This article offers some general criticisms of the idea that any political theory can legitimate public health interventions, and then some particular criticisms of Civic Republicanism as a political theory for public health. Civic Republicanism, I argue, legitimizes liberty-infringing public health interventions by demanding high levels of civic engagement in framing and reviewing them; to demand such engagement in pursuit of such a baseline value as health will leave insufficient civic energy for the pursuit of higher values.

My paper consists of four sections. The first is concerned with the distinction and connection between fundamental and human rights. Here I shall just introduce a few conceptual notions and definitions that are more or less widely used, but that may help us to frame the issue and better focus on the most relevant question of the foundation or justification of human rights. In the second and third sections I will present what I believe to be the four fundamental normative (...) situations that shape our understanding and use of human rights. In the second section attention will focus on what in my opinion is the most basic of these four normative situations, which I call the “existential” situation. This is intended to offer a strong foundation for human rights as “not metaphysical,” without appealing to or relying on heavy metaphysical assumptions. I will try to stick more or less to an argumentative strategy based on common sense. The third section, dealing with the three other normative situations, will to some extent be an exercise in eclecticism, trying to combine different approaches to (and schools of thought on) the question of normativity. Here eclecticism will not be trivial, or at least I hope not. In the fourth and final section I will briefly conclude with a general overview on the issue of the “existence” of normativity and human rights. (shrink)

The rule of rescue describes the moral impulse to save identifiable lives in immediate danger at any expense. Think of the extremes taken to rescue a small child who has fallen down a well, a woman pinned beneath the rubble of an earthquake, or a submarine crew trapped on the ocean floor. No effort is deemed too great. Yet should this same moral instinct to rescue, regardless of cost, be applied in the emergency room, the hospital, or the community clinic? (...) -/- In health care, the desire to save lives at any cost must be reconciled with the reality of resource scarcity. As one example, the estimated cost for prophylactic Factor VIII to treat one patient with hemophilia for one year is $300,000. Costs of this magnitude have been accepted by public and private insurers in the developed world, even though, in principle, these sums could provide greater overall health benefit if allocated to pay for the unmet health care needs of many other patients. Looking forward, however, broad application of the rule of rescue will be increasingly untenable. But the moral instinct will remain: the desire to help those weakest among us, especially when their small numbers allow us to see them as unique individuals. What, then, is the ethical framework that can guide coverage and reimbursement decisions for orphan drugs into the future? (shrink)

When philosophers undertake to say what it is that makes life worth living, they generally display a procrustean habit of thought which the practice of philosophy itself does much to encourage. As a result, they arrive at an image of the human good that is far more controversial than they suspect. The canonical view among philosophers ancient and modern has been, in essence, that the life lived well is the life lived in accord with a rational plan. To me this (...) conception of the human good seems manifestly wrong. The idea that life should be the object of a plan is false to the human condition. It misses the important truth which Proust, by contrast, discerned and made into one of the organizing themes of his great meditation on disappointment and revelation, A la recherche du temps perdu : The happiness that life affords is less often the good we have reason to pursue than the good that befalls us unexpectedly. (shrink)

Local Currencies, Local Exchange Trading Systems, and Time Banks are all part of a new social movement that aims to restrict money's purchasing power within a certain geographic area, or within a certain community. According to their proponents, these restrictions may contribute to building sustainable local economies, supporting local businesses and creating “warmer” social relations. This article inquires whether the overall enthusiasm that surrounds alternative currencies is justified. It argues that the potential benefits of these currencies are not sufficient to (...) justify the restrictions they impose on money's purchasing power. Turning these currencies into effective channels of change, by increasing their scope and their strength, could severely hinder the pursuit of social justice, in a way that is probably not even necessary for achieving their objectives. The paper concludes that large-scale limitations of money's purchasing power are, therefore, undesirable. (shrink)

Medical ethics assumes a clear boundary between clinical research and clinical medicine: one produces knowledge for the benefit of future patients, while the other provides optimal care to individuals right now. It also assumes that the two cannot be integrated without sacrificing the needs of the current patient to those of future patients. But integration could allow us to provide better care to everyone, now and in the future.

ABSTRACTThe idea that the crowd could ever be intelligent is a counterintuitive one. Our modern, Western faith in experts and bureaucracies is rooted in the notion that political competence is the purview of the select few. Here, as in my book Democratic Reason, I defend the opposite view: that the diverse many are often smarter than a group of select elites because of the different cognitive tools, perspectives, heuristics, and knowledge they bring to political problem solving and prediction. In this (...) essay I defend my epistemic argument against proceduralist democrats; the value of model thinking against empiricists; the bracketing of fundamental value diversity against critics who see such diversity as an essential feature of politics; the intelligence of the masses in the face of voter ignorance and systematic biases; and the normative priority of democracy over market mechanisms. I also consider challenges to my use of Hong and Page's formal results, the epistemically proper selection method for representatives, and the role of deliberation in problem solving. I finally chart three avenues for further research. (shrink)

Tolstoy's The Death of Ivan Ilyich describes how a man's exposure to imminent death allows him to secure redemption from a flawed life. Through close textual attention to Tolstoy's novella and extensive engagement with Frances Kamm's treatment of it, this article quarrels with this of Ivan's case, offering a sourer, more pessimistic view. It is argued that Ivan's reconciliation to death is facilitated by a series of mistakes he makes en route to his dying moments. Two more general lessons are (...) drawn: first, that we are all vulnerable to the mistakes Ivan makes, and second, that reflection on the quality of our lives does not present us with any obvious resources for coming to terms with our own deaths. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

The analysis explores the main arguments of Noam Chomsky’s short book,Media Controlthat also reprints the monograph “The Journalist from Mars: How the ‘War on Terror’ Should Be Reported.” The problematic is Aristotelian rhetoric and Enlightenment rationality (justice) in civic discourse (Lógos) as compared to the thematic of dialogic reasonableness (Eulógos). Chomsky’s assumption of, and critique of, “old rhetoric” [Aristotle’srhētorikḗ] is followed by a discussion of Chiam Perelman’s “new rhetoric” [presocraticpoiētikḗ/epideiktikos / gērys] and his “incarnate adherence” (givingvoiceto) concept of the Universal (...) Audience as a function of Epideictic argumentation. This is also a critique of Stephen Toulman’s neo-Aristotelian model of rhetorical “warrant” and its connection to Charles S. Peirce’s normative semiotic of the “argument cycle.” Heidegger’s and Lakoff’s concept of discourse framing is associated with Michel Foucault’s rhetoric concept of an ethic of social discourse for the common good (parrhesia) in the age of Umberto Eco’s hyperreality media that displays Baudrillard’s simulacra, such as Donald Trump. (shrink)

_ One Another’s Equals _, by WaldronJeremy. Cambridge, Mass., and London: Harvard University Press, 2017. Pp. x + 264.

In “The Pecking Order,” Dalton Conley argues that inequalities between siblings are larger than inequalities at the level of the overall society. Our article discusses the normative implications for institutions of this observation. We show that the question of state intervention for curbing intra-family inequality reveals an internal tension within liberalism between autonomy and toleration, which bears on the forms that the intervention of institutions may take. Despite the pros and cons of both commitments, autonomy-based liberalism appears more compatible with (...) the involvement of the state for egalitarian reasons within the family than toleration-based liberalism.Export citation Request permission. (shrink)

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem (...) for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own. (shrink)

Despite the popularity of equality as a political value, egalitarianism as a political theory has never, I think, been fully or successfully defended. I aim in this paper to begin the defense of such a view. The egalitarianism I have in mind has as its ideal a condition of equal wellbeing for all persons at the highest possible level of well-being, i.e. maximum equal well-being. Egalitarianism holds that society should be arranged so as to promote and maintain this state. Defending (...) such a view involves, as I see it, three tasks. First, the ideal I have Just mentioned must be made clearer and more specific and its implications for the distribution of particular goods such as material possessions and liberty must be revealed. Second, positive arguments must be given in support of an equal distribution of well-being as a requirement of morality and Justice. And, thirdly, arguments to the effect that there are Just or Justified inequalities which seriously outweigh the claims of equality must be rebutted. (shrink)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

This report explores the relationship between philosophy and medicine in the U.K. We note that medical training involves very little formal instruction in philosophy and ethics, and that, with few exceptions, philosophers in the U.K. do not contribute to the instruction of physicians or the philosophy of medicine. However, reviewing the problems arising out of recent developments within scientific medicine we find a pressing need for future philosophical analysis in the following areas: psychiatry, organ transplantation, abortion, euthanasia, experiments on living (...) subjects, consent, confidentiality, the relationship between medicine and political authority, and the provisions for social justice in medicine. (shrink)

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to (...) human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

Scientific and technological policy issues are not and should not be exempt from the norms of democratic governance. This article examines two major theories of democracy, analyzes their commonalities and differences, and derives criteria for evaluating various forms of public participation in policymaking. The author argues for a new category of participation, participatory analysis, that includes forms of participation that satisfy democratic criteria and emphasizes the importance of learning among participants. Different types of participatory analysis may be best suited to (...) different kinds of policy problems. (shrink)

Peter Winch, in his political philosophy, wanted to rethink the concepts of political authority, legitimacy and political culture, with a starting point in Wittgensteinian ideas. This essay brings together Winch's thoughts on political authority. Developing insights from Wittgenstein's work on certainty, Winch emphasised the unstated background behind any normative stand concerning authority. Ideas of legitimacy and civil society are formed within historically specific political cultures. In the 1990s, Winch was increasingly inclined to emphasise disagreement, which was related to his developing (...) views on understanding, logic and reasoning. This development is traced, in part, on the basis of unpublished lecture notes. (shrink)

L'Ambitieux Projet du professeur John Rawls dans son important ouvrage intitulé «A Theory of Justice» consiste essentiellement dans l'élaboration d'une théorie de la justice qui prétend offrir une «solution de rechange viable» aux doctrines traditionnelles de la justice représentées par l'utilitarisme, l'intuitionisme, les théories contractuelles, etc …, mais une théorie qui, en méme temps, se présente comme une tentative pour «généraliser et porter a un plus haut niveau d'abstraction la theorie traditionnelle du contrat social telle que representee par Locke, Rousseau (...) et Kant», de telle sorte qu'elle puisse parer aux objections les plus decisives qui ont ete faites a l'endroit de ces diverses formulations de la theorie contractuelle. En procédant ainsi, Rawls estime pouvoir offrir une approche systematique au probléme de la justice qui soit non seulement une alternative a 1'utilitarisme traditionnel, mais une synthése supérieure et plus valable pour une sociéte démocratique en méme temps qu'une approche de la justice sociale qui puisse servir de contrepartie ou de succedane a la perspective de Marx. (shrink)

This paper examines economic arguments employers sometimes use to justify restricting or excluding from employment those workers who are Iikely to incur high costs in health care insurance. We argue that, although profit-making is a legitimate goal for businesses, hiring practices based on non-job-related criteria violate principles of self determination, autonomy, discrimination, justice, and privacy. We conclude that hiring practices based on Iiability-driven ethics are not morally justified, but that as long as health care insurance and employment are Iinked, businesses (...) will continue to have an incentive to use liability-driven arguments. (shrink)

LaBerge examines the ethical positions of Rawls, Kant, John Walzer adapted from J. S. Mill, and Canadian philosopher Howard Adelman are, and writes that they constitute "an ethics of human rights, ethics of the right to a historical community, and an ethics of peace.".

In A Theory of Justice John Rawls proposes that the two principles of justice should be realized through a four-stage sequence of institutional action that starts with a constitution agreed upon by delegates to a constitutional convention. A largely overlooked aspect of this proposal is that delegates are taken to hold conflicting opinions about justice. Their disagreement is one of the factors that determine their institutional choices. This paper employs Bernard Williams’s theory of the political value of liberty to explain (...) and vindicate the role assigned to disagreement at the constitutional convention. Constitutional norms ought to be sensitive to the fact that the functioning of a political order, even one suitably ordered by the most reasonable conception of justice, inevitably involves loss of a precious liberty; the factoring of disagreement into the constitutional convention can fruitfully be understood as a way of modelling this requirement. This exegetical exercise enriches our understanding of the point of constitutions. At the same time it suggests that Rawls may not be as guilty of the cardinal sin of moralism that Williams famously accused him of. (shrink)

Around the world, multiethnic states are in trouble. Many have proven unable to create or sustain any sense of solidarity across ethnic lines. The members of one ethnic group are unwilling to respect the rights of the members of other groups, or to make sacrifices for them, and have no trust that any sacrifice they might make will be reciprocated. Recent events show that where this sort of solidarity and trust is lacking, the consequences can be disastrous. In some countries, (...) the result is violent civil war, as in Rwanda, Yugoslavia, and various parts of the former Soviet Union. In other countries, the state has dissolved in a more peaceful way, as in Czechoslovakia, albeit with significant economic and psychological costs. In yet other countries, particularly in Africa, the state has stayed together, but is little more than a shell, a loose confederation of more or less hostile groups who barely tolerate, let alone cooperate with, each other. (shrink)

In his impressive and wide?ranging new book, Sources of the Self, Charles Taylor argues that modern moral philosophy, at least within the Anglo?American tradition, . offers a ?cramped? view of morality. Taylor attributes this problem to three distinctive features of contemporary moral theory ? its commitment to procedural rather than substantive rationality, its preference for basic reasons rather than qualitative distinctions, and its belief in the priority of the right over the good. According to Taylor, the result of these features (...) is that contemporary moral theories cannot explain the nature of a worthwhile life, or the grounds for moral respect. Indeed, they render these questions unintelligible. I argue that Taylor has misunderstood the basic structure of most modern moral theory, which seeks to relocate, rather than suppress, these important questions. In particular, he fails to note the difference between general and specific conceptions of the good, between procedures for assessing the good and specific outcomes of that procedure, and between society's enforcement of morality and an individual's voluntary compliance with morality. Each of these distinctions plays an important role in contemporary moral theory. Once they are made explicit, it is clear that many contemporary theorists operate with a more sophisticated account of moral sources than Taylor attributes to them. (shrink)

It is a commonplace amongst communitarians, socialists and feminists alike that liberalism is to be rejected for its excessive ‘individualism’ or ‘atomism,’ for ignoring the manifest ways in which we are ‘embedded’ or ‘situated’ in various social roles and communal relationships. The effect of these theoretical flaws is that liberalism, in a misguided attempt to protect and promote the dignity and autonomy of the individual, has undermined the associations and communities which alone can nurture human flourishing.My plan is to examine (...) the resources available to liberalism to meet these objections. My primary concern is with what liberals can say in response, not with what particular liberals actually have said in the past. Still, as a way of acknowledging intellectual debts, if nothing else, I hope to show how my arguments are related to the political morality of modem liberals from J.S. Mill through to Rawls and Dworkin. The term ‘liberal’ has been applied to many different theories in many different fields, but I’m using it in this fairly restricted sense. First, I’m dealing with a political morality, a set of moral arguments about the justification of political action and political institutions. Second, my concern is with this modem liberalism, not seventeenth-century liberalism, and I want to leave entirely open what the relationship is between the two. It might be that the developments initiated by the ‘new liberals’ are really an abandonment of what was definitive of classical liberalism. G.A. Cohen, for example, says that since they rejected the principle of ‘self-ownership’ which was definitive of classical liberalism, these new liberals should instead be called ‘social democrats.’My concern is to defend their political morality, whatever the proper label. (shrink)

ABSTRACTThis rejoinder represents a final installment in a debate between myself and Paul Gunn over the feasibility and desirability of deliberative democracy. Here I argue that our debate has helped clarify an ambivalence in the literature surrounding the ends and means of deliberative democracy. I specify two ways to understand both ends and means, establish their importance in deliberative theory, and show how they can be combined. I conclude by showing how this systemic view incorporates and overcomes several challenges facing (...) modern democracy, such as the necessity of expert authority, the role of partisanship, and the problem of social complexity. (shrink)

Benjamin’s Critique of Violence (1921) has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such as (...) recognition [ Anerkennung]. (shrink)

This article argues that the decision problem in the original position should be characterized as a decision problem under uncertainty even when it is assumed that the denizens of the original position know that they have an equal chance of ending up in any given individual’s place. It supports this claim by arguing that (a) the continuity axiom of decision theory does not hold between all of the outcomes the denizens of the original position face and that (b) neither us (...) nor the denizens of the original position can know the exact point at which discontinuity sets in, because the language we employ in comparing different outcomes is ineradicably vague. It is also argued that the account underlying (b) can help proponents of superiority in value theory defend their view against arguments offered by Norcross and Griffin. (shrink)

G. A. Cohen has recently argued for a thesis about the relationship between facts and principles. He claims that Rawls denies this thesis, and the truth of this thesis vitiates Rawls’s constructivist procedure. I argue against both claims by developing an account of Rawls’s justificatory strategy and the role of facts in this strategy, which I claim is similar to the role of facts in some defences of utilitarianism.

Contrary to Singer's view, Kuper asserts that there is no "royal road" to poverty relief, but intersecting roads that may take us to a place without poverty. Drawing on the works of Rawls and Marx, Kuper examines how an effective political philosophy of this kind might be developed.

Why is someone enduringly prized as a philosopher? To answer this question, this historical case study examines the intersecting careers of John Rawls and R. M. Hare. It looks at their writings, a complex chain of disagreements, the argumentative dimension. The essay moreover explores the clash of differing temperaments. Finally, themes in addition to ratiocination and personality are factored in: the leanings of the institutions that control access to intellectual endeavor; the public square—politics widely conceived—into which the two men were (...) thrown; and the cultural rivalry between England and America after World War Two. (shrink)

The primary concern of this essay is with the question “What is a political community?” This question is important in its own right. Arguably, the main purpose of political philosophy is to provide an account of the nature of political association and, in so doing, to describe the relations that hold between the individual and the state. The question is also important, however, because of its centrality in contemporary debate about liberalism and community.

I explore the possible meanings that the notion of the common morality can have in a contemporary communitarian approach to ethics and public policy. The common morality can be defined as the conditions for shared pursuit of the good or as the values, deliberations, traditions, and common construction of the narrative of a people. The former sense sees the common morality as the universal and invariant structures of morality while the second sense is much more contingent in nature. Nevertheless, the (...) communitarian sees both aspects as integral in devising solutions to public policy problems. I outline how both meanings follow from communitarian philosophical anthropology and illustrate how they work together when addressing a question such as that of providing universal health insurance in the United States. The common morality forms the basis of building an implicit consensus that is available to and reaffirmed by the shared reflections of the citizenry. (shrink)

The overriding concern of theRepublicis the relation between morally right action and happiness. To settle the matter Plato says he must first discover the formula for politically just action for individuals, and that it will be easier to do this if we first take justice to be a virtue of a city as a whole. He develops a model of an ideal city, hardly mentioning justice and the other cardinal virtues, and then looks to that model to individuate them.Here I (...) shall first discuss the defense of his portrait of an ideal city. Second, the logic of virtueis considered, in two steps. It is argued that judgments of virtue are to be split into those of functionand power.Then there is a brief consideration of each half. Third, the implications of this for understanding and threefold classification of goods are drawn. Finally, there is a discussion of the formula for each of the cardinal virtues of a city. (shrink)

: How should socially privileged white feminists (and others) address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as "situated," and explores what this means for a politics of privilege.

How should socially privileged white feminists address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as “situated,” and explores what this means for a politics of privilege.

RÉSUMÉ: L’un des traits frappants d’une bonne partie des théories morales contemporaines est l’absence qu’on y trouve du sens moral commun. Les constructions théoriques de Rawls, Singer, Sidgwick et Smart sont caractéristiques à cet égard. Chacune échoue à rendre compte adéquatement du savoir moral que nous avons. Malgré leurs différences, leur échec commun tient à la méprise qu’elles partagent au sujet de la relation entre théorie et pratique, et à leur conception exagérée du rôle épistémique que jouent les principes moraux (...) dans la reconnaissance et la justification de la vérité de nos jugements moraux. (shrink)

This essay develops an account of Martin Luther King Jr.’s justification for and use of what I will call “democratic propaganda”—truthful propaganda that is aimed at promoting and fostering democratic political action by stirring readers’ emotions. I interpret King’s famous “Letter from Birmingham Jail” in the broader context of his work and argue that it is a piece of democratic propaganda. I give an account of what led King to support the use of democratic propaganda and why he hoped it (...) would help to overcome a central problem in the civil rights movement: the political inaction of the white moderates. King emphasizes shame in the Letter, and I argue that this concept offers us a new way of thinking about the efficacy of democratic propaganda. I close by considering the relevance of King’s approach for today’s Black Lives Matter movement. Despite the innovativeness of King’s use of shame, I suggest it may be time for a new approach to Black politics and activism. (shrink)