ABSTRACT:This article deploys Alasdair MacIntyre’s Aristotelian virtue ethics, in which meaningfulness is understood to supervene on human functioning, to bring empirical and ethical accounts of meaningful work into dialogue. Whereas empirical accounts have presented the experience of meaningful work either in terms of agents’ orientation to work or as intrinsic to certain types of work, ethical accounts have largely assumed the latter formulation and subjected it to considerations of distributive justice. This article critiques both the empirical and ethical literatures from (...) the standpoint of MacIntyre’s account of the relationship between the development of virtuous dispositions and participation in work that is productive of goods internal to practices. This reframing suggests new directions for empirical and ethical enquiries. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

The last twenty-five years of published literature and curriculum development in bioethics suggest that the field enjoys a successful and stable marriage to philosophical ethical theory. However, the next twenty-five years could be very different. I believe the marriage is troubled. Divorce is conceivable and perhaps likely. The most philosophical parts of bioethics may retreat to philosophy departments, while bioethics continues on its current course toward a more interdisciplinary and practical field.I make no presumption that bioethics is integrally linked to (...) philosophical ethical theory. Indeed, I assume that the connection is contingent and fragile. Many individuals in law, theological ethics, political theory, the social and behavioral sciences, and the health professions carefully address mainstream issues of bioethics without finding ethical theory essential or breathtakingly attractive. This is not surprising. Moral philosophers have traditionally formulated theories of the right, the good, and the virtuous in the most general terms. (shrink)

I argue racial injustice undermines the reliability of news source reports in the information domain of racial injustice. I argue that this in turn undermines subjects’ doxastic justification in inferences they base on these news sources in the racial injustice information domain. I explain that racial injustice does this undermining through the effect of racial prejudice on news organizations’ members and the effect of society's racially unjust structure on non-dominant racial group-controlled news sources.

I argue racial injustice undermines the reliability of news source reports in the information domain of racial injustice. I argue that this in turn undermines subjects’ doxastic justification in inferences they base on these news sources in the racial injustice information domain. I explain that racial injustice does this undermining through the effect of racial prejudice on news organizations’ members and the effect of society's racially unjust structure on non-dominant racial group-controlled news sources.

Ecocentrism has to establish an intrinsic connection between its basic value postulate of the non-instrumental value of the nonhuman world and a conception of human flourishing, on pain of failure to motivate acceptance of its social and political prescriptions. This paper explores some ideas recently canvassed by ecocentrists such as Robyn Eckersley, designed to establish this connection – transpersonal ecology, autopoietic value theory and ecofeminism – and finds them open to objection. An alternative approach is developed which concentrates on the (...) connection between non-human nature and person-hood, via the phenomenon of culture. Persons are conceived of as essentially culture-creators, and the fact of their embodiment in ecosystems is argued to be essential to their activities as culture creators. The variety and integrity of such systems thus turns out to be essential for the flourishing of what is essential to personhood. This means that ecocentrism has to be abandoned in its pure form, and replaced with person-centrism, but this conclusion is argued for on the basis of the extension of the concept of the self – a strategy often endorsed by ecocentrists themselves. (shrink)

Elgin has presented an extensive defence of reflective equilibrium embedded in an epistemology which focuses on objectual understanding rather than ordinary propositional knowledge. This paper has two goals: to suggest an account of reflective equilibrium which is sympathetic to Elgin’s but includes a range of further developments, and to analyse its role in an account of understanding. We first address the structure of reflective equilibrium as a target state and argue that reflective equilibrium requires more than an equilibrium in the (...) sense of a coherent position. On the one hand, the position also needs to be stable between a ‘conservative’ pull of input commitments and a ‘progressive’ pull of epistemic goals; on the other hand, reflective equilibrium requires that enough of the resulting commitments have some credibility independent of the coherence of the position. We then turn to the dynamics of reflective equilibrium, the process of mutual adjustment of commitments and theories. Here, the most pressing internal challenges for defenders of reflective equilibrium arise: to characterize this process more exactly and to explain its status in relation to reflective equilibrium as a target state. Finally, we investigate the role of reflective equilibrium in Elgin’s account of understanding and argue that objectual understanding cannot be explained in terms of reflective equilibrium alone. An epistemic agent who understands a subject matter by means of a theory also needs to be able to use this theory and the theory needs to meet some external rightness condition. (shrink)

Our discussion of the commentaries begins, at the evolutionary level, with issues raised by our account of the evolution of morality in terms of partner-choice mutualism. We then turn to the cognitive level and the characterization and workings of fairness. In a final section, we discuss the degree to which our fairness-based approach to morality extends to norms that are commonly considered moral even though they are distinct from fairness.

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

The chronic worldwide lack of organs for transplantation and the continuing improvement of strategies for in situ organ preservation have led to renewed interest in elective non-therapeutic ventilation of potential organ donors. Two types of situation may be eligible for elective intensive care: patients definitely evolving towards brain death and patients suitable as controlled non-heart beating organ donors after life-supporting therapies have been assessed as futile and withdrawn. Assessment of the ethical acceptability and the risks of these strategies is essential. (...) We here offer such an ethical assessment using the four principles of medical ethics of Beauchamp and Childress applying them in their broadest sense so as to include patients and their families, their caregivers, other potential recipients of intensive care, and indeed society as a whole. The main ethical problems emerging are the definition of beneficence for the potential organ donor, the dilemma between the duty to respect a dying patient's autonomy and the duty not to harm him/her, and the possible psychological and social harm for families, caregivers other potential recipients of therapeutic intensive care, and society more generally. Caution is expressed about the ethical acceptability of elective non-therapeutic ventilation, along with some proposals for precautionary measures to be taken if it is to be implemented. (shrink)

Our discussion of the commentaries begins, at the evolutionary level, with issues raised by our account of the evolution of morality in terms of partner-choice mutualism. We then turn to the cognitive level and the characterization and workings of fairness. In a final section, we discuss the degree to which our fairness-based approach to morality extends to norms that are commonly considered moral even though they are distinct from fairness.

In 1955, Goodman set out to 'dissolve' the problem of induction, that is, to argue that the old problem of induction is a mere pseudoproblem not worthy of serious philosophical attention. I will argue that, under naturalistic views of the reflective equilibrium method, it cannot provide a basis for a dissolution of the problem of induction. This is because naturalized reflective equilibrium is -- in a way to be explained -- itself an inductive method, and thus renders Goodman's dissolution viciously (...) circular. This paper, then, examines how the old problem of induction crept back in while nobody was looking. (shrink)

The basic aim of Alvin Goldman’s approach to epistemology, and the tradition it represents, is naturalistic; that is, epistemological theories in this tradition aim to identify the naturalistic, nonnormative criteria on which justified belief supervenes (Goldman, 1986; Markie, 1997). The basic method of Goldman’s epistemology, and the tradition it represents, is the reflective equilibrium test; that is, epistemological theories in this tradition are tested against our intuitions about cases of justified and unjustified belief (Goldman, 1986; Markie, 1997). I will argue (...) that the prospect of having to reject their standard methodology is one epistemologists have to take very seriously; and I will do this by arguing that some current rival theories of epistemic justification are in fact in reflective equilibrium with our intuitions about cases of justified and unjustified belief. That is, I will argue that intuition underdetermines theory choice in epistemology, in much the way that observation underdetermines theory choices in empirical sciences. If reflective equilibrium leads to the underdetermination problem I say it leads to, then it cannot satisfy the aims of contemporary epistemology, and so cannot serve as its standard methodology. (shrink)

Critical Thinking as Applied Epistemology: Relocating Critical Thinking in the Philosophical Landscape.

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

Rooted in a reasoned understanding of what it is to be a human being in community, Catholic social principles are accessible to a pluralistic, even secular, audience. Instead of being used separately in an ad hoc manner, these principles can be applied as a single analytical framework in examining ethical questions. Doing so allows the manifold dimensions of social problems to surface. The paper applies this framework on the issue of whether currency markets ought to be taxed in order to (...) deter speculation. (shrink)

This response agrees with Stanovich's emphasis on the need for decentering, and, in response to Beyth-Marom, attempts to clarify the normative-prescriptive-descriptive distinction and point in the direction of prescriptive models. It takes issue with Cabanac and with Lindsay & Gorayska.

According to a simple form of consequentialism, we should base decisions on our judgments about their consequences for achieving our goals. Our goals give us reason to endorse consequentialism as a standard of decision making. Alternative standards invariably lead to consequences that are less good in this sense. Yet some people knowingly follow decision rules that violate consequentialism. For example, they prefer harmful omissions to less harmful acts, they favor the status quo over alternatives they would otherwise judge to be (...) belter, they provide third-party compensation on the basis of the cause of an injury rather than the benefit from the compensation, they ignore deterrent effects in decisions about punishment, and they resist coercive reforms they judge to be beneficial. I suggest that nonconsequentialist principles arise from overgeneralizing rules that are consistent with consequentialism in a limited set of cases. Commitment to such rules is detached from their original purposes. The existence of such nonconsequentialist decision biases has implications for philosophical and experimental methodology, the relation between psychology and public policy, and education. (shrink)

This essay is about my coming to awareness of my national identity as a Jewish-Israeli while building a friendship with a Palestinian woman, Amal Kawar, and the place of such an awareness in the process of the re-formation of identity. To the extent that it has a conclusion, it is that, at least in the Jewish-Israeli-Palestinian context, a peace that does not reproduce the past necessitates an ethico-politically based self-examination and change.

Though multiple realization has been an important concept in the philosophy of mind and philosophy of psychology for more than fifty years, it has not been until quite recently that anyone proposed an actual theory of what multiple realization is. This paper argues that the most dominant current theories of multiple realization are unacceptable. It does so by mainly arguing for a particular methodology for theorizing about multiple realization. Rather than being mostly constrained by intuitions, as theorizing about folk notions (...) usually is, theorizing about multiple realization is, it argues, constrained by the theoretical context in which the concept was born. By the lights of this method for constructing theories of multiple realization, these current theories are unacceptable. (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) sometimes outweigh claims to property. (shrink)

Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique (...) empirical phenomenon which the word state described proved unsuccessful, and indeed led to the odd conclusion that there was nothing about the state that distinguished it from some other social institutions. For example, its coercive power was said to be not unique: in some circumstances trade unions and Churches exercised similar power over their members. Ordinary language philosophers were far more interested in the complexities that surround words such as law, authority and power than in the state. In all this there was perhaps the fear that to concentrate attention on the state was implicitly to give credence to the discredited doctrine that it stood for some metaphysical entity; propositions about which could not be translated into propositions about the actions of individuals, and which represented higher values than those of ordinary human agents. (shrink)

Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique (...) empirical phenomenon which the word state described proved unsuccessful, and indeed led to the odd conclusion that there was nothing about the state that distinguished it from some other social institutions. For example, its coercive power was said to be not unique: in some circumstances trade unions and Churches exercised similar power over their members. Ordinary language philosophers were far more interested in the complexities that surround words such as law, authority and power than in the state. In all this there was perhaps the fear that to concentrate attention on thestatewas implicitly to give credence to the discredited doctrine that it stood for some metaphysical entity; propositions about which could not be translated into propositions about the actions ofindividuals, and which represented higher values than those of ordinary human agents. (shrink)

Many anti-obesity policies face a variety of ethical objections. We consider one kind of anti-obesity policy — modifications to food assistance programs meant to improve participants' diet — and one kind of criticism of these policies, that they are inequitable. We take as our example the recent, unsuccessful effort by New York State to exclude sweetened beverages from the items eligible for purchase in New York City with Supplemental Nutrition Support Program assistance. We distinguish two equity-based ethical objections that were (...) made to the sweetened beverage exclusion, and analyze these objections in terms of the theoretical notions of distributive equality and social equality. First, the sweetened beverage exclusion is unfair or violates distributive equality because it restricts the consumer choice of SNAP participants relative to non-participants. Second, it is disrespectful or violates social equality to prohibit SNAP participants from purchasing sweetened beverages with food stamps. We conclude that neither equity-based ethical objection is decisive, and that the proposed exclusion of sugar-sweetened beverages is not a violation of either distributive or social equality. (shrink)

As concerns about the negative health effects of unhealthy eating and overweight/obesity increase, so too do efforts to combat obesity. Both the federal government, as well as state and local governments, have proposed and implemented a variety of healthy eating and obesity prevention policies. Many of these policies are controversial, facing objections that range from the practical to the ethical. In this paper, we consider one such policy — restrictions on food assistance programs that are meant to improve participants’ diet (...) — and one criticism of these policies, that they are inequitable. We take as our primary example the recent, unsuccessful effort by New York State to exclude sweetened beverages from the items eligible for purchase in New York City with Supplemental Nutrition Assistance Program. (shrink)

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

In this paper, the results of an empirical analysis of a set of 416 descriptive case studies published by corporate members of the UN Global Compact are presented. Although these cases cannot be viewed as representative of the Compact itself or of corporate social responsibility (CSR) and development in general, they can illustrate which kinds of projects are deemed appropriate as best practice examples among Compact members, and therefore indicate the direction, in which predominantly voluntary and business‐led CSR might at (...) best be evolving. To help contextualize the analysis, the paper starts with a brief overview of recent academic work on the strengths and limitations of CSR in the light of international development, followed by the empirical analysis of Compact case studies. The results raise doubts regarding the general suitability of contemporary CSR initiatives to tackle some of the most pressing developmental challenges. Instead, only certain topics are commonly addressed, while a number of issues such as anti‐corruption measures or labour rights are underrepresented in the case study sample. Regarding the target regions of the best practice examples, the majority is reported on activities based in OECD countries and a small number of emerging markets such as South Africa, India or China, while neglecting other regions such as sub‐Saharan Africa (excluding South Africa). From a European Union policy perspective, these results indicate that there is a role to play for the state in order to create a better fit between CSR agendas and the actual developmental needs in the South. (shrink)

In this paper, the results of an empirical analysis of a set of 416 descriptive case studies published by corporate members of the UN Global Compact are presented. Although these cases cannot be viewed as representative of the Compact itself or of corporate social responsibility (CSR) and development in general, they can illustrate which kinds of projects are deemed appropriate as best practice examples among Compact members, and therefore indicate the direction, in which predominantly voluntary and business‐led CSR might at (...) best be evolving. To help contextualize the analysis, the paper starts with a brief overview of recent academic work on the strengths and limitations of CSR in the light of international development, followed by the empirical analysis of Compact case studies. The results raise doubts regarding the general suitability of contemporary CSR initiatives to tackle some of the most pressing developmental challenges. Instead, only certain topics are commonly addressed, while a number of issues such as anti‐corruption measures or labour rights are underrepresented in the case study sample. Regarding the target regions of the best practice examples, the majority is reported on activities based in OECD countries and a small number of emerging markets such as South Africa, India or China, while neglecting other regions such as sub‐Saharan Africa (excluding South Africa). From a European Union policy perspective, these results indicate that there is a role to play for the state in order to create a better fit between CSR agendas and the actual developmental needs in the South. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

The dominant “harmonious” notion of a social institution used by Searle in the discussion of social facts is critically reconsidered. It is argued that an essential ingredient is missing from this notion, namely the harming feature of power. The harmonious view treats power as an important part of social institutions, but takes into account only its beneficial side. This led to a thoroughly positive notion of social institutions which makes us blind to the harm they inflict, the duality of those (...) who benefit from exerting power and those who suffer from the power being exerted upon them, and the asymmetry between leading groups and those which “are lead”. It turns out that Searle's notion of social facts is robust and compatible with a more adequate notion of social institutions emerging from the investigation. (shrink)

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (shrink)

This essay addresses Rawls’ claim in Political Liberalism that the U.S. Supreme Court would have power to overturn an amendment repealing the First Amendment. I argue that the argument succeeds if one conceives of public reason as a theory of constitutional lawmaking. This theory is founded on Rawls’ unique contributions to the concept of public reason: the criterion of reciprocity, and the content, given by a family of reasonable conceptions of political justice. This conception of public reason imports substantive moral (...) commitments into democratic theory, and thereby limits what may count as law. This essay reconstructs Rawls’ reasoning by developing a theory of public reason as law higher even than constitutional law, and then to use this theory to analyze and critique other theories, such as Ackerman’s constitutional moment. (shrink)

In this article I contrast two opposing forms of essentialism, definitional and transcendental versus productivist and historical, and trace both forms back to Kripke's Naming and Necessity (1980). Definitional essentialism, as developed by Fine, centers on kind-membership. Historical essentialism, as anticipated by Prior and developed by Almog, puts origin at its center. The article focuses on the fundamentally distinct manners in which these two views handle the necessity of origin thesis. In the final section of the article, inspired by a (...) Nietzschean genealogical methodology, I pursue a naturalization strategy and conclude that rather than origin being necessary, it is essentialist necessity that reduces to origin. (shrink)

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianismdoesin (...) fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianismcouldcondone such deprivations or sacrifices in somepossibleworld—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but intheory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

This paper argues that, with certain provisos, predicting one's future actions is incompatible with rationally deliberating about whether to perform those actions. It follows that fully rational omniscient agents are impossible, since an omniscient being could never rationally deliberate about what to do . Consequently, theories that explain practical reasons in terms of the choices of a perfectly rational omniscient agent must fail. The paper considers several ways of defending the possibility of an omniscient agent, and concludes that while some (...) of these may work, they are inconsistent with the aim of explaining practical normativity by appeal to such an agent. (shrink)

In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...) aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)