People have accidents. They get old. They eat too much. They have bad luck. And sooner or later, something will be fatal. It would be a better world if such things did not happen, but they do. There is no use arguing about it. What is worth arguing about is whether it makes for a better world when people have to pay for other people's misfortunes and mistakes rather than their own.

This chapter discusses (in German) John Stuart Mill's position on paternalism and how it relates to his book 'The Subjection of Women'. It is argued that Mill's claim (in On Liberty) that one should not be allowed to sell oneself into slavery is making reference to the Victorian marriage contract through which women essentially become slaves of their husbands. As argued in Subjection, women do not freely develop the desire to get married, the social circumstances do not leave them any (...) other options. Necessarily unaware of what married life is like, the decision to get married is like crossing an unsafe bridge without knowing it is unsafe. It is not paternalist, as Mill argues, to alert them to the condition of the bridge and put them in the position to decide for themselves whether they want to cross it (or turn back half way, e.g. by divorcing). (shrink)

In this article, I develop and defend a prioritarian principle of justice for the distribution of educational resources. I argue that this principle should be conceptualized as directing educators to confer a general benefit, where that benefit need not be mediated by improved academic outcomes. I go on to argue that it should employ a metric of all-things-considered flourishing over the course of the student's lifetime. Finally, I discuss the relationship between my proposed prioritarian principle and the meritocratic principle that (...) it is presumed to supplement. (shrink)

Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Karsten Schubert liefert die erste systematische Rekonstruktion der sozialphilosophischen Debatte um Freiheit bei Foucault und eine neue Lösung für das Freiheitsproblem: Freiheit als die Fähigkeit zur reflexiven Kritik der eigenen Subjektivierung – kurz: Freiheit als Kritik – ist das Resultat von freiheitlicher Subjektivierung in politischen Institutionen. Der Band zeigt so die Konsequenzen von Foucaults Freiheitsdenken für die Demokratietheorie und die allgemeine sozialphilosophische Freiheitsdiskussion auf.

In der Debatte um Freiheit bei Foucault wird das „Freiheitsproblem“ verhandelt: Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Der Aufsatz leistet eine Rekonstruktion und interne Kritik der besten Interpretationsstrategien von Foucaults Werk, die die Lösung dieses Problems zum Ziel haben, und entwickelt dabei eine neue These: Freiheit als Fähigkeit zur reflexiven Kritik der eigenen Subjektivierung ist abhängig von freiheitlicher Subjektivierung durch politische Institutionen. Die Interpretationsstrategien werden systematisch unterschieden und anhand der Arbeiten exemplarischer (...) Vertreter_innen diskutiert: 1. Foucault ist kohärent, 2. Foucault korrigiert sich, 3. Foucault kritisiert kohärent, 4. Foucault ist nicht genug. Gegen Lemke wird argumentiert, dass Freiheit nicht durch eine anarchistische, sondern nur durch eine institutionalistische Foucault-Lesart bestimmt werden kann. Mit Saar wird gezeigt, dass das Ziel einer eindeutigen Definition von Freiheit im Gegensatz zur Methode der genealogischen Kritik steht und nur im Rahmen der normativen politischen Theorie verfolgt werden kann. In Auseinandersetzung mit Allen wird argumentiert, dass Freiheit nicht in linken Bewegungen verortet werden kann, sondern nur in demokratischen Institutionen. (shrink)

Foucault’s theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of ‘freedom as critique’: Freedom can be defined as the capability to critically reflect upon one’s own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault’s thinking obscures freedom. The standard response (...) interprets Foucault’s later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault’s work. By differentiating these concepts, this article proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for ‘modal robustness’ and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault’s thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion about freedom. (shrink)

Henry Sidgwick has gone down in the history of philosophy as both the great, classical utilitarian moral theorist who authoredThe Methods of Ethics, and an outstanding exemplar of intellectual honesty and integrity, one whose personal virtues were inseparable from his philosophical strengths and method. Yet this construction of Sidgwick the philosopher has been based on a too limited understanding of Sidgwick's casuistry and leading practical ethical concerns. As his friendship with John Addington Symonds reveals, Sidgwick was deeply entangled in an (...) effort to negotiate the proper spheres of the public and private, not only in philosophical and religious matters, but also with respect to explosive questions of sexuality – particularly same sex actions and identities, as celebrated by Symonds and other champions of Oxford Hellenism and Whitmania. His willingness to mislead the public about such issues suggests that Sidgwick's utilitarian casuistry was rather more complex and esoteric than has been recognized. (shrink)

It is a central tenet of ethical intuitionism as defended by W. D. Ross and others that moral theory should reflect the convictions of mature moral agents. Hence, intuitionism is plausible to the extent that it corresponds to our well-considered moral judgments. After arguing for this claim, I discuss whether intuitionists offer an empirically adequate account of our moral obligations. I do this by applying recent empirical research by John Mikhail that is based on the idea of a universal moral (...) grammar to a number of claims implicit in W. D. Ross’s normative theory. I argue that the results at least partly vindicate intuitionism. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

This article identifies a fundamental distinction in scientific practice: the mismatch between what scientists do and what they state they did when they communicate their findings in their publications. The insight that such a mismatch exists is not new. It was already implied in Hans Reichenbach's distinction between the contexts of discovery and justification, and it is taken for granted across the board in philosophy of science and science studies. But while there is general agreement that the mismatch exists, the (...) epistemological implications of that mismatch are not at all clear. Philosophers, historians, and sociologists of different stripes have expressed widely different views about how one should understand and interpret the relation between what scientists do and what they state they did. This article surveys a number of approaches to the mismatch. Based on this survey, I offer an assessment of the epistemological significance of the mismatch and identify the major meta-epistemological challenges that it poses for the analysis of scientific practice. *Received May 2007; revised April 2008. †To contact the author, please write to: Department of History and Philosophy of Science, 1011 East Third Street, Goodbody Hall 130, Indiana University, Bloomington, IN 47405; e-mail: [email protected]. (shrink)

Journal of Political Philosophy, EarlyView.

In this paper I will argue that liberal multiculturalism is neither a necessary nor a convincing extension of liberalism. In evaluating the two main strands of liberal multiculturalism, I will first analyse the approaches of Charles Taylor and Bhikhu Parekh as the main proponents of the version that focuses on the cultures themselves and raises the issue of the value of cultures in connection with public discourse. I will then turn to Amy Gutmann and Will Kymlicka as liberal multiculturalists who (...) use the liberal norm of individual equality as a starting point. I will show that the arguments adduced in favour of liberal multiculturalism fail, due to the following shortcomings. Taylor’s approach is underspecified with respect to the relationship between the process of evaluating cultures and its outcome. Gutmann’s theory fails to bridge the gaps between the individual, cultural belonging and positive duties of the state. Parekh’s and Kymlicka’s theories lead back to liberalism. I conclude that the idea of cultural difference has little of substance to add to the liberal view of social justice. (shrink)

With the growing focus on prevention in medicine, studies of how to describe risk have become increasing important. Recently, some researchers have argued against giving patients “comparative risk information,” such as data about whether their baseline risk of developing a particular disease is above or below average. The concern is that giving patients this information will interfere with their consideration of more relevant data, such as the specific chance of getting the disease (the “personal risk”), the risk reduction the treatment (...) provides, and any possible side effects. I explore this view and the theories of rationality that ground it, and I argue instead that comparative risk information can play a positive role in decision-making. The criticism of disclosing this sort of information to patients, I conclude, rests on a mistakenly narrow account of the goals of prevention and the nature of rational choice in medicine. (shrink)

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

One of the most discussed issues in psychology—presently and in the past—is how to define and measure the extent to which human cognition is rational. The rationality of human cognition is often evaluated in terms of normative standards based on a priori intuitions. Yet this approach has been challenged by two recent developments in psychology that we review in this article: ecological rationality and descriptivism. Going beyond these contributions, we consider it a good moment for psychologists and philosophers to join (...) forces and work toward a new foundation for the definition of rational cognition. We take a first step in this direction by proposing that the rationality of both cognitive and normative systems can be measured in terms of their cognitive success. Cognitive success can be defined and gauged in terms of two factors: ecological validity (the system's validity in conditions in which it is applicable) and the system's applicability (the scope of conditions under which it can be applied). As we show, prominent systems of reasoning—deductive reasoning, Bayesian reasoning, uncertain conditionals, and prediction and choice—perform rather differently on these two factors. Furthermore, we demonstrate that conceptualizing rationality according to its cognitive success offers a new perspective on the time-honored relationship between the descriptive (“is”) and the normative (“ought”) in psychology and philosophy. (shrink)

It is often assumed that in order to avoid the most severe consequences of global anthropogenic climate change we have to preserve our existing carbon sinks, such as for instance tropical forests. Global carbon sink conservation raises a host of normative issues, though, since it is debatable who should pay the costs of carbon sink conservation, who has the duty to protect which sinks, and how far the duty to conserve one’s carbon sinks actually extends, especially if it conflicts with (...) other duties one might have. According to some, forested states like Ecuador have a duty to preserve their tropical forests while the rich states of the global North have a duty of fairness to compensate states like Ecuador for the costs they incur. My aim in this paper is to critically analyse this standard line of argument and to criticise its validity both internally and externally. As I will argue, the duty to conserve one’s forests is only a particular instantiation of a wider, more general duty to contribute towards global climate justice for which the context in which one operates matters significantly. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...) latent tension between the constitutional commitments to democracy and liberalism, that is, the equal chance to have one’s political goals enacted into law and individual basic rights. Political extremists make the latent tension real when they use the procedures of democratic legal change to abrogate constitutional commitments to liberalism, among other things. Although the two commitments normally coexist side by side, exceptional times raise an existential dilemma for liberal democracies: is it constitutional to democratically amend liberalism out of the constitution? After analysing the moral legitimacy of both the democratic and liberal arguments, this article concludes that liberal constitutionalism is constitutive of genuine democracy. In other words, it is unconstitutional to abrogate basic liberal commitments and it is legitimate to adopt constitutional mechanisms to guarantee liberalism – even if it means constraining democracy to do so. This article then situates ‘constrained democracy’ within the liberal current as a way to conceive of and respond to this pressing problem. It concludes by discussing four constitutional mechanisms – inspired by the German Grundgesetz – to guarantee liberalism: unambiguous lexically prior commitment to liberalism, limits on negative majorities, the eternity clause and party bans. It concludes that constrained democracy is an important constitutional guarantee of liberal democracy and that the four mechanisms, among others, are essential to enact constrained democracy. (shrink)

Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...) latent tension between the constitutional commitments to democracy and liberalism, that is, the equal chance to have one’s political goals enacted into law and individual basic rights. Political extremists make the latent tension real when they use the procedures of democratic legal change to abrogate constitutional commitments to liberalism, among other things. Although the two commitments normally coexist side by side, exceptional times raise an existential dilemma for liberal democracies: is it constitutional to democratically amend liberalism out of the constitution? After analysing the moral legitimacy of both the democratic and liberal arguments, this article concludes that liberal constitutionalism is constitutive of genuine democracy. In other words, it is unconstitutional to abrogate basic liberal commitments and it is legitimate to adopt constitutional mechanisms to guarantee liberalism – even if it means constraining democracy to do so. This article then situates ‘constrained democracy’ within the liberal current as a way to conceive of and respond to this pressing problem. It concludes by discussing four constitutional mechanisms – inspired by the German Grundgesetz – to guarantee liberalism: unambiguous lexically prior commitment to liberalism, limits on negative majorities, the eternity clause and party bans. It concludes that constrained democracy is an important constitutional guarantee of liberal democracy and that the four mechanisms, among others, are essential to enact constrained democracy. (shrink)

A central metaphilosophical project seeks to evaluate the reliability of the types of evidence that figure in philosophical arguments and, relatedly, the justificatory status of relying on those types of evidence. Traditionally, metaphilosophers have approached this project via an analysis of intuition. This article argues that the category picked out by “intuition” is both too broad and too heterogeneous to serve as the appropriate target for metaphilosophical inquiry. Intuition is a gerrymandered and disjunctive kind, undeserving of the widespread attention it (...) receives in the literature. Instead, metaphilosophers should examine more finely grained mental states. Three promising strategies for parsing intuitions more finely are proposed: by their causal origins, by their context of employment, and by the exoticism of their content. This more narrow focus may significantly alter the dialectic in three prominent metaphilosophical arguments: the argument from calibration, the argument from self-defeat, and the argument from intuitional sensitivity. (shrink)

Abstract 1 This paper makes a preliminary case for a central and radical claim. I begin with Bernard Williams? seldom-faced argument that integrity cannot be a moral virtue because it lacks two key ingredients of moral virtues, namely a characteristic thought and motivation. Whereas, for example, generosity involves the thought that another could use assistance, and the motivation to actually give assistance, integrity lacks these two things essential to morally excellent responses. I show that several maneuvers aimed at avoiding Williams? (...) challenge fail and that others are likely to remain unpersuasive. The paper concludes by offering an argument to the best explanation: Williams? important insight is best explained by the supposition that integrity is an epistemic virtue, and an epistemic virtue of a practical sort. (shrink)

Does doing good in itself make one a better person? This idea is intuitive yet its precise formulation underexplored. This article first shows that it is not the case that a person is good to the extent that her existence brings about good or to the extent that her actions do good. A proportional principle that evaluates a person according to the expected goodness of her actual course of action relative to the expected goodness of other available courses is shown (...) to be the most plausible candidate. However, such a principle can only be a pro tanto principle of what makes persons good. To account for other relevant intuitions – such as that a person's motives matter for how good she is – we need further principles. This article ends with a few practical implications about how to be a better person according to the principle defended here. (shrink)

Dying before one’s time has been a prominent theme in classic literature and poetry. Catherine Linton’s youthful death in Wuthering Heights leaves behind a bereft Heathcliff and generations of mourning readers. The author herself, Emily Brontë, died young from tuberculosis. John Keats’ Ode on Melancholy captures the transitory beauty of 19th century human lives too often ravished by early death. Keats also died of tuberculosis, aged 25. “The bloom, whose petals nipped before they blew, died on the promise of the (...) fruit” is how Percy Bysshe Shelley expressed his grief over Keats’ death. Emily Dickinson wrote So Has a Daisy Vanished, being driven into depression by the early loss of loved ones from typhoid and tuberculosis. (shrink)

For an academic, there is no greater reward than having one's scholarship taken seriously. The five distinguished scholars who have contributed to this symposium on The Force of Law have done just that, with varying degrees of agreement and disagreement, praise and criticism. But even critical commentary, and perhaps especially critical commentary, is evidence of serious engagement. More importantly, the commentaries contained here have advanced our understanding of law in valuable ways. I respond to each in this reply, but with (...) full acknowledgment that my responses cannot do justice to the full breadth of their contributions and challenges. My hope is not that I will persuade readers that I am correct and my critics mistaken, but rather that the reader who absorbs both the challenges and my response will come away with a greater understanding of the issues that The Force of Law seeks to place on the agenda of contemporary jurisprudence. (shrink)

What distinguishes constraints on our actions that make us unfree (in the sociopolitical sense) from those that make us merely unable? I provide a new account: roughly, a constraint makes a person unfree, if and only if, first, someone else was morally responsible for the constraint and, second, it impedes an ability the person would have in the best available distribution of abilities. This new account is shown to overcome shortcomings of existing proposals. Moreover, by linking its account of unfreedom (...) to distributions of abilities, it offers an attractive combination of so-called positive and negative views of freedom. (shrink)

Which social arrangements have a history of fostering progress and prosperity? One quick answer, falsely attributed to Adam Smith, holds that we are guided as if by an invisible hand to do what builds the wealth of nations. A more sober answer, closer to what Smith said and believed, is thatifthe right framework of rules—plus decent officiating—steers us away from buying and selling monopoly privilege and steers us toward being valuable to the people around us, we indeed will be part (...) of the engine that drives human progress and the wealth of nations. (shrink)

In this paper, we examine different forms of altruism. We commence by analysing the definition and, after clarifying its conditions for altruism, we argue that it is not in with everyday linguistic usage of the term. We therefore consider a definition, which we likewise refine, and argue that it better reflects ordinary language use. Both behavioural and psychological approaches define altruism descriptively and thus fail to capture an important aspect of altruism, namely its normative component. Altruism, we argue, is a, (...) i.e. one which embodies both positive and normative components. We discuss and compare various formulations of this normative component. (shrink)

It is tempting and not at all uncommon to find the striking—even noble—visage of an Ideal Observer staring out from the center of Hume's moral theory. When Hume claims, for instance, that virtue is “ whatever mental action or quality gives to a spectator the pleasing sentiment of approbation ,” it is only natural to think that he must have in mind not just any spectator but a spectator who is fully informed and unsullied by prejudice. And when Hume writes (...) that “the true standard of taste and beauty” is set by those who exhibit “[s]trong sense, united to delicate sentiment, improved by practice, perfected by comparison, and cleared of all prejudice,” he appears to describe a character no ordinary human could actually possess. Indeed, Hume's frequent appeals to the moral sentiments of spectators, his insistence that those sentiments depend upon taking “the general survey,” and his persistent invocation of the general point of view , together make the temptation almost irresistible. (shrink)

The dominant focus of thinking about economic justice is overwhelmingly distributive, that is, concerned with what people get in terms of resources and opportunities. It views work mainly negatively, as a burden or cost, or else is neutral about it, rather than seeing it as a source of meaning and fulfilment—a good in its own right. However, what we do in life has at least as much, if not more, influence on whom we become, as does what we get . (...) Thus we have good reason also to be concerned with what Paul Gomberg has termed contributive justice , that is, justice as regards what people are expected and able to contribute in terms of work. Complex, interesting work allows workers not only to develop and exercise their capacities, and gain the satisfaction from achieving the internal goods of a practice, but to gain the external goods of recognition and esteem. As Gomberg’s analysis of the concept of contributive justice in relation to equality of opportunity shows, as long as the more satisfying kinds of work are concentrated into a subset of jobs, rather than shared out among all jobs, then many workers will be denied the chance to have meaningful work and the recognition that goes with it. In this paper I examine the contributive justice argument, suggest how it can be further strengthened, arguing, inter alia, that ignoring contributive injustice tends to support legitimations of distributive inequality. (shrink)

If a doctor is trying to decide whether or not to provide a medical treatment, does it matter ethically whether that treatment has already been started? Health professionals sometimes find it harder to stop a treatment (withdraw) than to refrain from starting the treatment (withhold). But does that feeling correspond to an ethical difference? In this article, we defend equivalence—the view that withholding and withdrawal of treatment are ethically equivalent when all other factors are equal. We argue that preference for (...) withholding over withdrawal could represent a form of cognitive bias—withdrawal aversion. Nevertheless, we consider whether there could be circumstances in which there is a moral difference. We identify four examples of conditional nonequivalence. Finally, we reflect on the moral significance of diverging intuitions and the implications for policy. We propose a set of practical strategies for helping to reduce bias in end-of-life decision making, including the equivalence test. (shrink)

In 2002, I wrote an editorial in this Journal arguing that it was time to review the structure and function of ethics committees in the USA, Australia and the UK.1 This followed the deaths of Ellen Roche and Jesse Gelsinger, which were at least in significant part due to the poor functioning of research ethics committees in the USA.2 In the case of Ellen Roche, it was the failure to require a systematic review of the existing literature which led to (...) her death. Iain Chalmers and I had previously documented in 1996 the failure of ethics committees to require systematic review.3 In 1998, at the time of revising the previous guidelines and forming the first Australian National Statement on Research Ethics, I made a public submission to the Australian Health Ethics Committee arguing that the new guidelines for RECs should include a person with skills in conducting systematic reviews of the literature and that the requirement to have a religious representative on the committee be replaced with the requirement to have an ethicist. Neither of these changes was made. I argued, ‘It is time to ask whether institutional RECs should be abandoned in favour of expert committees that cover many institutions—suprainstitutional specialist committees. Supraregional specialist ethics committees could specialise—for example, in genetic research, cancer clinical trials, dermatology, respiratory physiology and each of the specialist areas of medical research. An example of such a committee is provided by the Thoracic Society of Australia and New Zealand research ethics committee, which reviews multicentre trials of respiratory drugs’.4 Around that time, I was involved ‘at the coal face’ as Chair of the Department of Human Services Ethics Committee in Victoria. In a public presentation, I arguedThere are two philosophical views of what ethics review is. On the …. (shrink)

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

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine.

Fairness is a central, but under-theorized, notion in moral and political philosophy. This paper makes two contributions. Firstly, it criticizes Broome’s seminal account of fairness in Proc Aristotelian Soc 91:87–101, showing that there are problems with restricting fairness to a matter of relative satisfaction and holding that it does not itself require the satisfaction of the claims in question. Secondly, it considers the justification of lotteries to resolve cases of ties between competing claims, which Broome claims as support for his (...) theory, and contrasts random procedures to contests of skill, which may also be considered lotteries in a broader sense. I offer no alternative account of fairness of my own, but hope to point the way for future research on the nature of fairness. (shrink)

It is well known that there are large differences in the per capita income levels of the world's states. While a few poor countries are catching up with the rich world, for some countries, the gaps are growing wider. Most of this global inequality isbetweencountries, notwithinthem. In other words, even if income were equalized within countries, a large part of the gap in average income levels between countries would remain.At the same time, the majority of movements in the wealthier countries (...) for greater distributive equality have tended to focus on inequalities within their own borders: on issues such as raising minimum wages, changing the domestic tax rate, and ending national health disparities. This state-centric focus is frequently justified in moral terms. It is a familiar claim, for example, that we have special obligations to our own citizens and that these obligations are both weightier and more extensive than our obligations to strangers outside our borders. (shrink)

Hausman and McPherson defend welfare economics by claiming that even if welfare does not consist in preference satisfaction, preferences still provide good, if fallible, evidence of welfare. I argue that this strategy does not yet fully solve the problems for welfare economics stemming from the preference satisfaction theory of welfare. More work is needed to show that our self-interested preferences are sufficiently reliable, or in some other sense our best, evidence of well-being. Thus, my aim is to identify the challenges (...) that remain and clarify what additional work is needed before Hausman and McPherson's defence of welfare economics succeeds. (shrink)

In this article, I aim to clarify how Actual Desire Satisfactionism should accommodate the ways in which desire and time are connected. In particular, I argue that Weak Concurrentism represents the most promising way for the Desire Satisfactionist to capture the temporal nature of desire. I consider the Desire Satisfactionist's other main options, but argue that none succeeds. This leaves Weak Concurrentism looking attractive. However, Weak Concurrentism might also be thought to have some implausible consequences of its own. Nonetheless, I (...) argue that, on closer inspection, these consequences are not implausible at all – at least by the lights of the Desire Satisfactionist. I do not offer a full-blown defence of Weak Concurrentism, but rather aim to defend only a conditional conclusion: in so far as one is committed to Actual Desire Satisfactionism, Weak Concurrentism represents the best way to tackle the problems raised by the temporal nature of desires. (shrink)

David Brady argues that low European poverty rates are a result of the welfare state. His finding relies on a relative measure of poverty, according to which the threshold for being poor differs across countries. Using the American poverty threshold as a fixed measure, though, Western Europe has a poverty rate of 18 percent, higher than that of the United States. Moreover, Brady's thesis that welfare-state spending explains cross-country differences in inequality does not take account of the problem of reverse (...) causality. Historically, welfare states developed in homogeneous nations that started out with higher levels of social capital and lower inequality. Scandinavia, for example, had unusually low poverty rates a century ago, and even today Americans with Scandinavian ancestry exhibit a poverty rate no higher than that in Scandinavia. Since poverty, social capital, population homogeneity, and the size of the welfare state relate in multiple ways to each other, we cannot rely on cross-country correlations to isolate the causal effect of the welfare state on poverty rates. (shrink)

David Brady argues that low European poverty rates are a result of the welfare state. His finding relies on a relative measure of poverty, according to which the threshold for being poor differs across countries. Using the American poverty threshold as a fixed measure, though, Western Europe has a poverty rate of 18 percent, higher than that of the United States. Moreover, Brady's thesis that welfare-state spending explains cross-country differences in inequality does not take account of the problem of reverse (...) causality. Historically, welfare states developed in homogeneous nations that started out with higher levels of social capital and lower inequality. Scandinavia, for example, had unusually low poverty rates a century ago, and even today Americans with Scandinavian ancestry exhibit a poverty rate no higher than that in Scandinavia. Since poverty, social capital, population homogeneity, and the size of the welfare state relate in multiple ways to each other, we cannot rely on cross-country correlations to isolate the causal effect of the welfare state on poverty rates. (shrink)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the fair (...) share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

Theories of intergenerational justice are a very common and popular way to conceptualise the obligations currently living people may have to future generations. After briefly pointing out that these theories presuppose certain views about the existence, number and identity of future people, I argue that the presuppositions must themselves be ethically investigated, and that theories of intergenerational justice lack the theoretical resources to be able to do this. On that basis, I claim it is necessary to do the ‘ethics of (...) metaphysics’ in order to fully comprehend what, if anything, we may owe future generations. I defend these claims against some important objections. (shrink)

Over the past 50 years, Louis Hartz’s reinterpretation of American political thought has had considerable influence – both in shaping later studies and provoking rebuttals. Drawing on Tocqueville’s observation that Americans were fortunate in having been ‘born equal’ instead of having to become so by revolution, Hartz compared American political thought with that of Britain and France in order to show that America has been enthralled by an ‘irrational Lockianism’. Although criticisms need to be taken into account, and the thesis (...) modified to take account of subsequent developments, it remains an indispensable and illuminating frame of analysis. (shrink)

In "The Law of Peoples" John Rawls casts his proposals as an argument against what he calls "political realism." Here, I contend that a certain version of "Christian political realism" survives Rawls's polemic against political realism sans phrase and that Rawls overstates his case against political realism writ large. Specifically, I argue that Rawls's dismissal of "empirical political realism" is underdetermined by the evidence he marshals in support of the dismissal and that his rejection of "normative political realism" is in (...) tension with his own normative concessions to political reality as expressed in "The Law of Peoples." That is, I contend that Rawls, himself, needs some form of political realism to render persuasive the full range of normative claims constituting the argument of that work. (shrink)