This paper is about the relevance, to the definition of freedom, of values or goods other than freedom. In this respect,its subject matter is not at all new. However, I do believe that new light can be thrown on the nature of this relationship by paying more attention to another relationship – one which exists within the concept of freedom itself. There are two senses in which we can be said to possess freedom. Firstly, there is the sense in which (...) we can be said to be free to do a certain particular thing. Secondly,there is the sense in which we can be said to possess a certain ‘amount’,‘degree’ or ‘quantity’ of freedom, in some overall sense. 1 I believe that most recent accounts of the relationship between freedom and other goods are inconsistent, because they see those other goods as affecting the truth value of claims about freedom in the second sense, but not in the first. (shrink)

Utilitarianism could still be a viable moral and political theory, although an emphasis on justice as distributing burdens and benefits has hidden this from current conversations. The traditional counterexamples prove that we have good grounds for rejecting classical, aggregative forms of consequentialism. A nonaggregative, liberal form of utilitarianism is immune to this rejection. The cost is that it cannot adjudicate when the basic needs of individuals or groups are in conflict. Cases like this must be solved by other methods. This (...) is not a weakness in liberal utilitarianism, on the contrary. The theory clarifies what we should admit to begin with: that ethical doctrines do not have universally acceptable solutions to all difficult problems or hard cases. The theory also reminds us that not all problems are in this sense difficult or cases hard. We could alleviate the plight of nonhuman animals by reducing meat eating. We could mitigate climate change and its detrimental effects by choosing better ways of living. These would imply that most people’s desire satisfaction would be partly frustrated, but liberal utilitarianism holds that this would be justified by the satisfaction of the basic needs of other people and nonhuman animals. (shrink)

This paper shows how most modern theories of justice could require or at least condone international aid aimed at alleviating the ill effects of disability. Seen from the general viewpoint of liberal egalitarianism, this is moderately encouraging, since according to the creed people in bad positions should be aided, and disability tends to put people in such positions. The actual responses of many theories, including John Rawls's famous view of justice, remain, however, unclear. Communitarian, liberal egalitarian, and luck egalitarian thinkers (...) alike have to consider their attitude towards cosmopolitan ideals before they can extend their theories across national borders. The only view of justice that automatically rejects the obligation of international aid based on disability is libertarianism. This is significant for two reasons. Libertarianism is arguably the economic doctrine of globalisation; and its moral appeal to voluntary charity draws attention to the foundations of voluntary corporate social res.. (shrink)

:Justice can be approached from many angles in ethical and political debates, including those involving healthcare, biomedical research, and well-being. The main doctrines of justice are liberal egalitarianism, libertarianism, luck egalitarianism, socialism, utilitarianism, capability approach, communitarianism, and care ethics. These can be further elaborated in the light of traditional moral and social theories, values, ideals, and interests, and there are distinct dimensions of justice that are captured better by some tactics than by others. In this article, questions surrounding these matters (...) are approached with the hermeneutic idea of a distinction between “American” and “European” ways of thinking. (shrink)

When humanity has either suppressed coronavirus disease 2019 or learned to come to terms with its continued existence, governments and corporations probably return to their prepandemic stances. Solutions to the world’s problems are sought from technology and business innovations, not from considerations of equality and well-being for all. This is in stark contrast with the pandemic-time situation. Many governments, at least initially, listened to the recommendations of expert advisers, most notably public health authorities, who proceeded from considerations of equality and (...) common good. I suggest that we should continue on this path when the immediate threat of the disease is over. Other crises are already ongoing—poverty, conflicts, climate change, financial bubbles, and so on—and it would be good to use expert knowledge rather than interests and ideologies in dealing with them. To assist in this, I outline the characteristics of a new kind of counsellor, impartial adviser, who is normatively motivated by a sense of copathy and who takes into account all views, nice and not-so-nice alike. I illustrate the nature and ideological orientation of copathic impartial advisers by placing them on a map of justice and examining their relationships with the main political moralities of our time. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted on humans, policies (...) concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

Luck egalitarians claim that disadvantage is worse when it emerges from an unchosen risk than when it emerges from a chosen risk. I argue that disadvantage is also worse when it emerges from an unchosen risk that the disadvantaged agent would have declined to take, had he or she been able to do so, than when it emerges from an unchosen risk that the disadvantaged agent would not have declined to take. Such a view is significant because it allows both (...) luck egalitarians and prioritarians to respond to Voorhoeve and Fleurbaey's charge that they fail to accommodate intuitions about the moral relevance of interpersonal boundaries – the so-called separateness of persons objection. I argue that the view is plausible independently of its ability to answer the separateness of persons objection, and is a natural extension of the luck egalitarian concern with the impact of unchosen circumstance. (shrink)

There is a long-standing debate concerning the eligibility of patients suffering from alcohol-related end-stage liver disease (ARESLD) for deceased donor liver transplantation. The question of retrospective and/or prospective responsibility has been at the center of the ethical discussion. Several authors argue that these patients should at least be regarded as partly responsible for their ARESLD. At the same time, the arguments for retrospective and/or prospective responsibility have been strongly criticized, such that no consensus has been reached. A third option was (...) proposed as a form of compromise, namely that responsibility should only be used as a tiebreaker in liver allocation. The present study provides an ethical investigation of this third option. First, we will provide an overview of the main arguments that have been offered for and against the use of responsibility as an allocation criterion. Second, we will explore the concept of responsibility as a tiebreaker in detail and discuss several types of situations, in which responsibility could be used as a tiebreaker, as well as the main ethical challenges associated with them. As we will show, an ethical justified use of responsibility as a tiebreaker is limited to a very restricted number of cases and is associated with a number of ethical concerns. For this reason, waiting time should be preferred as a tiebreaker in liver allocation, even though the criterion of waiting time, too, raises a number of equity-related concerns. (shrink)

Social justice is concerned with fair distribution of the benefits and burdens of living together in society. Regarding nursing care, social justice is concerned with who should receive its benefits, how much they should receive, and who should take up the burden of providing and paying for it. A specific thesis is offered: ‘Health care, including nursing care, should be distributed on the basis of need, free at the point of use, the cost being born by the community involved.’ This (...) thesis is shown to be incompatible with consequentialist (utilitarian) and libertarian approaches to social justice, but reasons are given for rejecting these theories. It is shown that it may be compatible with Rawl's liberal theory of justice and definitely compatible with a version of the teleological (Aristotelian) theory. The thesis is then defended against criticisms concerned with desert and responsibility: that the provident ought not to pay for the improvident, and that those who are responsible for their health do not deserve free care. There are answered by an epistemological argument concerning what we need to know before we can decide what people deserve, and an argument about social cohesion. The conclusion is that the thesis can be offered as a moral principle for a fair society. (shrink)

The efficiency argument for profit maximization says that corporations and their managers should maximize profits because this is the course of action that will lead to an ‘economically efficient’ or ‘welfare maximizing’ outcome. In this paper, I argue that the fundamental problem with this argument is not that markets in the real world are less than perfect, but rather that the argument does not properly acknowledge the personal sphere. Morality allows each of us a sphere in which we are free (...) to pursue our personal interests, even if these are not optimal from the social point of view. But the efficiency argument does not come to terms with this feature of social life. (shrink)

Consequentialism is a state of affairs centered moral theory that finds support in state of affairs centered views of value, reason, action, and desire/preference. Together these views form a mutually reinforcing circle. I map an exit route out of this circle by distinguishing between two different senses in which actions can be understood as bringing about states of affairs. All actions, reasons, desires, and values involve bringing about in the first, deflationary sense, but only some appear to involve bringing about (...) in a second, rationalizing sense. I demonstrate that the views making up this circle hold, implausibly, that all reasons, values, desires, and actions involve bringing about in both senses, and that failure to distinguish these senses obscures the implausibility of these views as a set. I demonstrate, in addition, that the distinction blocks two common arguments that otherwise threaten to leverage us back in to the consequentialist circle. (shrink)

According to the coercive approach to distributive justice, the coercive nature of the political state requires justification in the form of distributive benefits owed only to members of the state. In this paper I analyze and dismiss traditional objections to the coercive approach, and I proceed to raise two novel objections. First, according to my equivocation objection, I contend that the coercive approach’s leap from coercive burdens to certain distributive benefits is based on an equivocation. When this equivocation is clarified, (...) the conclusion of the coercive approach is undermined. Attempts to circumvent the equivocation inevitably lead to my second objection, the coercion as cooperation objection. Through this objection it becomes clear that the coercive approach collapses into the cooperative approach, an approach to distributive justice that may change the scope of distributional obligations beyond that of the political state. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

The things I wish to say here are relatively few and simple. Reflection on certain moral phenomena suggests, by way of a rather loose dialectical argument, a certain traditional theory of the nature of virtue. This is the notion that virtue consists, partly, of acting on the basis of some principle. If we do not assume in advance some narrow conception of what principles are like, this theory can provide us with a plausible account of the virtue of courage. If (...) we take it seriously and follow its implications where they lead us we can learn something, not only about virtue, but about the nature of principle as well. (shrink)

We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language. While our discussion regards the United States, the argument we make is based on human rights and the (...) nature of law itself, and can likely be adapted to any country.We begin with an introduction to the biological facts surrounding language acquisition and how these facts impact the deaf child, where lack of language has devastating effects on individuals and negative effects on society in general. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (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)

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

As behavioural economics reveals, human decision-making deviates from neoclassical assumptions about human behaviour and people (often) fail to make the ‘right’ welfare-enhancing choice. The purpose of Sunstein and Thaler’s concept of ‘nudge’ is to improve individual welfare. To provide normative justification, they argue that the only relevant normative criterion is whether the individual is ‘better off as judged by themselves’, so that the direction in which people are to be nudged is defined by their own preferences. In light of behavioural (...) findings, however, people’s choices do not provide a sound basis for eliciting preferences and thus for assessing welfare. In this paper, I aim to challenge Sunstein and Thaler’s normative view, arguing that it is unreasonable to rely on conventional welfare economics, particularly considering the given context. Sunstein and Thaler depend on an approach of ‘preference purification’ which assumes informed, latent, and true preferences: As a result they face crucial methodological, epistemological, and practical objections, and cannot show how their approach enhances individual welfare. By building on the concepts of R. Sugden and C. Schubert, I develop an alternative normative framework for behavioural public policy, based on a contractualist perspective in which people may consent to collective choice rules in order to align future behaviour with values, to achieve particular goals or to preserve personal integrity. Individual consent and citizens’ participation and deliberation are crucial to this approach. This contractualist approach may provide a normative justification for behavioural public policy, and help to reconcile behavioural and normative economics. (shrink)

Some theories of practical reasons incorporate a lexical priority structure, according to which some practical reasons have infinitely greater weight than others. This includes absolute deontological theories and axiological theories that take some goods to be categorically superior to others. These theories face problems involving cases in which there is a non-extreme probability that a given reason applies. In view of such cases, lexical-priority theories are in danger of becoming irrelevant to decision-making, becoming absurdly demanding, or generating paradoxical cases in (...) which each of a pair of actions is permissible yet the pair is impermissible. (shrink)

:Ideal theorists in political philosophy seek to describe a perfect political society, and to evaluate political principles by reference to their consequences in a world where everyone complies with the principles. I argue that ideal theory is not needed to set goals for practical inquiries, nor to define justice, nor to enable rankings of injustices. Nor is it useful to theorize about very different kinds of society that might occur in the far future. Ideal theory tempts us to make each (...) of three kinds of error: it tempts us to propose norms that no specific agent can act on, to posit crazy exaggerations of moral virtues, and to place too much trust in abstract philosophical reasoning. A better approach to normative questions is to rely on analogical arguments starting from uncontroversial intuitions about concrete scenarios. (shrink)

-/- I start from three premises, roughly as follows: (1) that if possible world x is better than world y for every individual who exists in either world, then x is better than y; (2) that if x has a higher average utility, a higher total utility, and no more inequality than y, then x is better than y; (3) that better than is transitive. From these premises, it follows that benefits given to the worse off contribute no more to (...) the world’s value than equal-sized benefits given to the better off. (shrink)

The dispute over professional conscientious objection presumes a picture of medicine as a practice governed by rules. This rule-based conception of medical practice is identifiable with John Rawls’s conception of social practices. This conception does not capture the character of medical practice as experienced by practitioners, for whom it is a sensibility or “form of life” rather than rules. Moreover, the sensibility of medical practice as experienced by physicians is at best neutral, and at worst hostile, to the demands of (...) those who would override physician conscientious objection to the provision of currently contested services. That being so, calls for overriding physician conscientious objection are much more demanding of the medical profession than they appear in light of Rawls’s view. As such overriding may entail the forcible transformation of medicine’s form of life, the author contends that it would be more prudent to provide contested services by circumventing the medical profession than by compelling it. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated by the (...) transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated by the (...) transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of using the procedure. So, for example, (...) defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

In A Theory of Justice, John Rawls provides several arguments contractors in the original position using maximin reasoning, which leads directly to the difference principle. These arguments are inadequate to support the claim that maximin reasoning is the uniquely rational approach to choice in the original position.

Although death statutes permitting physicians to declare brain death are relatively uniform throughout the United States, academic debate persists over the equivalency of human death and brain death. Alan Shewmon showed that the formerly accepted integration rationale was conceptually incomplete by showing that brain-dead patients demonstrated a degree of integration. We provide a more complete rationale for the equivalency of human death and brain death by defending a deeper understanding of the organism as a whole and by using a novel (...) strategy with shared objectives to justify death determination criteria. Our OaaW account describes different types of OaaW, defining human death as the loss of status as a human OaaW. We defend human death as similar to nonhuman death in terms of wakefulness, but also distinct in terms of the sui generis properties, particularly conscious awareness. We thereby defend the equivalency of brain death and human death using a resulting neurocentric rationale. (shrink)

John Harris recently argues that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving the recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement, including moral education, that aim to make the enhancement recipients less likely to “fall” are detrimental to moral agency. In this paper, I present (...) a new moral agency-based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harms our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, which subsequently undermine our moral agency. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (shrink)

ABSTRACT:In this address, I outline a “back to basics” approach to specifying the responsibilities and role of business in relation to society. Three “basics” comprise the approach. The first is arguing that basic principles of ordinary morality, such as a duty not to harm, provide an adequate basis for specifying the responsibilities of business managers. The second is framing the role of business in society by looking to the values realized by the basic building blocks of contemporary economic activity, i.e., (...) markets and firms. The third is making explicit the basic institutions that structure the background against which business operates. The aim is to develop a plausible framework for managerial decision making that respects the fact of value pluralism in a global economy and that fosters meaningful criticism of current business practices while remaining sufficiently grounded in contemporary circumstances so as to be relevant for managers. (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)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations (MNCs) renders MNCs 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)

We often find ourselves in situations where it is up to us to make decisions on behalf of others. How can we determine whether such decisions are morally justified, especially if those decisions may change who it is these others end up becoming? In this paper, I will evaluate one plausible kind of justification that may tempt us: we may want to justify our decision by appealing to the likelihood that the other person will be glad we made that specific (...) choice down the line. Although it is tempting, I ultimately argue that we should reject this sort of appeal as a plausible justification for the moral permissibility of our vicarious decisions. This is because the decisions that we make on behalf of another may affect the interests and values that that person will hold in the future. As I will show, this complicates the justificatory relationship between present decisions and future attitudes, since the latter can depend on the former. This is not to say that the predicted future attitudes of others can play no significant role in justifying our decisions on others’ behalf. Rather, appealing to the future attitudes in our moral justifications may play an important role in our practical thinking but only when we consider the future attitudes of all relevant possible futures. (shrink)

A group of economists has recently begun addressing questions at the intersection of ethics and economics. They are preparing new definitions of individual choice that combine self-interest and other-interest, new processes of interpersonal exchange that result in cooperation rather than conflict, and new measures of social well-being that include rights as well as outcomes. This article surveys that work, and suggests areas where conceptual inputs from business ethicists are clearly needed, and where multiple opportunities for interactive research are obviously present.

Abstract:Western business philosophy is rooted in the concepts of free enterprise, free markets, free choice. Yet freedom has its limits. Nature itself imposes constraints. In the state of nature each business must try to accomplish everything autonomously and ward off the attacks of rivals. These activities cost the business a great deal of freedom. The social contract emerges from such anarchy to increase the freedom available to all members of society. It does so by setting limits on individual freedom which (...) actually increase the overall amount of freedom available within the system. The Social Equation presents a relational model of this contract to show how overall freedom is increased in a state of society. In so doing, the obligations which society places on businesses to produce beneficial goods and services is developed. Next, the complex relationship between socially enforced constraints and social moral constraints is examined, showing that social moral constraints increase freedom more than do enforced constraints. This work concludes with proposed uses of the Social Equation as a heuristic for business ethics. (shrink)