibilist Kantianism as representative of arechtsstaatlichpolitical liberalism supported by a non-ideal racially corrective critique of both that contract and the kind (...) of political liberalism affiliated with it. The second focuses on what I introduce as the ‘Radicalization of Kant in Black’ (RKB). RKB isnota compatibilist project. Rather it re-examines issues first posed by ‘slave- and black-encoded’ blacks coming to act and struggle with the primacy of practical reason under the historically normative authority of freedom and the abolition of enslavement. What are the ramifications of each for Kant-/Kantian-radicalization? (shrink)

There has been much debate about whether the concept of disease articulated in Boorse’s biostatistical theory is value-neutral or value-laden. Here, I want to examine whether this debate matters. I suggest that there are two basic respects in which value-ladenness might be important: it could threaten either scientific legitimacy or moral permissibility. I argue that value-ladenness does not threaten the scientific legitimacy of our disease-concept because the concept makes little difference to the formulation and testing of scientific hypotheses. Likewise, even (...) if our disease-concept is value-laden, this does not show it is morally impermissible. To determine its permissibility, we must regard it as a tool to structure social institutions. Seen in that way, whether our disease-concept is morally permissible is a consequentialist matter and depends exquisitely on unanswered empirical questions. (shrink)

There are many strands in the thought of Charles Taylor, a gathering of philosophical interests diverse enough to embrace both political theory and philosophy of science, epistemology, and practical ethics, Nietzsche and Donald Davidson. If he has not succeeded in generating any supreme synthesis out of this diversity—if, indeed, he has sometimes finessed the material to fit a bigger picture, as in the controversial details of his grand intellectual history of modern consciousness, Sources of the Self—Taylor has nevertheless created, within (...) his own work, a lively conversation, a dialogue at least as expressive and interesting as the one he has repeatedly advocated as the centre of any vibrant intellectual and political life. In Taylor’s philosophical works, plurality is met not with the fractured incommensurability now so often in vogue, but rather with a compelling, if necessarily endless, attempt at deep reconciliation. (shrink)

There are many strands in the thought of Charles Taylor, a gathering of philosophical interests diverse enough to embrace both political theory and philosophy of science, epistemology, and practical ethics, Nietzsche and Donald Davidson. If he has not succeeded in generating any supreme synthesis out of this diversity—if, indeed, he has sometimes finessed the material to fit a bigger picture, as in the controversial details of his grand intellectual history of modern consciousness, Sources of the Self—Taylor has nevertheless created, within (...) his own work, a lively conversation, a dialogue at least as expressive and interesting as the one he has repeatedly advocated as the centre of any vibrant intellectual and political life. In Taylor’s philosophical works, plurality is met not with the fractured incommensurability now so often in vogue, but rather with a compelling, if necessarily endless, attempt at deep reconciliation. (shrink)

This paper argues that if motivation by rightness de re is praiseworthy, then so is motivation by rightness de dicto. I argue that these two types of moral motivation have been unfairly compared, in light of a widespread failure to appreciate the structural similarities between them. These structural similarities become clear when we think more carefully about the nature of motivation and about moral metaphysics. I then argue that the two types of moral motivation are on a par by discussing (...) a series of minimal pairs. I argue that in good cases, in which the agent succeeds in doing what she is motivated to do, both motivations seem praiseworthy, and that bad cases, in which the agent fails, arise for motivation by rightness de re in precisely the same way as they do for motivation by rightness de dicto. I then offer a way to evaluate the unsuccessful agents, according to which someone's motivations can still be praiseworthy even if her actions and moral beliefs are both blameworthy, and someone can have certain praiseworthy motivations while lacking others. On my view, most of us are deeply flawed agents who nonetheless have some redeeming features—including our moral motivations. (shrink)

Liberty is viewed as the reigning paradigm of our age, but it is a paradigm in crisis. It is conventionally divided into two types, positive and negative. The argument here is that both types can be seen to presuppose some capacity, which may extend to power. Liberty, however, is normally accorded a higher moral value than power. But if liberty is taken itself to reflect a commitment to power, then the disvalue ostensibly placed upon the latter is unreliable. Furthermore, if (...) liberty in effect reflects a (veiled) celebration of power, then it may not be in order to accord it the precedence which is customary. We may well be entitled to look beyond liberty to other values, such as tolerance and friendship, which are not necessarily expressions of liberty, but which may prove quite as worthy. (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)

ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)

This article investigates the Neo-Confucian project of “reverse moral economy,” which aims to restore the ideal congruence between political power and moral virtue, by examining a political debate on the selection of the new Crown Prince and the incumbent ruler’s subsequent abdication that took place in Korea during the formative period of the Chosŏn 朝鮮 dynasty in light of the so-called “the Mencian trouble,” a compromise between Mencius’ ideal vision of Confucian virtue politics and his realistic concern with political stability. (...) After discussing how Korean Neo-Confucians were able to justify their choice of a more virtuous candidate in violation of the Lineage Law, which upheld father-son transmission as the constant norm, by judiciously balancing between the candidate’s virtue and the incumbent ruler’s recommendation, it articulates the Korean Neo-Confucian project of reverse moral economy from the standpoint of the constitutionality of the new dynasty. (shrink)

A learning health system (LHS) seeks to establish a closer connection between clinical care and research and establishes new responsibilities for healthcare providers as well as patients. A new set of technological approaches in medication adherence monitoring can potentially yield valuable data within an LHS, and raises the question of the scope and limitations of patients’ responsibilities to use them. We argue here that, in principle, it is plausible to suggest that patients have a prima facie obligation to use novel (...) adherence monitors. However, the strength of the obligations depends considerably on the extent to which data that adherence monitors generate are, in fact, used to further the goals of LHSs. The way in which data ownership is structured in the USA poses a considerable challenge here, while the European Union framework offers a more promising alternative. (shrink)

Kripke observes that the decimal numerals have the buck-stopping property: when a number is given in decimal notation, there is no further question of what number it is. What makes them special in this way? According to Kripke, it is because of structural revelation: each decimal numeral represents the structure of the corresponding number. Though insightful, I argue, this account has some counterintuitive consequences. Then I sketch an alternative account of the buck-stopping property in terms of how we specify the (...) positions of numbers in the progression. (shrink)

According to T.M. Scanlon, the core idea of contractualism consists in the claim that what we are morally required to do is conceptually grounded in the value of living in “relations of mutual recognition” with others. Specifically, Scanlon's contractualist idea of “living in relations of mutual recognition with others” requires that one act only in ways that cannot be reasonably rejected by all of those affected, according to the results of a hypothetical reflection conducted within one's own mind. I claim, (...) however, that Scanlon is mistaken to rely on a single individual's hypothetical reflection (monological reflection) to determine what no one affected could reasonably reject. Instead, following Jürgen Habermas, I claim that we must engage in actual dialogue with all who stand to be affected, in order to live in relations of mutual recognition with others. (shrink)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor rights are necessarily incompatible with Confucian ideals and values. Specifically, (...) I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

This essay will address a general philosophical concern about autonomy, namely, that a conception of autonomy focused on freedom of the will alone is inadequate, once we consider the effects of oppressive forms of socialization on individuals’ formation of choices. In response to this problem, I will present a brief overview of Diana Meyers’s account of autonomy as relational and practical. On this view, autonomy consists in a set of socially acquired practical competencies in self-discovery, self-definition, self-knowledge, and self-direction. This (...) account provides a distinction between choices that express unreflectively internalized social norms and those that are the result of a critical ‘self-reading’. I conclude that this practical conception of autonomy makes much higher demands upon nurses (and patients) than has previously been thought. In fact, if nurses are to be expected to genuinely promote autonomy, they are going to need specific training in counselling-type communication skills. (shrink)

Ki Su Kim; J. S. Mill's Concept of Maturity as the Criterion in Determining Children's Eligibility for Rights, Journal of Philosophy of Education, Volume 24, Is.

Development ethicists see reducing intrahousehold gender inequality as an important policy aim. However, it is unclear that a minimalist cross-cultural consensus can be formed around this goal. Inequality on its own may not bring women beneath a minimal welfare threshold. Further, adherents of complementarian metaphysical doctrines may view attempts to reduce intrahousehold inequality as attacks on their worldviews. Complicating the justificatory task is the fact that familiar arguments against intrahousehold inequality, including those from agency and self-esteem, depart from premises that (...) complementarians reject—premises about the value of independence or the moral irrelevance of gender. I propose that development ethicists should offer complementarianism-compatible arguments against the norms and practices constitutive of intrahousehold inequality. I develop arguments against two intrahousehold inequality-supportive practices that depart from complementarian premises. Specifically, I argue that patriarchal risk and gender schemas that devalue women's labor prevent men from discharging complementarian duties to promote women's welfare. (shrink)

This article advances what it calls the ‘Impossibility Result’: it is impossible to claim that the reduction of exploitation leads to the improvement of efficiency. The Impossibility Result is the inevitable result of the proposed conceptual difference between ‘injustice’ and ‘exploitation’. Injustice occurs when one member of a society deviates from the norms and the legal rules concerning how one should treat other members of that society. Exploitation occurs when one member of a society takes advantage of entities such wild (...) animals, cattle, a field of vegetables, or other people that lie outside the boundary of that society. In many cases of exploitation, the exploited may derive some benefit, as in the case when enslavement is better than death. In other cases of exploitation, the exploited may derive zero benefit, called here ‘harm’, as in the case when a deer is hunted. (shrink)

Compensation and reparation are two parts or forms of compensatory or corrective justice. This essay aims, first, to distinguish, define, and analyze these two forms as against distributive and penal justice; and, second, to provide a moral justification of a system or social practice of compensation and of reparation, drawing on the ideas of Aristotle, William Blackstone, Bernard Boxill, John Rawls, and James Sterba. Then, by applying the results of the analysis to the first genocide of the twentieth century, the (...) Armenian genocide, it illustrates certain difficulties in realizing reparative justice when the wrongful injury is perpetrated by a sovereign state, and it emphasizes the paramount importance in such cases of the acknowledgment of wrong by the perpetrator. (shrink)

I argue that capabilities approaches are useful in formulating a political theory that takes seriously the needs of persons with severe cognitive disabilities (PSCD). I establish three adequacy criteria for theories of justice that take seriously the needs of PSCD: A) understanding PSCD as oppressed, B) positing a single standard of what is owed to PSCD abled individuals, and C) concern with flourishing as well as political liberty. I claim that conceiving valued capabilities as the end of social distribution may (...) help a political theory to meet these criteria.I posit three further adequacy criteria: D) refusing to see PSCD as less than human, E) valuing moral powers other than practical reason, and F) securing space for care and dependency relationships. I show that how well Elizabeth Anderson and Martha Nussbaum’s capabilities approaches meet these criteria depends on their divergent conceptions of what capabilities are for. I sketch another capabilities approach that might better meet the three latter criteria (inspired by Lawrence Becker and Eva Kittay’s work), that conceives capabilities as for agency and relationship. (shrink)

The symbolism introduced earlier provides a convenient vehicle for examining the status and consistency of Aristotle's three diverse justifications and for explaining how he means to avoid Protagorean relativism without embracing Platonic absolutism. When the variables ‘ x ’ and ‘ y ’ are allowed to range over the groups of free men in a given polis as well as over individual free men, the formula for the Aristotelian conception of justice expresses the major premiss of Aristotle's three justifications: (1) (...) (∀ x )(∀ y ) (P(x)·W(x)/P(y)·W(y)=V(T(x))/V(T(y)))Democracy is justified by adding a minor premiss to the effect that as a group the many ( m ) are superior (>) in virtue and wealth to the few best men ( f ): 85 (2 d ) (P(m) · W(m)) > (P(f) · W(f)) (3 d ) V(T(m))>V(T(f))Absolute kingship is justified when a godlike man ( g ) appears in a polis who is incommensurably superior (≫) in virtue and wealth to all the remaining free men ( r ): (2 k ) (P(g) · W(g)) ≫ (P(r) · W(r)) (3 k ) V(T(g)) ≫ V(T(r))True aristocracy requires a more complex justification, which was symbolized in Section 4. These justifications are compatible with each other since they apply to different situations. The polises where democracy and true aristocracy are justified contain no godlike men, and the polis in which democracy is justified differs from that in which true aristocracy is justified in containing a large group of free men who individually have little virtue ( Pol. III.11.1281b23-25, 1282a25-26). Each of the justifications is a valid deductive argument. Aristotle affirms the major premiss they share on the basis of a twofold appeal to nature. The principle of distributive justice, the concept as distinguished from the various conceptions of distributive justice, is itself according to nature ( Pol. VII.3.1325b7-10) and so too is one particular standard of worth, the standard of the best polis. Consequently, the question of the status of these three justifications, whether they are purely hypothetical or not, is a question about the minor premiss or premisses of each. In the case of the democratic premiss Aristotle's answer is straightforward: it is sometimes but not always true ( Pol. III.11.1281bl5-21). Hence the justification of democracy is not purely hypothetical. Nor is the justification of absolute kingship. The man who is “like a god among men” ( Pol. III.13.1284a10-11) would be a man of heroic virtue (see VII.14.1332bl6-27); and such a man, Aristotle says, is “rare” ( σπávιoη ) (not nonexistent) ( E.N. VII.1.1145a27-28). The minor premisses of the aristocratic argument describe a situation where all of the free men in a given polis have sufficient wealth for the exercise of the moral and intellectual virtues and where all of the older free men of the polis are men of practical wisdom. In the Politics Aristotle makes only the modest claim that such a situation is possible: It is not possible for the best constitution to come into being without appropriate equipment [that is, the appropriate quality and quantity of territory and of citizens and noncitizens]. Hence one must presuppose many things as one would wish them to be, though none of them must be impossible ( Pol. VII.4.1325b37-38; see also II.6.1265al7-18). But Aristotle appears to subscribe to the principle that every possibility is realized at some moment of time ( Top. 11.11.115bl7-18, Met. Θ.4.1047b3-6, N.2.1088b23-25). This principle together with the claim that the situation described is possible entails that the situation sometimes occurs. Thus even Aristotle's justification of true aristocracy is not purely hypothetical. The final question is Aristotle's way of avoiding Protagorean relativism without embracing Platonic absolutism. The relativist, along with everyone else ( E.N. V.3.1131a13-14, Pol. III.12.1282bl8), can accept the principle of distributive justice: Q(x)/Q(y) = V(T(x))/V(T(y)) And he can concede that particular instances of this principle, particular conceptions of justice, accurately describe the modes of distributing political authority that appear just to particular polises and to particular philosophers. What he denies is that there is any basis for ranking these various conceptions of justice or for singling one out as the best (Plato, Theaet. 172A-B). Aristotle, following in Plato's track ( Laws X.888D7-890D8), maintains against the relativist that nature provides such a basis. But he departs from Plato in his conception of nature. For Plato “the just by nature” ( τó ρυσει δίκ↑oν }) ( Rep. VI.501B2) is the Form of justice, an incorporeal entity ( Phdo. 65D4-5, Soph. 246B8) that exists beyond time and space ( Tim. 37C6-38C3, 51E6-52B2), whereas for Aristotle the sensible world is the realm of nature ( Met. A.1.1069a30-b2). Thus in appealing to nature Aristotle does not appeal to a transcendent standard. Nor does he appeal to his main criterion of the natural, namely, happening always or for the most part. Aristotle's theory of justice is anchored to nature by means of the polis described in Politics VII and VIII, and he regards this polis as natural because it fosters the true end of human life and because its social and political structure reflects the natural hierarchy of human beings and the natural stages of life. Thus the nature that Aristotle's theory of justice is ultimately founded on is human nature. (shrink)

On many science-related policy questions, the public is unable to make informed decisions, because of its inability to make use of knowledge obtained by scientists. Philip Kitcher and James Fishkin have both suggested therefore that on certain science-related issues, public policy should not be decided on by actual democratic vote, but should instead conform to the public’s counterfactual informed democratic decision. Indeed, this suggestion underlies Kitcher’s specification of an ideal of a well-ordered science. This article argues that this suggestion misconstrues (...) the normative significance of CIDDs. At most, CIDDs might have epistemic significance, but no authority or legitimizing force. (shrink)

In two passages of A Theory of Justice Rawls suggests that, as a consequence of his egalitarian theory, the natural talents of persons are common property.We see then that the difference principle represents, in effect, an agreement to regard the distribution of natural talents as a common asset and to share in the benefits of this distribution whatever it turns out to be. The two principles are equivalent, as I have remarked, to an undertaking to regard the distribution of natural (...) abilities as a collective asset so that the more fortunate are to benefit only in ways that help those who have lost out. (shrink)

The term ‘predistribution’ draws attention to the need for policies and institutions that are designed to improve the position of the least advantaged members of society by generating a fairer distribution of opportunities and benefits from the operation of the free market system, with less reliance on redistributive tax-and-transfer mechanisms. Although the idea of progressive predistribution has only recently begun to attract the attention of politicians and commentators in the mainstream media, there is an older and more philosophically grounded predistributive (...) approach that goes back to the idea of the property-owning democracy proposed by Economist James Meade and further developed by liberal political philosopher John Rawls. In this article, I argue that neither the Meadeian/Rawlsian POD model, nor the more recent analysis of the idea of progressive predistribution, provide a clear and convincing account of the distinction between predistributive and redistributive mechanisms. I then argue that a more promising account of this distinction is provided by the idea of the socialization of economic rent through taxation of the rental value of land, and that there are good reasons to think that a shift in the burden of taxation away from production and employment and on to the rental value of land might turn out to be both more genuinely predistributive and more effectively progressive than other possible predistributive mechanisms that have recently been proposed, most notably the aggressive taxation of private inheritances as a means to broaden the distribution of privately owned capital and productive property. (shrink)

In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...) that is necessary and that they think is necessary to prevent the attack. The problem is that one person forfeit his right if and only if the second does not and that it appears to be impossible for both or neither to forfeit. I argue that the forfeiture theory is not falsified by this problem because the problem is equally damaging to every plausible theory of permissible defensive violence. (shrink)

W.V.Quine and Philip Kitcher have both developed naturalistic approaches to the philosophy of science which are partially based on a skeptical view about the possibility of rational inquiry into certain questions of value. Nonetheless, both Quine and Kitcher do not wish to give up on the normative dimension of the philosophy of science. I argue that Kitcher's recent argument against the specification of the goal of science in terms of truth raises a problem for Quine's account of the normative dimensions (...) of the discipline. However Kitcher's alternative suggestion, that the goal of science is to be specified in terms of an ideal democratic procedure, does not escape this problem, given Kitcher's own limited skepticism about rational inquiry into certain questions of value. (shrink)

The author argues that all governments are morally obliged to support international institutions that advocate crosscultural and global public goods to advance the fairness principle.

David Hume has warned us not to endeavor to derive an “ought” from an “is” (1990, 469–70), reprimanding those who attempt to draw value judgments from empirical facts. But Judith Jarvis Thomson refuses to accept that values and facts are logically disjoint in this manner, primarily because of her worry that such a partition of our moral values from the “facts” will place a grave limitation on any ethical system, namely, that its claims apparently cannot be proven. Consequently, Thomson is (...) on the lookout for some provably true facts that can be used, contra Hume, to draw conclusions about moral values. Thomson begins by rejecting all generalist conceptions of the good (specifically, the utilitarian's identification of the good with pleasure) and proceeds to fracture the good into various kinds of “goodness in a way,” hoping to produce by this disintegration some moral facts that can be used to set ethics on an objective foundation. But I will argue that Thomson's so‐called objective facts are actually nothing but disguised moral claims, and that in attempting to sidestep the classic fallacy identified by Hume, she has blundered into another pitfall—the Smuggler's Fallacy, the offense of concealing her moral conclusions inside the premises of her argument. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...) communitarian perspective shows that promoting workers’ good life or well-being is an important condition for protecting their dignity. (shrink)

This paper is a comparative analysis of egalitarianism and utilitarianism from a naturalistic perspective that offers some insight into the manner in which we come to make interpersonal comparisons of welfare.

Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...) neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood. (shrink)

With a book as wide ranging and insightful as Barry'sJustice as Impartiality, it is perhaps a little churlish to criticize it for paying insufficient attention to one's own particular interests. That said, in what follows I am going to do just that and claim that in an important sense Barry does not take utilitarianism seriously. Utilitarianism does receive some discussion in Barry's book, and in an important section which I will discuss he even appears to concede that utilitarianism provides a (...) rival though ultimately inadequate theory of justice. Nevertheless, utilitarianism is not considered a rival to ‘justice as impartiality’ in the way that ‘justice as mutual advantage’ and ‘justice as reciprocity’ are. One response, and perhaps the only adequate response, would be to construct a rival utilitarian theory. I cannot provide such a theory in this paper, and I certainly would be very cautious about claiming that I could provide such a theory elsewhere. What I want to suggest is that utilitarianismisa genuine third theory to contrast with ‘justice as mutual advantage’ and ‘justice as impartiality’ – ‘justice as reciprocity’ being merely a hybrid of ‘justice as mutual advantage’, at least as Barry presents it (pp. 46–51). I also want to argue that it poses a more significant challenge to a contractualist theory such as Barry's than his discussion of utilitarianism reveals. (shrink)

Like many critics of Rawls, Habermas believes that the Original Position (OP) implicitly utilizes normative (and unargued for) assumptions. The author defends the OP by arguing that its basic concepts are the product of a rational reconstruction of the everyday know-how, or common sense, employed by citizens in democratic practices. The author identifies this reconstruction in Rawls's work but suggests that while this answers the charge of circularity, it raises the problem of contextual relativism. It is concluded that Rawls can (...) avoid such relativism only on a stronger commitment to social scientific research in support of a more transcendental form of rational reconstruction. (shrink)

If you are more likely to continue a course of action in virtue of having previously invested in that course of action, then you tend to honor sunk costs. It is widely thought both that (i) individuals often do give some weight to sunk costs in their decision-making and that (ii) it is irrational for them to do so. In this paper I attempt to cast doubt on the conventional wisdom about sunk costs, understood as the conjunction of these two (...) claims. (shrink)

The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from shared responsibility for social injustice. Instead (...) of highlighting the moral urgency of correcting conditions that help to explain the crime rate, a commitment to retribution diverts attention from the social conditions that engender crime. These conditions include an unequal distribution of social, economic, and political power, which poses a serious problem for the retributive theory. When disadvantaged members of society act in ways that violate the criminal law, they are less morally blameworthy, even when the laws they violate are justified. Judgments of blame and desert, in relation to criminal justice, vary in accordance with political status. The diminished political power of oppressed groups is at odds with a retributive justification of punishment. (shrink)

Several areas of welfare economics seek to evaluate states of affairs as a function of interpersonally comparable individual utilities. The aim is to map each state of affairs onto a vector of individual utilities, and then to produce an ordering of these vectors that can be represented by a mathematical function assigning a real number to each. When this approach is used in intertemporal contexts, a central theoretical question concerns the evaluative weight to be applied to utility coming at different (...) times. This question concerns the rate of pure time preference, which is one key determinant of the social discount rate. This article argues that the standard philosophical account of pure time preference is mistaken, because it ascribes to economists a methodological commitment they need not, and often do not, accept. This in turn undercuts the most common philosophical objection to pure time preference, which traces at least to Rawls’s A Theory of Justice. The article then evaluates three further objections to pure time preference, concluding that it might still be defensible under certain circumstances. The article closes by articulating a final argument that is suggested by the “Social, Economic and Ethical Concepts and Methods” chapter of the most recent Intergovernmental Panel on Climate Change report. If this further argument is sound, it would constitute a decisive objection to pure time preference as it currently figures in much intertemporal welfare economics. (shrink)

Recent moral philosophy has been characterized by some serious attempts to show that both Kantian and utilitarian moralities leave us with insufficient room to pursue our personal projects and relationships. These moralities have been charged with demanding a kind of impartiality that leaves us with too little space for developing ourselves and our friendships, family relations, communities, and nations in the ways best suited for us. Critics claim these theories implausibly maintain that if our personal relationships and affinities do not (...) further the ends of moral duty or maximum utility, they are of no value and hence we lack reason to devote ourselves to them. In what follows, I will assume that a conception of morality would indeed be implausible if it were to demand impartiality in the strong sense that it would be impermissible to favor our own projects and ambitions, to care especially about the welfare of certain persons rather than others, and sometimes to give preference to those we care most about, even when we could benefit strangers more. (shrink)