Contrary to the popular belief, I argue that a more inclusive polity does not necessarily conflict with the goal of improving the epistemic capacities of deliberation. My argument examines one property of democracy that is usually thought of in non-epistemic terms, inclusion. Inclusion is not only valuable for moral reasons, but it also has epistemic virtues. I consider two epistemic benefits of inclusive deliberation: inclusive deliberation helps to create a more complete picture of the world that everyone dwells together; and (...) inclusive deliberation can be helpful in reducing biases and errors endemic to a society. Having advanced two epistemic arguments for inclusive deliberation, I argue that the Deweyan model best captures the knowledge-pooling function of deliberation. (shrink)

Is guidance by social norms compatible with rationality? Jon Elster has argued in The Cement of Society that there is a fundamental contrast between rationality and conformity to social norms. The context of study is the problem of collective action, with special emphasis on collective wage bargaining. In such negotiations, the appeal to social norms rather than to self-interest can block agreement. Suppose one union is committed to the norm of equal pay for equal work; another one appeals to the (...) norm of equal pay for everybody, regardless of the type of work. ‘In the presence of competing norms that favor different groups, the self-righteousness conferred by belief in a norm can lead to a bargaining impasse.'In confrontations between individuals, codes of honor can produce similar problems. It is in no one's interest to face a colleague over the barrel of a gun because one has made a nasty remark about his latest book, but if the code demands that one fight it out, the challenge must be accepted. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

This paper is a response to recent student protests at South African universities, and the essentialising rhetoric and practices that characterise South African public debates. I explore the likely responses of white South Africans to views that seem to make their whiteness inescapable and necessarily morally bad.

Simple acts of kindness that are performed sincerely and with evident good will can also, paradoxically, be perceived as deeply insulting by the people we succeed in benefiting. When we are moved to help someone out of genuine concern for her, when we have no intention to humiliate or embarrass her and when we succeed at benefiting her, how can our generosity be disparaging or demeaning to her? Yet, when the tables are turned, we sometimes find ourselves brusquely refusing assistance (...) from others or accepting it only grudgingly while trying to show that we do not need their charity. People with disabilities often find ourselves in situations of this sort, where we bristle at others who rush to open doors for us, for instance, while our kindhearted benefactors are surprised and hurt by the cold reception they receive for their efforts. My aim is to explain some of the ways in which well-intentioned and effective beneficence can be offensive, with special emphasis on cases in which someone provides assistance to a disabled person. (shrink)

Discourse about the use of animals in biomedical research usually focuses on two issues. The first, which I will refer to as the “necessity issue,” is empirical and asks whether the use of nonhumans in experiments is required in order to gather statistically valid information that will contribute in a significant way to improving human health. The second, which I will refer to as the “justification issue,” is moral and asks whether the use of nonhumans in biomedical research, if necessary (...) as an empirical matter, can be defended as a matter of ethical theory.If it is not necessary as an empirical matter to use animals in research, then there is no need to inquire about moral justification. Therefore, I examine the necessity issue first. The argument that it is necessary to use nonhumans in biomedical research, though flawed, is at least plausible, unlike our necessity arguments for other animal uses. I then discuss the justification issue and conclude that we cannot morally justify using nonhuman animals in research. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

John Tomasi’s Free Market Fairness introduces several powerful arguments in favour of a novel and surprising thesis: the best way to realize Rawls’s principles of justice is a free market society, rather than the arrangements that Rawls himself believed would best promote justice. In this paper, I adduce three arguments against Tomasi. First, I suggest that his view rests on a faulty understanding of what constitutes conventional property rights. Second, I argue that many market solutions generate choices which are not (...) valuable ones for the agent to have to make. Third, I show that many choices created by the market systems Tomasi favours create the illusion that citizens are making their own choices when in fact they are not. I suggest that taken together these three arguments are sufficient to defend Rawlsian institutional arrangements against Tomasi’s challenge. (shrink)

John Tomasi argues that aggressively pro-market, capitalist regimes can secure fair equality of opportunity—a level playing field—even as they honor people's thick economic liberties. The trick is to rely on markets to spread prosperity and high-quality healthcare and education to all. That done, each person will have fair opportunity. Or will she? In truth, Tomasi's “market-democratic” plan cannot bring genuinely fair opportunity to all, even at the level of ideal theory. Nor can it plausibly promise to increase the “quality” of (...) opportunity: the supply, that is, of intrinsically desirable work. (shrink)

Multiculturalism has become a hot topic in political philosophy. This thesis investigates the philosophical foundations of multicultural theories through examining the key concepts commonly relied upon. A careful examination of each concept and the way in which they are interconnected, reveals an interesting strategy that the multiculturalist employs. It is my contention that the multiculturalist relies on a complex web of nebulous concepts which fools the reader into thinking that their theory rests on strong foundations. However, when we clear away (...) the fog of confusion, we can see that the multiculturalist has presented us with an illusion, and none of the concepts remain strong enough to hold any of the normative weight they need them to. Multiculturalism relies on grandiloquent rhetoric and muddled thinking, and will ultimately fail to achieve the liberal goals it purports to. (shrink)

The family disrupts equality while also, think many, providing goods of unique value. In Family Values, Brighouse and Swift tackle both of these tendencies, offering a refined and distinctive liberal egalitarian account both of the value of family life, and the limits of what may be done in its name. It builds up from an account of children's specific interests to a defence of ‘familial relationship goods’ as providing the best way of satisfying those interests. Thus though parenthood carries goods (...) of its own, parental prerogatives are delimited by what is good for children. The position which emerges plays out in nuanced, sometimes surprising ways. I raise three main lines of potential criticism, concerning, respectively, the distribution of family relationship goods, their value in relation to fair equality of opportunity, and the viability of distinguishing between family-located and other contributions to the realisation of a child's interests. (shrink)

Debates about our moral relation to the law typically focus on the moral force of law. Often, the question asked is: Do we have a moral duty to follow the law? Recently, that question has been given a virtue-ethical formulation: Is there a virtue in abiding by the law? This paper considers our moral relation to the law in terms of virtue but focuses on a different question from the traditional ones. The question here is: Can the law model virtue (...) in beneficial ways that enable us to cultivate virtue? This paper shows that the law can do this by setting a moral example that we have good reason to emulate. This is significant given the distinctive influence the law has over our lives. The paper begins by examining the nature of a model, comparing different models of virtue, and then questions the possibility of a complete model of virtue such as the so-called Virtuous Person. The paper then articulates several ways in which the law can model virtue for us and responds to three objections: 1) the embodiment problem, 2) the poisoning problem, and 3) the emulation problem. (shrink)

This article makes four claims. First, that the analytic/Continental split in political theory stems from an unarticulated disagreement about human nature, with analytics believing we have an innate set of mostly compatible moral and political inclinations, and Continentals seeing such things as alterable products of historical contingency. Second, that we would do better to talk of Continental-political-theory versus Rawlsian-political-philosophy, given that the former avoids arguments over principles, whilst the latter leaves genuine analytic philosophy behind. Third, that Continentals suffer from a (...) lack of such arguments, even by their own lights, whilst Rawlsians suffer from inconsistencies within the thought-patterns on which their principles depend. Fourth, that there is an alternative method – ‘normative behaviourism’ – that at least tries to move beyond the problems of both approaches, whilst sharing an idea of ‘praxis’ with the first, and an idea of deriving-principles-from-existing-judgements with the second. (shrink)

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)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

If we distance ourselves from the content of the debate for and against the destruction of human embryos for scientific research purposes, we may be struck by its rhetorical form. Each side thinks not only that it has the superior argument, but that its conclusion is wholly obvious, while the other side’s position is obviously mistaken. Those who defend splitting embryos to obtain stem cells say that it is ridiculous to claim that a tiny zygote or blastocyst without a brain (...) is the same sort of being as we, while those who oppose this research claim it to be clear as day that each of us is the same being we were when newly conceived, though now .. (shrink)

Benjamin’s Critique of Violence (1921) has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such as (...) recognition [ Anerkennung]. (shrink)

In December 2003, the members of the European Union (EU) met in Brussels for a summit that had the potential to become a turning point in history. The agenda for the meeting was to adopt a constitution for Europe in the wake of the European enlargement scheduled for May 2004. However, European nations were not able to resolve their differences over undecided issues such as voting, foreign policy decision- making, budget deficit rules, and whether to mention God in the constitution. (...) The most severe disagreements occurred over the voting system proposed by the draft constitution, which envisioned a move towards population-adjusted voting rights. In the old arrangements agreed upon in Nice in 2000, members had roughly the same amount of votes independent of population. (shrink)

The conscientious are morally conflicted when their moral dilemmas or incommensurabilities, real or apparent, have not been resolved. But such doublemindedness need not lead to ethical disintegration or moral insensitivity. For one may develop the moral virtue of doublemindedness, the settled power to deliberate and act well while morally conflicted. Such action will be accompanied by both moral loss (perhaps ‘dirty hands’) and ethical gain (salubrious agental stability). In explaining the virtue's moral psychology I show, among other things, its consistency (...) with wholeheartedness and the unity of the virtues. To broaden its claim to recognition, I show the virtue's consistency with diverse models of practical reason. In conclusion, Michael Walzer's interpretation of Hamlet's attitude toward Gertrude exemplifies this virtue in a fragmentary but nonetheless praiseworthy form. (shrink)

L'hypothèse qui guide le présent article est que les méthodes et techniques de dérivation ou de modélisation utilisées en éthique contemporaine, ont une incidence sur les contenus proprement moraux de la théorie morale ; vues comme de simples outils à l'usage du philosophe moral, elles agissent en fait comme des sources de normativité morale. Cette hypothèse n'est pas une simple reformulation de l'idée voulant qu'il existe, au sein de la théorie morale, un rapport entre explication et justification ou entre méta-éthique (...) et éthique. Pour le montrer, je m'appuierai d'abord sur une caractéristisation générale de ces composantes de la théorie morale et des rapports qu'elles entretiennent entre elles. Dans un deuxième temps j'arguerai que l'usage d'outils méthodologiques particuliers peut avoir une incidence sur les contenus moraux proprement dits. Pour caractériser cette incidence et en décrire les mécanismes, je ferai d'abord appel à une approche pragmatique de l'explication, puis je donnerai deux exemples, tirés de la philosophie morale contemporaine, et illustrant le fait que certains contenus moraux ainsi introduits échappent de fait à une justification en bonne et due forme.The central claim made in this article is that the various methodological devices used by contemporary moral philosophers in order to represent or derive moral principles affect the very moral content of their theory; seen by them as mere tools for philosophers, they in fact are sources of moral normativity. This claim is not a mere reformulation of the idea that there is within moral theory a connection between explanation and justification or between metaethics and ethics. To show that this is so, I first give a general characterization of the various components of moral theory and of their relationships. I then argue that the use of particular methodological devices affect the very moral content of the theory. To characterize such incidence and its mechanisms, I first appeal to a pragmatic conception of explanation and, finally, I discuss two examples from contemporary moral theory showing that substantive moral claims so introduced, in fact fail to be justified. (shrink)

In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.

I argue for compatibility between feminism and medicine by developing a model of the physician-other relationship which is essentially egalitarian. This entails rejection of (a) a paternalistic model which reinforces sex-role stereotypes, (b) a maternalistic model which exclusively emphasizes patient autonomy, and (c) a model which focuses on the physician's conscience. The model I propose (parentalism) captures the complexity and dynamism of the physician-other relationship, by stressing mutuality in respect for autonomy and regard for each other's interests.

In recent years feminist philosophers have criticized mainstream liberal theory for ignoring issues of justice within the gender structured family and for failing to see how male privilege in this sphere works to deny women equality in economic and political life. Some argue that the source of this failure is liberalism's commitment to the distinction between domestic and public life, and the idea that the family is inherently a private institution to which standards of justice do not apply. In Political (...) Liberalism Rawls briefly acknowledges these concerns, andreassures his readers that within his theoretical framework 'the alleged difficulties in discussing problems of gender and the family can be overcome. To satisfy these critics Rawls would have to respond to Susan Okin's Justice, Gender, and the Family, which carefully examines both the shortcomings and feminist potential of his earlier writings. In Political Liberalism he does not. After his passing remark in the book's introduction, Rawls has nothing more to say on the subject. He assumes 'that in some form the family is just,' and focuses on the traditional issues of liberal political theory in the hope that this approach will 'at least provide guidelines for addressing further questions'. (shrink)

In the practice of education and educational reforms today ‘meritocracy’ is a prevalent mode of thinking and discourse. Behind political and economic debates over the just distribution of education benefits, other kinds of philosophical issues, concerning the question of democracy, await to be addressed. As a means of evoking a language more subtle than what is offered by political and economic solutions, I shall discuss Ralph Waldo Emerson's idea of perfectionism, particularly his ideas of the ‘gleam of light’ and ‘genius’, (...) as an alternative mode of thinking of human power. Through this Emersonian lens, a provocative shift will be made from meritocracy and ‘mediocracy’ to aristocracy. Emersonian aristocracy destabilizes balanced measures and prevailing discourse about fairness and justice, and makes us reconsider how to achieve a just society in democracy. As an educational implication, I shall propose the idea of citizenship without inclusion—a vision of education for a democratic society in which we learn to live as and with the Great Man. (shrink)

Le concept au centre du dernier ouvrage d'Otfried Höffe publié en français est celui d'impératif catégorique juridique. Höffe souhaite, en effet, approfondir son apologie des principes juridiques catégoriques déjà developpée dans son précédent ouvrage Lajustice politiqueen éclaircissant ses sources kantiennes. Alors que dans l'ouvrage de 1991 la figure tutélaire de Kant était restée en retrait, Höffe a voulu expliciter son rapport à Kant ét montrer la façon dont la réflexion contemporaine sur le droit et le politique devrait elle-même se dire (...) kantienne. (shrink)

Moral and theoretical deficiencies of the main foundation strategies in social and political systems (Social Engineering, Foundationalism and Invisible Hand theories) are explained by the necessity of a synthesis of different kinds of rationality, i.e., goal-rationality, norm-rationality and rightness and weighing rationality. The anthropological basis of the theory is a distinction between homo finalis and homo socialis. At the institutional level, this conception leads to a synthesis of the rule of law and the welfare state. At the political level, this (...) implies a retonsideration of the principles of democracy and political planning. (shrink)

Respon'sible, liable to be called to account or render satisfaction: answerable: capable of discharging duty: able to pay. The old Chambers's dictionary gives a behavioristic view of responsibility: in terms of action, not thought or belief. “Lust in the heart” is not equated to lust in flagrante. It is this view I shall explore in this essay, rather than the more subjective notion of moral responsibility, as in, “I feel moral responsibility for not doing anything to save the Tutsis [Hutus, (...) ethnic Albanians, etc.].” My presumption is that responsibility implies capability: you cannot be held responsible for something over which you have no control. There is obviously uncertainty in some cases—where control is less than total, where the degree of potential control depends on our own efforts, where we cannot know if we have control until we try to exert it, etc. The relation between responsibility and degree of control is a separate topic which I shall not treat here. (shrink)

A referral was made to our Cardiac Transplant Program for a patient who was in the New Jersey Prison System. The Medical Director of the New Jersey Department of Corrections called regarding a 39-year-old inmate who was being treated in a New Jersey hospital that has a unit for prisoners from a nearby cor- rectional facility. The referring physician described the patient to our Medical Director of heart transplantation as a “murderer” who had been incarcerated since 1987 and sentenced to (...) prison for 30 years without eligibility for parole before completion of his 30-year sentence. The patient was being treated in the CCU of the facility and according to preliminary studies, was suffering from a possible dilated cardiomyopathy. There was evidence of a prior cerebrovascular accident (etiology unknown) with a dense hemiplegia of the left side. The patient was alert but unable to care for himself. There were a number of specific tests necessary to evaluate the patient's candidacy for heart transplantation before actually placing him-on a waiting list. However, the transplant director was uncertain about having the patient brought to our facility for further testing and called some members of the Transplant Selection Committee team to discuss the case. (shrink)

Genuine rules cannot capture our intuitive moral judgments because, if usable, they mention only a limited number of factors as relevant to decisions. But morally relevant factors are both numerous and unpredictable in the ways they interact to change priorities among them. Particularists have pointed this out, but their account of moral judgment is also inadequate, leaving no room for genuine reasoning or argument. Reasons must be general even if not universal. Particularists can insist that our judgments be reflective, unbiased, (...) informed, and sensitive, requiring a background of experiences that expand sympathy and empathy for others. But beyond this, our judgments must be coherent. This requirement provides a way to reason to the correct answer to a controversial issue—the answer most coherent with or body of settled judgments. Rawls' account of coherence in terms of reflective equilibrium, where we adjust particular judgments to match rules and adjust rules to match judgments, is rejected since rules have no independent force. Instead, the central requirement is that we not judge cases differently without being able to cite a morally relevant difference between them. Such differences must make a difference else-where as well, although they need not do so universally. Factors cannot be relevant in only one context because they reflect values that must recur to be maintained. The method of moral reasoning based on this requirement is specified as follows: first, the specification of competing values or interests in the problematic case; second, the location of paradigm cases in which these competing values are prioritized, making sure that these settled judgments are reflective, informed, and sensitive; third, the search for relevant differences between the settled and problematic cases or the location of alternative, more closely analogous paradigms. The paper ends with an illustration of the method applied to the issue of doctor assisted suicide. (shrink)

The National Science Foundation's Second Merit Criterion, or Broader Impacts Criterion , was introduced in 1997 as the result of an earlier Congressional movement to enhance the accountability and responsibility as well as the effectiveness of federally funded projects. We demonstrate that a robust understanding and appreciation of NSF BIC argues for a broader conception of research ethics in the sciences than is currently offered in Responsible Conduct of Research training. This essay advocates augmenting RCR education with training regarding broader (...) impacts. We demonstrate that enhancing research ethics training in this way provides a more comprehensive understanding of the ethics relevant to scientific research and prepares scientists to think not only in terms of responsibly conducted science, but also of the role of science in responding to identified social needs and in adhering to principles of social justice. As universities respond to the mandate from America COMPETES to “provide training and oversight in the responsible and ethical conduct of research”, we urge institutions to embrace a more adequate conception of research ethics, what we call the Ethical Dimensions of Scientific Research, that addresses the full range of ethical issues relevant to scientific inquiry, including ethical issues related to the broader impacts of scientific research and practice. (shrink)

This paper addresses a complaint, by Prichard, against Plato and other ancients. The charge is that they commit a mistake is in thinking that we are capable of giving reasons for the requirements of duty, rather than directly and immediately apprehending those requirements. I respond in two ways. First, Plato does not make the egregious mistake of substituting interest for duty, and thus giving the wrong kind of reason for duty’s requirements, as Prichard alleges. Second, we should see that the (...) ancient ethical enterprise as being comprehensive in a sense Prichard simply ignores. The ancients sought what we now call wide reflective equilibrium in judgments about both duty and interest, and to see this I focus on a puzzle in how to understand much of ancient moral philosophizing. This puzzle is to make sense of the work that formal constraints on happiness do to support their preferred views of happiness (or interest). This way of engaging not only our thoughts about duty and interest, but about what it is to be human and to lead a human life, make the ancient model far more satisfying than Prichard’s recommendation that we give it all up as a mistake. (shrink)

Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...) their equal claim to the good. It is argued that this can be a reason to favour an artificially-constructed lottery to a 'natural' lottery where there is suspicion that the latter may be biased. (shrink)