The resuscitation of deliberative democracy in the Information Age requires the construction of transparent public spaces ‐ public arenas where power relationships between speakers are discernible and debate ensues according to the rules of civility and reason (conversational transparency). The metaphor of transparency, in the sense of legal accountability, also connects the role of communications regulation to the development of democratic political culture (legal transparency). Finally, transparency suggests the power of technology to obscure and hinder as well as help the (...) progress of deliberative democracy (technological transparency). (shrink)

The ArgumentSome have claimed that negative genetic interventions are morally permissible while positive ones are not, but the distinction cannot be used to draw this moral boundary. Underlying the negative/positive distinction is a distinction between treatment and enhancement. The treatment/enhancement distinction at best provides an imperfect guide to which health care services we are obliged to provide and which we are not. It offers only some “warning flags” to help us think about what is permissible or not.

This paper addresses Richard Vernon's approach to reconciling cosmopolitan political morality with particularized political obligations in his work, Cosmopolitan Regard. It situates his approach in his critical treatment of competing transactional theories of obligation, particularly reciprocity for benefits received, and presents his justification of particularized political obligations towards fellow members of persons' own state, based on complicity in unique systems of risk exposure. The paper also presents a critical treatment of his theory, and goes on to outline an alternate conception (...) of legitimacy without obligation as promising in addressing the identified concerns and as applicable to structures of governance beyond the state. (shrink)

Social capital has as its key element the value of social relationships to generate positive outcomes, both for the key parties involved and for wider society. Some authors have noted that social capital nevertheless has a dark side. There is a moral element to such a conceptualisation, yet there is scarce discussion of ethics within the social capital literature. In this paper ethical theory is applied to four traditions or approaches to economic social capital: neo-capitalism; network/reputation; neo-Tocquevellian; and development. Each (...) is considered in detail and subject to ethical analysis by the application of utilitarianism, Kantianism, justice and rights, and ethic of care. Accordingly, the assumption that social capital is either value-neutral or a force for good is critiqued, and a framework for understanding social capital from an ethics perspective is presented. (shrink)

It seems to be almost a given of contemporary Anglo-American political philosophy that the just society is obligated to establish and ensure the equality of its members. Debate begins when we come to delineate the forms and limits of the equality society is obligated to underwrite. In this essay I offer the subversive suggestion that equality is not something the just society should aim for. Instead I offer another objective, one which is to be preferred both because it is more (...) attainable and because it is morally more defensible than equality, either as an ideal or as an operative principle. The demand for equality of treatment, of opportunity, or of outcome, is a distraction from morally more significant aims. (shrink)

In recent years there has been growing interest in the contrast between Humean theories of property, on the one hand, and Lockean and Rousseauian theories, on the other. The contrast is a broad and abstract one, along the following lines.

In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...) unchecked. To address this problem, I begin from two basic questions: When are violations of human rights sufficiently serious to require an international response of some sort? What should that response be? By re-orienting the aim and justification of international law to focus on individual autonomy rather than on peace between nations, I argue that women's rights violations other than genocide and mass rape can warrant intervention. Military intervention is often counter-productive to the aim of achieving autonomy, however. I suggest a range of responses to human rights violations that includes military intervention as one end of the spectrum, and combine this with a greater understanding of the scope of human rights violations that require international response. (shrink)

The purpose of this article is to revisit Brown as a paradigmatic understanding of social justice and its barriers, by reconsidering Brown in light of the three moral pillars of democracy identified by Cornel West (2004). West maintains that authentic deep democracy is grounded in three fundamental capacities and dispositions, or pillars: (a) Socratic questioning, (b) a prophetic commitment to justice, and (c) tragicomic hope. West's articulation of these pillars constitutes 20 a philosophical framework for the exploration of the basic (...) demands of justice in a democratic society. These moral pillars can also offer useful insights into this phase of living exploration of Brown and its central place in educational studies. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations rendersMNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for the performance (...) of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

Galvao-Pedro_Sera-o-contratualismo-reconciliavel-com-o-consequencialismo.

Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

Here I argue that the hyper-individualistic and rationalistic ethical paradigms – originating in the late eighteenth century and dominating moral philosophy, in various permutations, ever since – cannot capture the moral concerns evoked by the prospect of global climate change. Those paradigms are undone by the temporal and spatial scales of climate change. To press my argument, I deploy two famous philosophical tropes – John Rawls's notion of the original position and Derek Parfit's paradox – and another that promises to (...) become famous: Dale Jamieson's six little ditties about Jack and Jill. I then go on to argue that the spatial and especially the temporal scales of global climate change demand a shift in moral philosophy from a hyper-individualistic ontology to a thoroughly holistic ontology. It also demands a shift from a reason-based to a sentiment-based moral psychology. Holism in environmental ethics is usually coupled with non-anthropocentrism in theories constructed to provide moral considerability for transorganismic entities – such as species, biotic communities, and ecosystems. The spatial and temporal scales of climate, however, render non-anthropocentric environmental ethics otiose, as I more fully explain. Thus the environmental ethic here proposed to meet the moral challenge of global climate change is holistic but anthropocentric. I start with Jamieson's six little ditties about Jack and Jill. (shrink)

Is capitalist production unjust? It is easy to think, upon first reading Marx, that he answers this question in the affirmative. And I shall argue that this naive reading is correct. This needs to be argued, however, for a more careful scrutiny of Marx's writings reveals passages in which he seems to call capitalist production just or fair. Relying upon these passages, Robert Tucker and Allen W. Wood have urged that, in Wood's words,it is simply not the case that Marx's (...) condemnation of capitalism rests on some conception of justice, and those who attempt to reconstruct a “Marxian idea of justice” from Marx's manifold charges against capitalism are at best only translating Marx's critique of capitalism, or some aspect of it, into what Marx himself would have consistently regarded as a false, ideological, or “mystified” form.What Marx regarded as false and mystified, however, is not the practice of assessing social institutions as just or unjust, but rather the picture of those institutions, and especially of capitalist production, to be found in bourgeois ideology. (shrink)

Rawls's recent articulation of his theory of justice in Political Liberalism (1993) carries on the contractarian approach to defining justice, which was first laid out in A Theory of Justice (1971). However, this approach is now characterised as ‘political’, not metaphysical. It is intended to appeal to those who are deeply divided by cultural, religious, and moral beliefs: it is to explain how justice can be stable in a divided society. This ‘political’approach, nevertheless, has narrowed its appeal. Since it relies (...) on the shared ideas in democratic societies, its appeal becomes political and cultural. Morever, this theory's requirement of equal basic liberties for a just society calls for a relatively developed economy and social institutions. It fails to provide guidance to societies that, owing to their lesser development, cannot afford to guarantee the worth of equal basic liberties. The structual insufficiency of Rawls's ‘political’theory explains the failure of his continuing efforts to extend his liberal theory of justice to the international terrain. This essay analyses this insufficiency and the narrow applicability of Rawls's ‘political’theory of justice. (shrink)

I discuss the propositional knowledge of an omniscient being, knowledge of facts that can be represented by that-clauses in sentences such as ‘John knows that the world is round.’ I shall focus upon questions about a supposedly omniscient being who propositionally knows the truth about all current states of affairs. I shall argue that there is no such being.

A commentary on Richard Joyce's The Evolution of Morality.

Zohar applies Talmudic views on communal sin to contemporary political discourse by posing the question "Are we our brothers' keepers?" The essay addresses international responsibility to protect victims of oppression worldwide.

For several years, MBA students enrolled in a Business & Society/Business Ethics class at the University of Wisconsin-Madison have been volunteering their services at homeless shelters and in low-income communities. Students also work with low-income residents and relevant stakeholders on evolutionary team projects aimed at improving living conditions in low-income communities. These projects include starting a grocery co-op, credit union, day-care center, job training center and a transportation business. In addition, student groups develop service networks that link low-income communities with (...) student organizations, other university professors and United Way volunteers. This article provides an evolutionary summary of these projects with the hope that other professors will adopt them for their classes. (shrink)

We can distinguish two liberal paradigms that stand in opposition to each other. Liberalism as non-domination seeks to eliminate identities resulting from domination and oppression and hindering the emancipation of individuals. Liberalism as recognition holds that ‘the idea of a human world without identities makes no sense’ (Appiah) and considers identities to have their source in individual liberty and to provide the grounds for pluralism. The two liberal paradigms come to largely different results regarding the role of the state and (...) civil society. The paradigm of non-domination tends to enforce individual rights, if necessary against a hostile cultural and religious context. The paradigm of recognition defends mostly individual liberties, if necessary at the expense of certain individual rights. Liberalism stands here in front of a major dilemma: Either it protects individual rights in the sense of freedom as non-domination, or it defends individual liberties in Isaiah Berlin's tradition of negative liberty– in too many cases and in too many parts of the world, liberalism, understood in the terms presented here, cannot have it both ways. This review article argues that the liberal paradigms of non-domination and recognition are complementary; liberalism is about both recognition and non-domination. Following policy recommendation can be drawn: (1) Democratic institutions (parliament, political parties and constitutional courts) and democratic rights (right to vote, right of assembly and freedom of speech) are most efficient in fighting domination. (2) Although social identities are not fixed and open to change, they cannot be engineered by the state or civil society organizations and grow out of some form of social consensus. (3) The consensus around identities takes place within the pluralist public and civil sphere of a community. (4) While the support in the development of individual capabilities by the state is effective against domination, also history and collective memory help to overcome the traumatic experience of domination. (5) Systemic transformation requires the support from below, notably from the civil society, and is based on individual liberties. (shrink)

School closure is one of the most debated measures undertaken to contain the spread of the Coronavirus disease (COVID-19) pandemic. The pandemic has devastating health and socio-economic effects and must be contained, but schools play a vital role in present and future well-being, capabilities and health of children. We examine the detrimental consequences of both the closure and reopening of schools, by focusing on inequalities in the challenges affecting children and their families. This paper is grounded on Irish and Italian (...) data from a multi-national longitudinal qualitative interview study. Research participants articulated a variety of issues and challenges that highlight inequalities in access to education during school closures, in the supportiveness of home setting, and in school preparedness to reopen, often mirroring or exacerbating pre-existing inequalities. The reported unequal lived experiences indicate that some harms are actionable, and already suggest some potential harm mitigation strategies. We conclude by advocating for enhanced public consultation to help mitigate the consequences of public dilemmas in general, and to help detect and tackle inadequacies and inequalities for school children through and beyond the pandemic, by learning from the experience of the concerned actors. (shrink)

I argue that the use of the separateness of persons in the debate between the priority view and the competing claims view is deeply flawed. In making the case, I argue for three points. First, that...

In this paper, I argue that men should take primary responsibility for protecting against pregnancy. Male long-acting reversible contraceptives are currently in development, and, once approved, should be used as the standard method for avoiding pregnancy. Since women assume the risk of pregnancy when they engage in penis-in-vagina sex, men should do their utmost to ensure that their ejaculations are responsible, otherwise women shoulder a double burden of pregnancy risk plus contraceptive responsibility. Changing the expectations regarding responsibility for contraception would (...) render penis-in-vagina sex more equitable, and could lead to a shift in the discourse around abortion access. I describe the sex asymmetries of contraceptive responsibility and of pregnancy-related risk, and offer arguments in favour of men taking primary responsibility for contraception. My arguments centre on: analogies between contraception and vaccination, and unwanted pregnancy and disease; a veil-of-ignorance approach, in which I contend that if a person were not told their sex, they would find a society in which men were expected to acquire and use effective contraceptives the fairest arrangement for everyone. (shrink)

This article is concerned with the antagonistic character of democratic politics, specifically in relation to the neo-republican conceptualisation of politics, as outlined by Philip Pettit. I take up a problem not addressed in the neo-republican scholarship, namely, the broader dispute over the practice of contestation and the scope of its reach in relation to the activity of politics. This article proceeds through an examination of what I call Pettit’s method of political theory in order to approach sideways the concept of (...) ‘contestation’ as a marker for a sublimated antagonistic dimension of neo-republican politics. Drawing on the work of Rancière and the insights of post-Nietzschean critical theory (Derrida, Laclau and Arendt), I examine the relationship between populism, democratic contestation and non-domination in neo-republican discourse. As such, this article exerts pressure on Pettit’s privileging of a status concept of freedom as the supreme political ideal of republican politics. This article explores the political possibilities opened up through a re-politicisation of non-domination, and the radical potential that resides in a politics that does not foreclose on democracy, understood in terms of popular power and not popular control. (shrink)

It is sometimes said that a society should be judged ethically by how it treats its least-fortunate or worst-off members. In one interpretation this is not a point about justice, but instead about moral virtues such as compassion and charity. In our response to the least fortunate among us, we display, or show that we lack, fundamental moral virtues of fellow feeling and concern for others in need. In a different interpretation, however, this point is about justice and a just (...) society—the justice of a society is shown especially in how it treats its least-fortunate members. (shrink)

Utilitarians are said to be indifferent between interpersonal and intrapersonal transfers. In doing so, they fail to register the separateness of persons. This ‘separateness of persons’ objection has been traditionally used against utilitarianism, but more recently against prioritarianism. In this paper, I examine how yet another distributive view, namely sufficientarianism, fares in this respect. Sufficientarians famously believe that while inequality as such does not matter, what does matter is that all individuals meet some adequate threshold. It is often taken for (...) granted that sufficientarianism does not violate the separateness of persons. In this paper, I seek to show that that is not the case. The main challenge, however, proves to be formulating an accurate understanding of what the separateness of persons precisely means. I offer several interpretations and argue that sufficientarianism, surprisingly, violates them all. Sufficientarianism, just like utilitarianism does not respect the separateness of persons. (shrink)

Je défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J’esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l’intersubjectivité historique dans l’évolution subséquente de la (...) morale. J’expliquerai aussi pourquoi je considère que l’intégration d’un volet cohérentiste au constructivisme permet d’atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j’esquisserai pourquoi l’idée d’un «espace des raisons morales» indépendant, à certains égards, de l’esprit humain est compatible avec le constructivisme humien.I defend a version of what Sharon Street has dubbed “Humean constructivism.” I’ll first sketch out why I think that contextual constructivism provides us with a more plausible understanding of the ontological status of values than both Kantian constructivism and moral realism. In addition to its recognition of the role of evolutionary pressures in the emergence of human morality, contextual constructivism must now clarify the role of historical intersubjectivity in the subsequent development of morality. I will then claim that adding a coherentist module to Humean constructivism provides a satisfactory answer to those who fear that contextual metaethical theories can only be non-cognitivist. Finally, I will sketch out why I think that the notion of a mind-independent “space of moral reasons” is largely compatible with Humean constructivism. (shrink)

This article presents the promising framework for educational decision makers developed by Brighouse, Ladd, Loeb, and Swift. The framework consists of an account of the educational goods, distributional principles and independent values at stake in education, and a method for making policy decisions on the basis of these and solid social science. I present three criticisms of this approach. The first says that the derivation of educational goods proceeds on the basis of a too narrow conception of values. I suggest (...) that this foundation should consist of an overlapping consensus, rather than flourishing. The second criticism has to do with the way that the distributive principles are characterized. I argue that BLLS’s characterization of distributive principles should be complemented with accounts of what domains of social life these principles regulate and a specification of whether the distributive principles should be understood as applying over time or at specific instances. The final criticism is that BLLS’s conception of independent values focuses solely on values that constrain the pursuit of educational goods. I claim that this part of the framework should be revised to include aspects of values that also support this pursuit. I conclude arguing that the BLLS frameworks should be further developed rather than rejected. (shrink)

This paper discusses the thought of the medieval Maghrebin thinker Ibn Khaldun through the prism of the philosophy and sociology of law and politics. I will first try to illustrate how, even if Ibn Khaldun wrote in the fourteenth century, he anticipated many core concepts that are characteristic of modern Western sociological and philosophical thought. The argument is thus made that his thought can, and indeed must, be rescued from the wide neglect that, outside the specialized field of Khaldunian studies, (...) it has so far suffered in our treatment and teaching of the history of politico-legal sociological thought. I will then claim that the scheme he devised to explain the rise and fall of civilizations can also, with due care, be used to frame and understand the political and cultural landscape in which the West and the Islamic world are presently engaged in a difficult dialogue. The discussion is in this sense offered in the hope of making a contribution to the current politico-legal philosophical and sociological debate on multiculturalism, and on the limits of its scope. (shrink)

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following an (...) interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)