I am concerned with values in the descriptive rather than in the normative sense. I am interested in theories that seek to explain one or another aspect of people's moral psychology. Why do people value what they value? Why do they have other moral reactions? What accounts for their feelings, their motivations to act morally, and their opinions about obligation, duty, rights, justice, and what people ought to do? A moral theory like utilitarianism may be put forward as offering the (...) correct normative account of justice, or of the good, or of what people ought morally to do. The answers such a theory offers may be surprising in suggesting that what people ought to do is quite different from what they think they ought to do. I am not concerned with normative moral theories of this revisionary sort. Indeed, I am interested in less revisionary normative theories only to the extent that they can be reinterpreted as offering potential explanations of people's actual moral reactions. (shrink)

I distinguish four different interpretations of ‘equality of opportunity.’ We get four interpretations because a neglected ambiguity in ‘opportunity’ intersects a well-known ambiguity in ‘equality.’ The neglected ambiguity holds between substantive and non-substantive conceptions of ‘opportunity’ and the well-known ambiguity holds between comparative and non-comparative conceptions of ‘equality.’ Among other things, distinguishing these four interpretations reveals how misleading ‘equal opportunity for advantage’ formulations of luck egalitarianism can be. These formulations are misleading in so far as they obscure the difference between (...) two separate claims about which inequalities are consistent with true equality. Luck egalitarianism claims that inequalities that have been chosen in some suitable sense are consistent with true equality, while the traditional ideal of equality of opportunity only claims that inevitable inequalities that have been determined through fair competitions are consistent with true equality. Obscuring the difference between these two claims therefore serves both to arrogate the rhetorical advantages of the traditional ideal to luck egalitarianism and to cover over a limitation to luck egalitarianism’s ambition to provide a comprehensive principle of distributive justice. (shrink)

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

A moral compromise is a compromise on moral matters; it is agreement in the face of moral disagreement but where there is agreement on the importance of consensus -namely that it secures a morally desirable outcome. It is distinguishable from other forms of agreement, and an important distinction between moral compromise with public agreement and moral compromise with public disagreement is also made. Circumstances in which the former might be permissible are outlined, and the sense in which it is allowed (...) all things considered to agree is made clear. The relevant discussions of Dan Brock and Mary Warnock on the role of the philosopher to public policy are critically reviewed. Finally, a brief list is offered of the considerations relevant to an estimation of whether and, if so, when such compromise is allowed. (shrink)

Justice and Health Care: Selected Essays collects, in a systematic but non-chronological fashion, ten of Buchanan’s most significant essays on justice and health care, written over a period of almost three decades. As the Obama administration continues to struggle to implement much-needed comprehensive health care reform in the hopes of controlling rising health care costs and extending affordable health care to over 46 million uninsured Americans, there could hardly be a more appropriate time to read Buchanan’s selected essays.

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of a modern (...) element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision-making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

Abstract:It is argued that virtuous peers in work organizations have two elements of character no matter what the nature of the goods the organization produces: loyalty to common projects for their own sake and trustworthiness. Each of these is shown to be a uniquely human attribute, an element of character that contributes to a life well lived, and a trait that leads to the flourishing of an entire work community.

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

Abstract:Why does it matter that every negative thought you have had about car salespeople, they have likely had about you? The answer to this question opens up the distinctive challenges, and opportunities, facing business ethics. Those challenges and opportunities emerge from the significant bearing organizational reality has upon individuals’ conduct. As we consider how to assign responsibility for misconduct; how to provide guidance to organizational actors about what they ought to do; and how to develop responsive ethical theory, we need (...) to take psychological and social forces into account. Organizations shape human behavior in ways that pose unavoidable questions about responsibility, practical guidance, and the enterprise of business ethics itself. Adopting the agents’ perspective suggests that business ethics can take a leading role in addressing these vexing questions that confront ethical inquiry and social science more broadly. (shrink)

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

It is often either assumed or argued that political liberalism respects rights, while Marxism does not. In fact, many believe that the omission of rights in communism counts decisively against the viability of Karl Marx's social philosophy. Is there room for rights in Marx's social philosophy?This paper examines Allen E. Buchanan's interpretation of Marx's critique of rights. Contrary to Buchanan's view, I shall argue that Marx's critique of rights is limited rather than comprehensive in scope. I shall also set forth (...) part of a foundation of a Marxian theory of rights. (shrink)

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

This paper argues that, in a community of rights, the prima facie responsibilities of researchers to attend to the ancillary-care needs of their participants would be determined by a four-stage test . This test, it is suggested, sets a standard for common law courts that are invited to recognize the ancillary-care responsibilities of researchers, whether as a matter of contract or tort law.

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

In this paper, I make an attempt to look for a thin and general concept of law that, as far as possible, should be neutral to the more substantial views of legal moralism and legal positivism, so that it is acceptable from both points of view. With this aim in view, I shall begin with a few remarks on concept formation and name a list of necessary requirements on an appropriate concept of law. On this basis, I intend to discuss (...) a number of contemporary legal theories in view to their respective interpretations of the concept of law. Finally, I want to propose a definition of law that not only satisfies the requirements of the concept of law, but is also general enough to be compatible with both camps of legal thinking. (shrink)

Discourse about the use of animals in biomedical research usually focuses on two issues: its empirical and moral use. The empirical issue asks whether the use of nonhumans in experiments is required in order to get data. The moral issue asks whether the use of nonhumans can be defended as matter of ethical theory. Although the use of animals in research may involve a plausible necessity claim, no moral justification exists for using nonhumans in situations in which we would not (...) use humans. (shrink)

A democratic society cannot flourish if its citizens merely pursue their own narrow interests. If it is to do more than survive, at least a substantial proportion of its citizens must fulfill responsibilities that go beyond simply avoiding the violation of others' rights and occasionally casting a vote. The vitality and success of a democracy requires that many citizens — ideally all of them — contribute something to their communities and participate responsibly in the political process. The disposition to do (...) these things is a large part of what constitutes civic virtue. But that virtue encompasses considerably more. My task here is to explore civic virtue. I first outline a conception of virtue in general and, with that set out, pursue the question of what makes a virtue civic. My special concern is to articulate what constitutes civic virtue in relation to an enduring problem for democratic societies and especially for the pluralistic democracies of the Western world: how to determine what constitutes a proper relation between religion and politics and, in the lives of religious citizens having civic virtue, an appropriate balance between religious and secular considerations. (shrink)

Robert P. George, Making Men Moral: Civil Liberties and Public Morality Oxford: Clarendon Press, 1993, xvi + 241 pp.

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)

While many countries are following the lead of the United States in making insider trading illegal, its moral status is still controversial. I summarise the scholarly debate over the fairness of insider trading and lay bare the assumptions about fairness implicit in that debate. I focus on the question whether those assumptions can be defended independently of a more comprehensive theory of social justice. Current analyses presuppose that we can intelligently discuss what the social rules regarding insider trading should be (...) while ignoring questions about the broader principles of justice that should be adopted and the extent to which existing institutions realise those principles. I argue that such questions must be addressed. I then employ an egalitarian conception of social justice to analyse insider trading. I thereby illustrate how a more systematic approach, grounded in a comprehensive theory of justice, transforms the debate about the fairness of insider trading. (shrink)

According to an influential view, empathy has, and should have, a role in ethics, but it is by no means clear what is meant by 'empathy', and why exactly it is supposed to be morally good. Recently, Peter Goldie has challenged that view. He shows how problematic empathy is, and argues that taking an external perspective is morally superior: we should focus on the other, rather than ourselves. But this argument is misguided in several ways. If we consider conversation, there (...) is no need to see an opposition between a focus on the other and on ourselves. I propose to shift the perspective of the discussion towards the needs of those who are supposed to benefit from empathy, and to study how people communicate their imaginative processes towards their receivers. I end with an exploration of theoretical resources for an account of mutual perspective- shifting. (shrink)

In this article, I defend the thesis that selfishness and altruism can be intrapersonal . In doing so, I argue that the notions of intrapersonal altruism and selfishness usefully pick out behavioural patterns and have predictive value. I also argue that my thesis helps enrich our understanding of the prudential, and can subsume some interesting work in economic and psychological theory.

This Philosophy Compass article continues the comparison between Confucian and mainstream Western views of personhood and their connection with ethics begun in Confucianism and Ethics in the Western Philosophical Tradition I: Fundamental Concepts , by focusing on the Western self conceived as an independent agent with moral and political rights. More specifically, the present article briefly accounts for how the more strictly and explicitly individualistic notion of self dominating Western philosophy has developed, leading up to a recent debate in modern (...) Western rights theory between Herbert Fingarette and Henry Rosemont, Jr., two contemporary Western philosophers who are both steeped in Confucian thought as well as moral and political philosophy. This discussion elucidates how Confucianism can be compared to, and even contrasted with some basic principles of modern Western rights theory and the more individualistic view of self they entail. In the end, a new view of personhood and "free will"? is offered that synthesizes insights from the Confucian treatment of persons as being essentially interdependent with the Western treatment of persons as being essentially independent. (shrink)

The notion that exploitation consists in taking wrongful advantage of another’s vulnerability is widespread in the philosophical literature. Considering the popularity of this view, it is disappointing to find that very few authors attempt to provide substantive accounts of characteristics they consider relevant vulnerabilities (i.e., those pertinent to exploitation), as well as of relevant features which make taking advantage of those vulnerabilities wrongful. In this paper, I analyze the few approaches (notably those presented by Ruth Sample and Robert Goodin) that (...) in fact provide such accounts, and I examine whether and how they pertain to exploitation in general, as well as to exploitation in more personal/intimate relationships. I conclude that these vulnerability-based accounts of exploitation are either too vague or too restrictive, since they tend to leave out many instances of exploitation (especially those within personal and intimate relationships), and are as such inadequate. (shrink)

In the spring of 1985, 272 upper?class and graduate students from four large journalism schools completed a questionnaire indicating their beliefs on issues relevant to media ethics. Respondents indicated a strong tendency to follow their audiences rather than their personal beliefs, when the two conflict, in making editorial judgments. They also placed high emphasis on audience research rather than on audience needs not fully appreciated by audience members. Contrary to what recent research literature suggests, those inclined to stress audience research (...) most tended to subscribe to a least common denominator mode, rather than an audience segmentation approach, when taking their audiences into account as prospective professional communicators. Results are considered in light of four postulates derived from recent literature on ethics. (shrink)

In recent work, Rawls, Nozick, and the ?democratic?socialist? theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ? ?life, liberty, and property? (Nozick); and (3) democratic (...) socialist rights of self?management of the work?place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ?social paradigm of human agency? concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ?emancipates? are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ?equality in the social bases of self?respect?. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self?stultifying division of labor. (shrink)

Catholic Social Teaching has taken a remarkable turn with the May 1991 document on economic ethics,Centesimus Annus. During their one hundred year history, church documents were notable for their courageous championing of the rights of the least advantaged; they were much less distinguished for their understanding of how markets and incentives function in capitalism. Most business leaders admired church teaching for its compassion but had little respect for its competence. With this most recent document, however, there is a growing conviction (...) that the church may have come of age in economic ethics. Even theWall Street Journal has celebratedCentesimus Annus. The article outlines the highlights of the document and its points of continuity with the tradition. Responses from business and the academy are also briefly considered. (shrink)

This paper examines the foreign direct investment decision from an ethical perspective, and considers the moral agency involved in such decisions, with emphasis upon the corporate decision-maker. Historical capital allocation models once regarded as both financially and ethically normative are shown to be deficient in today's environment. Work of modern western philososphical and theological ethicists is included in analyses of the applicability of selected ethical approaches or metaphors to multinational foreign direct investment decisions and the corporate manager's role and responsibility (...) as corporate decision-maker and moral agent. The ethical perspectives reviewed can serve as an aid to the individual manager's determination of what constitutes a responsible exercise of decision-making power. (shrink)

This essay explores why people sometimes act against their economic interests, and, more particularly, why people sometimes knowingly and intentionally support economic inequality even though they are disadvantaged by it, a phenomenon I call masochistic inegalitarianism. The essay argues that such behavior is an inherent and widespread feature of human nature, and that this has important though previously overlooked practical and theoretical implications for any conception of distributive justice. On the practical side, masochistic inegalitarianism suggests that any theory of distributive (...) justice with more than the most modest egalitarian aspirations is inherently self-defeating (or at least self-limiting) because it will naturally produce the background conditions necessary to trigger masochistic behavior among the very people it is designed to assist. On the theoretical side, masochistic inegalitarianism suggests that there are serious problems with any theory of distributive justice based on the idea of hypothetical consent. This is because people with masochistic tendencies would be unlikely to consent to the distributive arrangements these theories have presumed, and the arrangements to which they would be likely to consent would allow a far greater degree of economic inequality than we are prepared to acknowledge as intuitively just. Either we must rethink our intuitions, or, as I contend, there is something about masochistic inegalitarianism that robs hypothetical consent of its moral force. (shrink)

Much modern liberal political theory takes the concept of autonomy as central and argues that political arrangements are to be assessed, in some part, by their ability to foster the development of individual autonomy understood as being the author of one's own life. This paper argues that so understood, autonomy is less important than is usually thought The liberal requirement that we 'author' our own lives disguises the importance of also being accurate readers of our own lives. I explore the (...) metaphor of reading through a discussion of the character of Nora in Ibsen's Doll's Houseand argue that Nora's case demonstrates the limitations of the liberal understanding of autonomy as involving authorship of one's own life. (shrink)