This paper describes and defends two arguments connecting ethics and religion that Kant makes in Religion within the Boundaries of Mere Reason. The first argument is that the moral demand is too high for us in our natural capacities, and God's assistance is required to bridge the resulting moral gap. The second argument is that because humans desire to be happy as well as to be morally good, morality will be rationally unstable without belief in a God who can bring (...) happiness and virtue together. The paper states and replies to three objections to each argument. (shrink)

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...) to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

In attacking utilitarianism Bernard Williams1 likes to consider the case of the man who has a choice of saving his wife or a stranger from drowning. Williams takes it as clear, and a problem for consequentialism, that the man has a moral obligation to save his wife. The relationship is a good thing without reference to consequences that one might suppose it requires if it is to be valuable.David Messick suggests a consequentialist view of certain relationships—for example, those that create (...) a limited altruism—that have survival value. Some kin relationships are like that; and insofar as they are, there is something to be said for them from a utilitarian point of view. Messick does not rest there, as his primary concern is fairness, but he does seem to hold that there is a utilitarian basis for valuing families and family ties. One need not be a sociobiologist to learn something about practical morality from the facts Messick adduces. (shrink)

Probability theory developed in history from problems concerning the fairness of games. The historical development of the associated theory of stochastic fairness is described using concepts embodied in the structuralist meta‐theory. The justification of the theory is discussed using an approach derived from J. Rawls.

If A is better than B and B is better than C, then A is better than C, right? Larry Temkin and Stuart Rachels say: No! Betterness is nontransitive, they claim. In this paper, I discuss the central type of argument advanced by Temkin and Rachels for this radical idea, and argue that, given this view very likely has sceptical implications for practical reason, we would do well to identify alternative responses. I propose one such response, which employs the idea (...) that rational agents might regard some options as incommensurate in value, and will reasonably employ a heuristic of status quo maintenance to avoid suboptimal choices from incommensurate goods. (shrink)

ABSTRACT John Rawls proposed two criteria for the delimitation of acceptable inequalities. The universal gain principle requires inequalities to be beneficial for all, and the difference principle requires them to be beneficial for the least advantaged. These principles are commonly believed to have originated in Rawls’s work, but they were both clearly expressed in the writings of Nicolas de Condorcet. Contrary to Rawls, Condorcet did not imbed them in the framework of a social contract, but instead sought their foundations in (...) natural rights. Whereas Rawls recommends us to find out what social arrangements rational reasoners would choose in a hypothetical pre-social situation, Condorcet proposes that we ask the underprivileged in our society whether or not they consider themselves to benefit from the prevailing social and economic inequalities. Thus, Condorcet’s original version of the difference principle puts social inequalities to a different test than its latter-day, hypothetical version. (shrink)

The purpose of this paper is to examine the normative interpretation of the fast-and-frugal research program and in particular to contrast it with the normative reading of rational choice theory and behavioral economics. The ecological rationality of fast-and-frugal heuristics is admittedly a form of normative naturalism – it derives what agents “ought” to do from that which “is” ecologically rational – and the paper will examine how this differs from the normative rationality associated with rational choice theory. I will also (...) attempt to assess the relative adequacy of normative ecological rationality. (shrink)

Approaches to global ethics have drawn on a number of diverse theoretical traditions, such as Kantianism and utilitarianism. While emerging frameworks contribute to a growing awareness of and interest in ethics within a global society, the values that they prioritize are not adequate for realizing a just, equitable and fair system of global governance. This article considers the possibilities of an alternative ethic - a feminist ethic of care - and explores how it can bear on present circumstances, including global (...) inequity and injustice. This care ethic has been put forward as a viable normative approach to politics and policy. Little attention, however, has been paid to the potential of a care ethic within the globalization and ethics debate. This article illustrates how the values and corresponding principles of care, grounded in relationships and responsibilities, are essential to responding adequately to the current challenges of globalization. By examining the relevance of care in this context, the article seeks to broaden dominant ethical worldviews and contribute to the articulation of normative tools for examining globalization while at the same time avoiding the trappings of conventional universality - the abstract and a priori thinking typically associated with conceptions of global ethics. (shrink)

Charles Mills has argued against ideal theory in political philosophy on the basis that it contains idealizations. He calls for political philosophers to do more nonideal theory, namely political theory that pays more attention to the most visible oppressions in society, such as those based on race, gender, and class. Mills's argument relies on a distinction between idealization and abstraction. Idealizations involve adding false assumptions to one's model, which is unacceptable, whereas abstractions merely leave out details without undermining descriptive power. (...) By studying formal models of injustice, I argue that the idealization/abstraction distinction is unhelpful. Either the distinction exists only relative to one's modeling purposes, or all models in political theory contain idealizations. Either way, the distinction does not help Mills's cause. Furthermore, there are arguments from philosophy of science for the epistemic benefits of idealizations. However, Mills's call for greater emphasis on the most visible mechanisms of oppression can be supported without relying on an idealization/abstraction distinction. I provide three alternative reasons for why we should prefer political theories that place more emphasis on race-, class-, and gender-based oppression. (shrink)

In this article we will suggest that the traditional account of the freedom of expression needs revision. The emergence of Internet media has shown that the traditional ideal of a plurality of voices does not in itself lead to fruitful public spheres. Inspired by Foucault’s interpretation of the Greek concept parrhesia we suggest that the plurality of voices should be supplemented with an ideal of courageous truth-telling. We will furthermore argue that the notion of courage has two dimensions that should (...) be taken into account. On the one hand a Derridean reading of courage brings out a disruptive and aporetic feature of courage. On the other hand, courage also needs to be articulated through some kind of goal, which in a public setting calls for a deliberative dimension. We conclude by suggesting that public spheres with courageous truth-telling will facilitate societies in which strong voices and opinions are continuously challenged by less strong voices. (shrink)

Economic approaches to both social evaluation and decision-making are typically Paretian or utilitarian in nature and so display commitments to both welfarism and consequentialism. The contrast between the economic approach and any rights-based social philosophy has spawned a large literature that may be divided into two branches. The first is concerned with the compatibility of rights and utilitarianism seen as independent moral forces. This branch of the literature may be characterized as an example of the broader debate between the teleological (...) and deontological approaches. The second is concerned with the possibility that substantial rights may be grounded in utilitarianism with the moral force of rights being derived from more basic commitments to welfarism and consequentialism. This branch of the literature may be characterized as an exploration of the flexibility of the teleological approach, and, in particular, its ability to give rise to views more normally associated with the deontological approach. This essay is concerned with the second branch of the literature. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

This article provides a survey of various topics in which questions about taxation feature alongside questions about justice. It seeks to argue mainly that taxation is a rather fragmentary domain of inquiry about which it is hard to envisage the development of views about what justice requires with respect to tax policy in general. Guided by this idea, the article attempts to highlight some aspects of taxation whose connection with justice has been under-explored by philosophers, as well as to acquaint (...) the reader with a sense of the more thoroughly researched areas. (shrink)

In recent years, a number of realist thinkers have charged much contemporary political theory with being idealistic and moralistic. While the basic features of the realist counter-movement are reasonably well understood, realism is still considered a critical, primarily negative creed which fails to offer a positive, alternative way of thinking normatively about politics. Aiming to counteract this general perception, in this article I draw on Bernard Williams’s claims about how to construct a politically coherent conception of liberty from the non-political (...) value of freedom. I do this because Williams’s argument provides an illuminating example of the distinctive nature of realist political thinking and its attractions. I argue that Williams’s account of realist political thinking challenges the orthodox moralist claim that normative political arguments must be guided by an ideal ethical theory. I then spell out the repercussions Williams’s claims about the significance of political opposition and non-mor... (shrink)

This article defends the project of giving a single pleasure-based account of goodness against what may seem a powerful challenge. Aristotle, Peter Geach and Judith Thomson have argued that there is no such thing as simply being good; there is only (for example) being a good knife or a good painting (Geach), being serene or good to eat (Thomson), or being good in essence or in qualities (Aristotle). But I argue that these philosophers’ evidence is friendly to the hedonist project. (...) For, I argue, hedonistic accounts of goodness tend to imply that the unqualified term ‘good’ has little or no application to the things we talk about; while if we qualify hedonic goodness in certain ways, we generate usable predicates that match the varieties of goodness recognized by the three philosophers. And those qualifications happen to be natural interpretations of signals we do use alongside ‘good’, such as ‘knife’. (shrink)

This article defends the project of giving a single pleasure-based account of goodness against what may seem a powerful challenge. Aristotle, Peter Geach and Judith Thomson have argued that there is no such thing as simply being good; there is only (for example) being a good knife or a good painting (Geach), being serene or good to eat (Thomson), or being good in essence or in qualities (Aristotle). But I argue that these philosophersgoodgoodknife’.

: J. Baird Callicott's claim to have unified environmentalism and animal liberation should be rejected by holists and liberationists. By making relations of intimacy necessary for moral considerability, Callicott excludes from the moral community nonhuman animals unable to engage in intimate relations due to the circumstances of their confinement. By failing to afford moral protection to animals in factory farms and research laboratories, Callicott's biosocial moral theory falls short of meeting a basic moral demand of liberationists. Moreover, were Callicott to (...) include factory farm and research animals inside the moral community by affording them universal or non-communitarian rights, his theory would fall foul of environmentalists who seek to promote ecosystem stability and integrity via therapeutic hunting. If factory farm and research animals can have rights irrespective of their particular circumstances, then so can free- roaming animals from overabundant and exotic species. (shrink)

Democratic theory values diversity and pluralism, a market-place of visions und experiences of the good life. Presently conceived, education in democratic societies, because of the assumed requirement of neutrality concerning life choices, deters the flourishing of valuable versions of the good life which are the sine qua non of democratic society. A proposal is made about education which, on the one hand, upholds the relationships of democratic society, but at the same time fosters co-existence with dignity of a plethora of (...) cultural, ideological, ethnic and religious life options. (shrink)

Is personal moral inconsistency a challenge to overcome or embrace? This paper opts for the latter and argues for the Virtue of Encompassing the Contrary (VEC). According to VEC, an individual can balance and realize opposite values or virtues through time virtuously. This paper discusses critically various explanations given for moral inconsistency: Circumstantial Relativism, Moral Opportunism, the Consequentialist Solution, Moral Ambivalence, Kant’s Imperfect Duty and Dancy’s Moral Particularism. The paper argues that VEC fares better in answering the moral challenge of (...) inconsistent behavior. (shrink)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

The article shows that Mill's ethical theory is intimately connected with his theory of human improvement. This can be discerned by analyzing how his utilitarianism differs from Bentham's version. Mill regards the received doctrine as inadequate and he defends it against its critics by making major changes. The article argues that Mill's introduction of qualitative distinctions among pleasures and his emphasis on the higher pleasures were designed to accommodate utilitarianism to his belief in self-cultivation and progress. It concludes that Mill's (...) revisions make utilitarianism more plausible, although problems remain. (shrink)

This paper examines the political philosophy of Liberalism with particular focus on the principles of liberal neutrality and value pluralism. These principles, which are advocated by the most prominent contemporary liberal theorists mark a significant departure from classical liberalism and its monistic approach to seeking truth and the good. I argue that the shift to neutrality and pluralism have done a disservice to liberalism and that the cultivation of discrimination skills is needed to deal with the complex tasks of making (...) decisions intelligently and effectively. (shrink)

Sam Berstler has recently argued for a fairness-based moral difference between lying and misleading. According to Berstler, the liar, but not the misleader, unfairly free rides on the Lewisian conventions which ground public-language meaning. Although compelling, the pragmatic and metasemantic backdrop within which this moral reason is located allows for the generation of a vicious explanatory circle. Simply, this backdrop entails that no speaker has ever performed an assertion. As I argue, escaping the circle requires rejecting Berstler’s fairness-based reason against (...) lying. The problem is a general one: the wrong of lying cannot be founded on the goods of language. (shrink)

All people have human rights and, intuitively, there is a close connection between human rights, needs, and autonomy. The two main theories about the natureand value of human rights often fail to account for this connection. Interest theories, on which rights protect individuals’ important interests, usually fail to capturethe close relationship between human rights and autonomy; autonomy is not constitutive of the interests human rights protect. Will theories, on which human rights protect individuals’ autonomy, cannot explain why the nonautonomous have (...) a human right to meet their needs. This paper argues that it is possible to account for the close connection between human rights, needs, and autonomy if human rights at least protect individuals’ ability to live minimally good lives. It argues that people need whatever will enable them to live such lives and autonomy is partly constitutive of such a life. This argument also has importantimplications for some other key debates in the human rights literature. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. I (...) argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

Moral disagreement about public policies—issues such as abortion, affirmative action, and health care—is a prominent feature of contemporary American democracy. Yet it is not a central concern of the leading theories of democracy. The two dominant democratic approaches in our time—procedural democracy and constitutional democracy—fail to offer adequate responses to the problem of moral disagreement. Both suggest some elements that are necessary in any adequate response, but neither one alone nor both together are sufficient. We argue here that an adequate (...) conception of democracy must make moral deliberation an essential part of the political process. What we call “deliberative democracy” adds an important dimension to the theory and practice of politics that the leading conceptions of democracy neglect. (shrink)

If a child’s well-being is at risk of considerable harm within their own family, state institutions usually intervene. In severe cases, the parents’ right to rear is suspended. Cases of risk assessment and potential state intervention are decided within a conflict between parents’ rights and claims of children for protection. There is, we argue, a standard model of normative assessment underlying these decisions: It rests on premises rooted in classic liberal political philosophy, which is prevalent in many Western societies, such (...) as a strong commitment to individualism, a separation of private and public, or a conceptualization of children as lacking the status of full right holders. We proceed in three steps. Based on cases in social work and child welfare offices, firstly, the article proposes an inductive approach to describe the problem. Second, we point out the most critical problems and shortcomings of the standard model. On this basis, third, we develop an alternative, pragmatistic perspective on child welfare and state intervention. It argues that child welfare must be understood more broadly as a societal concern than merely as a matter of the legitimacy of state intervention. A practice-oriented section follows to show what conclusions can be drawn from our alternative model. (shrink)

:Appeals to social justice that argue medicine and healthcare should have certain priorities and not others are common. It is an obvious question to ask: What does social justice demand of the new genetic technologies? However, it is important to note that there are many theories and sub-theories of justice. There are utilitarian theories, libertarian theories, and egalitarian theories. There are so-called luck egalitarians, equality-as-fairness thinkers, and capability theorists, with each having his or her own distinctive approach to the distribution (...) of medical goods and technologies, and to healthcare priorities. This article argues that the discussion surrounding this question is potentially hampered by an implicit assumption that if one theory of justice is applicable in one context, then it must also be applicable in others. Instead, it is proposed that one adopt the stance, influenced by Michael Waltzer, that different theories with their opposing principles may be applicable to different questions regarding justice and genetics. The specific view advanced is that to answer questions about what justice requires regarding the therapeutic and enhancement use of genetic techniques, a method of reflective equilibrium can show how intuitions, in context, may support different theories of justice. When particular pre-theoretic ethical judgments are balanced against the theories that might explain or justify them, and are in accord with what seems emotionally acceptable, then it can be seen how different general theories may be applicable in the different contexts in which questions of justice and genetics arise. (shrink)

ABSTRACTJack Knight and James Johnson argue in The Priority of Democracy that democracy should be theorized and justified pragmatically: Democratic deliberations should be given a central coordinating role in society not because they realize any particular abstract ideal, but because they would elicit the information needed to solve real-world problems. However, Knight and Johnson rely on a naïve economic understanding of knowledge that assumes implausibly that individuals know what they need to know and need only aggregate thier separate beliefs. It (...) is precisely because we may not know what we need to know that we need to continually test our ideas. Contra Knight and Johnson, moreover, we ought to accept that our ability to interpret social experiments properly is questionable. A pragmatic approach to social inquiry, therefore, ought to investigate what beliefs political actors actually bring to collective decisions rather than how theoretically perfect beliefs ought to be elicited and aggregated. (shrink)

ABSTRACTAccording to Jonathan Kuyper, deliberative democratic theory, having taken a “systemic turn,” is now better able to deal with the complexity of the real world. Central to this development is the democratic “division of epistemic labor,” under which experts, public servants, and the politically engaged may compensate for the relative ignorance of democratic citizens at large. However, the systemic turn raises the question of whether deliberation has been reconstituted as a means to the end of citizens’ interests, or whether it (...) remains an end in itself. To the extent that deliberation has been accepted as a means to the realization of common interests, the systemic turn begs the question of why we should expect the epistemic division of labor to be effective in identifying public policies that serve those interests. To the extent that deliberative democrats seek to avoid this problem by retaining an a priori commitment to deliberative inclusion, it is more than conceivable that the systemic turn will descend into a simplistic and unedifying form of functionalism. (shrink)

Matti Häyry’s new book Rationality and the Genetic Challenge discusses the ethics of human genetic modification and the bioethical rationalities that inform the different ethical conclusions authors have advanced. It is aimed at correcting the belief that “only one rationality exists or one morality exists; that those that disagree [with them] are unreasonable or evil.” Häyry argues that there are multiple rationalities, and that even though ethical issues may have solutions within individual rationalities, disagreements that have their root in separate (...) rational approaches cannot be universally solved by intellectual arguments. In debates about the ethics of using new biotechnologies to genetically modify human beings, the normal state is one of fundamental disagreement over almost all of the anticipated uses to which the technology could be put. Häyry’s point is that such a state of affairs is not necessarily due to a lack of reason because there are many, equally valid, ways of being reasonable. (shrink)

Lorsque la philosophie a voulu penser la propriété et son origine, elle a fait de la nature le cadre approprié pour l’appréhender, y compris à des époques où la propriété, aussi bien privée que commune, était déjà régulée par un système de juridictions préexistant. La propriété et la question de sa légitimité ont alors été interrogées aux confins de l’articulation entre l’ordre du fait (s’incarnant notamment dans l’appropriation) et celui du droit. Néanmoins la mise au premier plan d’une nécessité naturelle (...) ainsi que l’inscription de l’appropriation dans un registre naturaliste ont pour vocation de soustraire la propriété à la problématique de la justice distributive. L’approche naturaliste de l’appropriation privative implique en outre un usage pragmatique de la norme juridique, renversant par là la « loi de Hume », alors même que cette norme pourrait être tout aussi légitimement mobilisée pour instaurer un devoir-être plutôt que pour instituer juridiquement un état de fait. Classification JEL : B12, P14. (shrink)

Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

The role of ethics in technology development has been often questioned, especially in the early days of societal reflection of technology. However, the situation has changed dramatically. Ethical consideration now is generally declared to be indispensable in shaping technology in a socially acceptable and sustainable way. The expectations of ethics are large; often even a kind of “New Ethics” is postulated. In the present paper an over-estimation of the role of ethics for technology development is rejected. It is argued that (...) ethical reflection is, indeed, indispensable in certain problem areas and situation types; but there is, on the other hand, space for technology development free from the requirement for ethical reflection. The absence of a requirement for ethical reflection, however, always has to be considered relative to some “morale provisoire” (provisional morality) as an accepted normative framework within which technology development may occur without explicit ethical reflection. If this framework, however, is doubted or is shown to be insufficient the situation changes completely. Ethical reflection in this case becomes necessary, to consider this normative framework in order to offer modifications or supplements. (shrink)

: My contribution intends to show that the traditional philosophical concept of work (Marx, Hegel, Kierkegaard, Marcuse, Arendt, Habermas, and the rest) leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes (...) visible, as socially necessary work, the so-called reproductive sphere pertaining to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

My contribution intends to show that the traditional philosophical concept of work leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes visible, as socially necessary work, the so-called reproductive sphere pertaining (...) to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

Many are committed to the idea that the present generation has obligations to future generations, for example, obligations to preserve the environment and certain natural resources for those generations. However, some philosophers want to explain why we have these obligations in terms of correlative rights that future persons have against persons in the present. Attributing such rights to future persons is controversial, for there seem to be compelling arguments against the position. According to the “nonexistence” argument, future persons cannot have (...) rights (and so should not be attributed rights) because they do not exist. According to the “no-satisfaction” argument, future persons cannot have a right to resources that do not exist at the time of their existence because such a right could not, in principle, be satisfied. In this paper, I will argue that an eternalist ontology of time provides the resources for satisfactorily responding to both the nonexistence and the no-satisfaction arguments. (shrink)

A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more adequate, since it (...) can accommodate cases which the strong version cannot, and which it is unreasonable to view as cases of compromise. Discourse theory needs a weaker general discourse principle and a more flexible notion of normative consensus than is found in Habermas's Between Facts and Norms. (shrink)

:In this essay I defend an alternative account of why markets are legitimate. I argue that markets have a raison d’être—a potential to be valuable that, if fulfilled, would justify their existence. I characterize this potential in terms of the goods that are promoted by the legal protection of economic agency: resource discretion, contribution esteem, wealth, diffusion of power, and freedom of association. I argue that market institutions deliver these goods without requiring the participants to have shared ends, or shared (...) deliberation about joint ends—indeed, this feature is the source of the market’s distinctive contribution to well-being. I suggest that when markets lack legitimacy, this is because they fail to fulfill their raison d’être, or fail to be recognized as doing so. Thus, the contours of legal protection must be drawn so that these goods are realized together in a recognizable way, without sacrificing one good for the sake of others. Finally, I argue that this account is appealing because it allows regulators to consider a plurality of goods, and because it makes room for the essential role of rhetoric in securing market legitimacy. (shrink)