Doctors, nurses, and pharmacists who refuse on grounds of conscience to participate in certain legal, expected, and standard practices have been accused of unprofessionally introducing their personal views into medicine. My first response is that they often are not engaging in conscientious objection because that involves invoking convictions external to those of the medical community. I contend that medicine, properly construed, is pathocentric, and so refusing to induce a pathology via abortion, contraception, euthanasia, etc., is actually being loyal to the (...) internal morality of medicine. My second response is that even if such refusals are best considered conscientious objection, there is still no personal hijacking of medicine. Doctors refusing to induce pathologies need not refuse qua Christian, but can do so qua doctor. A pathocentric account of medicine provides a principled way of distinguishing conscientious objection from religious, idiosyncratic, and bigoted refusals. Patients’ refused pathology-inducing procedures are not medically harmed. (shrink)

The Confucian family, not only in its historical manifestations but also in the imagination of the Confucian founders, was the locus of misogynist norms and practices that have subjugated women in varying degrees. Therefore, advancing women’s well-being and equality in East Asia may seem to require radically transforming the Confucian family to approximate alternative ideal conceptions of the family in the West. This article opposes such a stance by arguing that (1) Western conceptions of the family may be neither plausible (...) nor feasible in traditionally Confucian societies and (2) the Confucian family, once reconstructed in line with Confucianism’s core ideas and values, can be conducive to a feminist future in East Asia that is uniquely Confucian. In order to support my position, not only influential contemporary Western ideal conceptions of the family from the justice perspective and care ethics, but also different interpretations of the Confucian family will be carefully examined. (shrink)

“Confucian democracy” is considered oxymoronic because Confucianism is viewed as lacking an idea of equality among persons necessary for democracy. Against this widespread opinion, this article argues that Confucianism presupposes a uniquely Confucian idea of equality and that therefore a Confucian conception of democracy distinct from liberal democracy is not only conceptually possible but also morally justifiable. This article engages philosophical traditions of East and West by, first, reconstructing the prevailing position based on Joshua Cohen’s political liberalism; second, articulating a (...) plausible conception of Confucian democracy predicated on Confucian conceptions of persons and political participation from the Mencian tradition; and third, exposing the implausibility of the prevailing position in light of the articulation. (shrink)

This article describes and analyzes the design and functioning of the Statistical Ethics System (SETE) in Colombia’s National Statistical Office. It presents the methodology and general process of planning and implementation of the System, supported by a conceptual analysis of the requirements for an ethical functioning of official statistics. The general objective of the article is to make a practical contribution to the understanding of conceptual and practical features that ought to be considered in the implementation of an ethical system (...) in the operation of the public sector, particularly in the area of the production of official statistics. The text is divided into five parts. In the first part, we make a general introduction to the ethical value of official statistics. In the second and third parts, we make a presentation and analysis of the principles and risks that were selected as the basic ethical framework for the production of official statistics at the National Administrative Department of Statistics (DANE). The fourth section presents the conceptual and practical bases of how SETE operates. The fifth section we present some concluding remarks. (shrink)

This paper analyzes the main features of rational choice theory and evaluates it with respect to the conceptions of Lakatos' research program and Laudan's research tradition. The analysis reveals that the thin rationality assumption, the axiomatic method and the reduction to the micro level are the only features shared by all rational choice models. On these grounds, it is argued that rational choice theory cannot be characterized as a research program. This is due to the fact that the thin rationality (...) assumption cannot be understood as a hard core in Lakatos' terms. It is argued that Laudan's conception of a research tradition better characterizes rational choice theory. On the basis of this conclusion, certain important criticisms of rational choice theory are answered. First, the criticisms concerning the core assumptions of rational choice theory are countered. It is argued that this critique is based on a misunderstanding of rational choice theory as a unified set of models, such as Lakatos' research program. Second, Green and Shapiro's rational choice 'pathologies' - inconsistent predictions, post hoc theory development and arbitrary domain restrictions - are evaluated. Contrary to Green and Shapiro, it is argued that post hoc theory development is a more preferable strategy for developing RCT than domain restrictions based on ex ante rules. (shrink)

This paper discusses Adam Smith's views of social justice. It first describes Smith's optimistic view of markets, for example with regard to the absence of negative externalities, which implies that he considered certain normative problems to be the exception rather than the rule. Then, Smith's views on redistribution are discussed: although he is sympathetic to progressive taxation, his main focus remains on free markets, which can partly be explained by his distrust of politicians. If one takes a closer look as (...) Smith's views of markets, however, it turns out that one of the reasons why he endorses them is their distributive features. He saw them as an antidote to the inequalities of the feudal age, offering all individuals an opportunity to work their way up to a decent standard of living and leading to more equality in the long run. Thus, Smith's account, while out-dated in certain ways, can serve as an inspiration for thinking about distributive justice not only as a question of redistributive taxation but also as a question of the institutional design of markets. (shrink)

Most writers on international business ethics adopt a universalist perspective, but the traditional expression of problems in terms of a discrepancy between (superior) home country and (inferior) host country values makes it difficult to preserve the symmetry required by a universalizability criterion. In this paper a critique of Donaldson’s (1989) theory is used to illustrate some of the ways in which ethnocentric assumptions can enter into a supposedly universalist argument. A number of suggestions are then made for improving Donaldson’s approach (...) by careful attention to the requirement of universalizability, expressed in a contractarian theory in the form of agent symmetry or reciprocity. (shrink)

In The Imaginary Domain, Drucilla Cornell argues that law would best help women by guaranteeing "minimum conditions for individuation" for all citizens (1995, 4). Cornell believes that, as a guiding idea for law and economic institutions, the liberal social contract has not so much denied women equal protection as a group as it has arbitrarily given a negative meaning to sexual difference—including but not limited to female embodiment. In Deleuzian terms, this contract is a generative Idea encoding a discourse in (...) which women's life possibilities are more general and less singular than those of other citizens.Cornell agrees with Rawls that a polity should be grounded on principles to which all individuals could .. (shrink)

The rule of law demands that the state's coercive power be used only according to settled general laws, applied impersonally. But an individualist theory of legal inter pretation cannot provide the shared understanding required. Gadamer appeals to the practical wisdom of judges and lawyers, who will agree on how to apply law to new cases. But this account is adequate only for very cohesive societies. Dworkin's account rests on propositional knowledge of a supposed best interpretation of an entire legal system. (...) But even if such a best interpretation is possible in theory, this possibility does not provide shared understandings in the social world. (shrink)

Abstract:After a decade of intensive debate, stakeholder ideas have come to exert a significant influence on academic management thinking, but normative stakeholder theory itself appears to be in considerable disarray. This paper attempts to untangle the confusion and to prepare the ground for a more productive approach to the normative stakeholder problem. The paper identifies three distinct kinds of normative stakeholder theory and three different levels of claim that can be made by such theories, and uses this classification to argue (...) that stakeholder theorists have consistently pitched their sights either too high or too low to engage effectively with the rival shareholder theory. To the extent that they have their sights too high they have also undermined their own position by sacrificing credibility and introducing major problems of derivation. (shrink)

Robert Nozick addresses the idea of egalitarian redistribution in an argument standardly considered original: the “Wilt Chamberlain Argument”. However, this argument is found in David Hume's An Enquiry Concerning the Principles of Morals, first published in 1751. Placing this argument within a Humean and Hayekian, rather than a Lockean or Kantian, perspective radically changes its import for issues of economic justice. Rather than vindicating the radical individualism of Nozick and other libertarians, applied to our circumstances using Hume's conventionalist and evolutionary (...) account of justice, Hume's Wilt Chamberlain argument vindicates moderate redistribution constrained by the rule of general laws and the goal of fostering innovation and industriousness. (shrink)

A great deal of philosophical consideration has been given in recent years to the issue of justice. In large measure this effort has focused upon justice in. relation to social institutions, to the distributive question of disbursing social benefits on the one hand or punishments and burdens on the other hand. Essentially we may view justice as having two basic requirements. In the first place we need conditions assuring impartial treatment of individuals and, in the second place, conditions for reasonable (...) treatment of individuals — as injustice may arise either if relevantly similar persons are accorded dissimilar treatment or if they receive similar but unreasonable treatment.In this article I shall examine a number of devices which have been proposed to meet the first requirement — that of impartiality. Social theorists have pursued impartiality with strategies ranging from the disinterested Ideal Observer of many utilitarians to the ‘veil of ignorance’ conditions in John Rawls's revitalized contract theory. I shall demonstrate that the preoccupation with impartiality in social institututions has had an unfortunate consequence. It has obscured the original motive for impartiality and led to a misunderstanding of the concept. (shrink)

What makes climate change such a difficult problem to solve is that it is so pervasive: it is global but with very different effects on regions and nations. It stretches through time to many future generations. Its causes are ultimately the growth of population, the structure of production and growing consumption: greater numbers require ever more to make them happy.

Contemporary society is in the grip of contractual thinking. Realities are interpreted in contractual terms, and goals are formulated in terms of rational contracts. The leading current conceptions of rationality begin with assumptions that human beings are independent, self-interested or mutually disinterested, individuals; they then typically argue that it is often rational for human beings to enter into contractual relationships with each other.

This paper examines the problems that various contemporary human rights discourses face with relativism, with special reference to the global protection of women’s rights. These problems are set within the theoretical debate between the Western liberal individualism on the one hand, and African, Asian and Islamic collectivist communitarianism on the other. Instead of trying to prove the superiority of one theoretical approach over the other, the purpose here is to point out some of the most common logical fallacies and cultural (...) biases that have led to false polarizations between the various theoretical foundations of human rights discourse. The paper highlights these errors and inaccuracies with a view to diminishing the dichotomies between the various philosophical foundations of human rights, particularly in connection to the promotion of women’s rights. This is done in order to pave the way for more open and impartial political, cultural and gender dialogue in the promotion of human rights both in theory and in practice. (shrink)

While feminist philosophy has had much to say on the topic of reason, little has been done to develop a specifically feminist account of the concept. I argue for a virtue account of mind grounded in contemporary approaches to rationality. The evolutionary stance adopted within most contemporary theories of mind implicitly entails a rejection of central elements of Cartesianism. As a result, many accounts of rationality are anti-modern is precisely the sorts of ways that feminists demand. I maintain that a (...) virtue account of rationality can provide a satisfactory answer to Benhabib’s question in Situating of the Self: what concept of reason are we willing to defend? (shrink)

Trial by jury is a fundamental feature of democratic governance. But what form should jury decision-making take? I argue against the status quo system in which juries are encouraged and even required to engage in group deliberation as a means to reaching a decision. Jury deliberation is problematic for both theoretical and empirical reasons. On the theoretical front, deliberation destroys the independence of jurors’ judgments that is needed for certain attractive theoretical results. On the empirical front, we have evidence from (...) both legal and non-legal contexts that group deliberation often leads to group judgments that are worse in a number of respects than judgments generated by non-interactional methods of judgment aggregation. Finally, I examine some possible alternatives to free-wheeling jury deliberation, including the constrained and structured deliberation embodied in the DELPHI method, voting, and averaging of probabilistic judgments. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)

ZusammenfassungObwohl Sportinteraktionen selten ohne einen Unparteiischen ablaufen, ist dieser Umstand soziologisch kaum erforscht. Die Spielleitung im Fußball, dem hier das Hauptinteresse gehört, ist in der Regel an einen neutralen Dritten delegiert, der das Spiel situativ beeinflusst, wie z.B. Elfmeterentscheidungen zuweilen drastisch vor Augen führen. Über einen Vergleich von Spielen ohne Schiedsrichter mit dem Kreisligafußball frage ich nach den strukturellen Unterschieden, die die Anwesenheit eines Schiedsrichters erzeugt. Dabei zeigt sich, dass ihre Präsenz die lautere und unlautere Konkurrenz im Spiel erhöht und (...) dass sich Spieler und Schiedsrichter in einer strategischen Interaktion befinden. Schließlich beschreibe ich die dramaturgischen Herausforderungen für Schiedsrichter, wie etwa ihre Darstellung von Neutralität und sicheren Entscheidungen. (shrink)

The desire-satisfaction theory of well-being says, in its simplest form, that a person’s level of welfare is determined by the extent to which their desires are satisfied. A question faced by anyone attracted to such a view is, *Which desires*? This paper proposes a new answer to this question by characterizing a distinction among desires that isn’t much discussed in the well-being literature. This is the distinction between what a person wants in a merely behavioral sense, in that the person (...) is, for some reason or other, disposed to act so as to try to get it, and what a person wants in a more robust sense, the sense of being *genuinely attracted* to the thing. I try to make this distinction more clear, and I argue for its axiological relevance by putting it to work in solving four problem cases for desire satisfactionism. The theory defended holds that only desires in the latter, genuine-attraction sense are relevant to welfare. (shrink)

The desire-satisfaction theory of welfare says, roughly, that one's life goes well to the extent that one's desires are satisfied. On standard 'actualist' versions of the theory, it doesn't matter what you desire. So long as you are getting what you actually want – whatever it is – things are going well for you. There is widespread agreement that these standard versions are incorrect, because we can desire things that are bad for us -– in other words, because there are (...) 'defective desires'. The aim of this paper is to defend the actualist desire-satisfaction theory against the problem of defective desires. I aim to show how the theory can accommodate the obvious fact that we can desire things that are bad for us. Admittedly, there are kinds of allegedly defective desire the theory cannot accommodate, but these desires, I argue, turn out not to be defective in the relevant way. (shrink)

Critical response to John Rawls's The Law of Peopleshas been surprisingly harsh) Most of the complaints centre on Rawls's claim that there are no obligations of distributive justice among nations. Many of Rawls's critics evidently had been hoping for a global application of the difference principle, so that wealthier nations would be bound to assign lexical priority to the development of the poorest nations, or perhaps the primary goods endowment of the poorest citizens of any nation. Their subsequent disappointment reveals (...) that, while the reception of Rawls's political philosophy has been very broad, it has not been especially deep. Rawls has very good reason for denying that there are obligations of distributive justice in an international context. (shrink)

According to the argument from self-sacrifice, standard, unrestricted desire-based theories of welfare fail because they have the absurd implication that self-sacrifice is conceptually impossible. I attempt to show that, in fact, the simplest imaginable, completely unrestricted desire-based theory of well-being is perfectly compatible with the phenomenon of self-sacrifice – so long as the theory takes the right form. I go on to consider a new argument from self-sacrifice against this simple theory, which, I argue, also fails. I conclude that, contrary (...) to popular opinion, considerations of self-sacrifice do not pose a problem for preferentist theories of welfare. (shrink)

One of the most troubling features of international trade is that it often involves exchange between individuals facing dramatically different life circumstances, who therefore derive different levels of benefit from the exchange. Most obviously, wages are extremely low in underdeveloped countries. However, the principle underlying these wages is the same as the one the dictates wage levels in wealthy countries. It is, therefore, difficult to criticize the wages paid to ?pauper labor? without at the same time criticizing the way that (...) capitalism functions as a whole. For those who would like to question aspects of globalization, without simply repeating the standard moralizing critique of capitalism, this poses particular difficulties. This paper offers some suggestions on how egalitarians can approach this issue. The central piece of conceptual apparatus introduced, in the service of this aim, is the distinction between a ?first-best?, a ?second-best?, and an ?nth best? set of normative principles. It is then suggested, first, that capitalism is acceptable to egalitarians only within a third-best framework, and second, that this low level of idealization imposes real constraints on how far one can go in criticizing trade practices at the global level. (shrink)

ABSTRACT:There is considerable overlap between the interests of business ethicists and those of political philosophers. Questions about the moral justifiability of the capitalist system, the basis of property rights, and the problem of inequality in the distribution of income have been of central importance in both fields. However, political philosophers have developed, especially over the past four decades, a set of tools and concepts for addressing these questions that are in many ways quite distinctive. Most business ethicists, on the other (...) hand, consider their field to be primarily a domain of applied ethics, and so adopt methods and conceptual frameworks developed by moral philosophers. In this paper, we discuss some of the salient differences between these two approaches, and suggest some ways in which business ethicists could benefit from taking a more “political philosophy” approach to these questions. Throughout, we underline the importance of seeking greater compatibility among the principles used in normative theorizing about markets, regulations, corporate governance, and business practices. (shrink)

This paper explores the extent to which behavioral public policies can be both efficient and democratic by reflecting on the conditions under which individuals could rationally consent to them. Consent refers to a moral requirement that a behavioral public policy should respect what I call a person’s value autonomy and conception of the good. Behavioral public policies can take many forms. Based on a social choice framework, I argue that fully paternalistic and prudential behavioral public policies are unlikely to trigger (...) a hypothetical form of rational consent. Non-fully paternalistic behavioral public policies with partially non-prudential motivations are less problematic in this perspective. In any case, a public deliberative stage preceding the implementation of policies seems to be the best democratic way to justify them. (shrink)

Socially extended knowledge has recently received much attention in mainstream epistemology. Knowledge here is not to be understood as wholly realised within a single individual who manipulates artefacts or tools but as collaboratively realised across plural agents. Because of its focus on the interpersonal dimension, socially extended epistemology appears to be a promising approach for investigating the deeply social nature of epistemic practices. I believe, however, that this line of inquiry could be made more fruitful if it is connected with (...) the critical notion of epistemic responsibility, as developed in feminist responsibilism. According to feminist responsibilists, at the core of epistemic responsibility is a critical disposition toward correcting epistemic injustice. This epistemic idea is highly relevant to the epistemological context of illness, where patient testimony is often disregarded. Hence, though restricted to the epistemological context of the experience of illness, this chapter delves into epistemic injustice and its robust mechanisms. I thus explore what responsible epistemic practices should involve in order to redress that injustice and how epistemic responsibility should be socially extended. The discussion proceeds as follows. First, by relying on Arthur Frank’s innovative work on illness narratives, I focus on chaotic bodily messages from patients overwhelmed by suffering and then explain why these messages should count as genuine narratives or testimonies despite their inarticulateness. Second, I elaborate on how epistemic injustice concerning such narratives (i.e., chaos narratives) is produced and reproduced, in particular how both a dominant sociocultural norm and our inherent vulnerability can contribute to its production and reproduction. Finally, I propose an extended form of epistemic responsibility that ameliorates this aspect. Laying particular emphasis on the epistemic role of mature empathy, I characterise the extended epistemic responsibility in terms of extended empathic knowledge. (shrink)

Peter Singer is well known to have argued for our responsibilities to address global poverty based on an analogy with saving a drowning child. Just as the passerby has a duty to save that child, we have a duty to save children ‘drowning’ in poverty. Since its publication, more four decades ago, there have been numerous attempts to grapple with the inescapable moral challenge posed by Singer’s analogy. In this paper, we propose a new approach to the Singerian challenge, through (...) offering a different explanation for why our intuitions about rescuing a threatened person in front of us are more demanding than our intuitions about rescuing those living under equally threatening conditions of poverty. We argue that understanding the underlying motive or mechanism by which people come to endorse intuitions about duties of assistance undermines our confidence in the validity and robustness of some of the highly demanding intuitions that Singer relies on. This, in turn, puts serious limitations on the normative and practical reach of Singer’s analogy. (shrink)

It may even be held that [the intellect] is the true self of each, inasmuch as it is the dominant and better part; and therefore it would be a strange thing if a man should choose to live not his own life but the life of some other than himself. Moreover . . . that which is best and most pleasant for each creature is that which is proper to the nature of each; accordingly the life of the intellect is (...) the best and the pleasantest life for man, inasmuch as the intellect more than anything else is man. (shrink)

Graham Haydon; Collective Moral Philosophy and Education for Pluralism, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, Pages 97–106, https.

In Patterns of Moral Complexity, Charles Larmore describes three related ways in which moral and political theory are more complex than is often allowed. He objects to three parallel simplifications: that moral decision making largely consists in the application of rules to particular situations; that the ideals by which we are guided in our personal lives should also do service as political ideals, a simplification which he calls “expressivism”; and that there is but a single source of moral value. Against (...) these simplifications he argues in a sort of Aristotelian way for the centrality of judgment in moral reasoning; for the liberal principle that the state should not strive to express our highest personal ideal; and for the, I suppose eclectic, view that partiality, deontological reasons, and consequentialist reasons all have a place in moral reasoning and that therefore the moral person may well be caught in conflicts that present him or her with tragic choices. These are the three “patterns of moral complexity” that the title of the book refers to. (shrink)

This essay explores a creative argument that Cicero offers to answer a fundamental question: how are we to judge among different ways of life? Is there a natural hierarchy of human types? In respon...

This essay explores a creative argument that Cicero offers to answer a fundamental question: how are we to judge among different ways of life? Is there a natural hierarchy of human types? In response to this problem, Cicero gives an account of a person’s possessing two natures. All of us participate in a general human nature, the characteristics of which provide us with certain universal duties and a natural moral hierarchy. But, we also each possess an individual nature, qualities that (...) make us unique and which we have an obligation to cultivate. By employing different concepts of natura to refer either to common human nature or to particular individual nature, Cicero establishes a basis for a normative standard that manages to affirm the superiority of certain especially valuable types of life, such as the philosopher and the statesman. At the same time, he advances a coherent account of individuality that places high value on natural human diversity. (shrink)

There is a perennial philosophical dream of a certain natural order for the natural kinds. The name of this dream is ‘the hierarchy requirement’. According to this postulate, proper natural kinds form a taxonomy which is both unique and traditional. Here I demonstrate that complex scientific objects exist: objects which generate different systems of scientific classification, produce myriad legitimate alternatives amongst the nonetheless still natural kinds, and make the hierarchical dream impossible to realize, except at absurdly great cost. Philosophical hopes (...) for a certain order in nature cannot be fulfilled. Natural kinds crosscut one another, ubiquitously so, and this crosscutting spells the end of the hierarchical dream. (shrink)

Book Reviews Daniel M. Hausman, Economics and Philosophy, FirstView Article.

Book Reviews Daniel M. Hausman, Economics and Philosophy, FirstView Article.

People condemn inequalities for many reasons. For example, many who have no concern with distribution per se criticize inequalities in health care, because these inequalities lessen the benefits provided by the resources that are devoted to health care. Others who place no intrinsic value on distribution believe that a just society must show a special concern for those who are worst off. Some people, on the other hand, do place an intrinsic value on equality of distribution, regardless of its contribution (...) to other goals. Derek Parfit and Larry Temkin call these people "egalitarians." I shall always employ quotation marks when referring to "egalitarians" in this special sense, because, as I shall argue, this terminology is misleading. One of its unhappy implications is that almost all egalitarians are not "egalitarians.". (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

The three leading normative theories of business ethics are the stockholder theory, the stakeholder theory, and the social contracttheory. Currently, the stockholder theory is somewhat out of favor with many members of the business ethics community. Thestakeholder theory, in contrast, is widely accepted, and the social contract theory appears to be gaining increasing adherents. In thisarticle, I undertake a critical review of the supporting arguments for each of the theories, and argue that the stockholder theory is neitheras outdated nor as (...) flawed as it is sometimes made to seem and that there are significant problems with the grounding of both thestakeholder and social contract theory. I conclude by suggesting that a truly adequate normative theory of business ethics must ultimately be grounded in individual consent. (shrink)

What, if anything, do we owe others as a basic minimum? Sufficiency theorists claim that we must provide everyone with enough – but, to date, few well-worked-out accounts of the sufficiency threshold exist, so it is difficult to evaluate this proposition. Previous theories do not provide plausible, independent accounts of resources, capabilities, or welfare that might play the requisite role. Moreover, I believe existing accounts do not provide nearly enough guidance for policymakers. So, this article sketches a mechanism for arriving (...) at an account of the minimally good life that can help locate the sufficiency threshold. (shrink)

: In The Morality of Freedom, Joseph Raz argues against a right to autonomy. This argument helps to distinguish his theory from his competitors'. For, many liberal theories ground such a right. Some even defend entirely autonomy-based accounts of rights. This paper suggests that Raz's argument against a right to autonomy raises an important dilemma for his larger theory. Unless his account of rights is limited in some way, Raz's argument applies against almost all (purported) rights, not just a right (...) to autonomy. But, on the traditional way of limiting accounts like his, Raz's account actually supports the conclusion that people have a right to autonomy. So, unless there is another way of limiting his account that does not have this consequence, Raz's argument against a right to autonomy does not go through. (shrink)

Morally speaking, is abortion murder? This is what I am calling the ‘abortion problem’. I claim that neither pro-life nor pro-choice advocates have the correct solution; that the correct solution is instead one considered correct by relatively few people. But if this solution really is correct, then why, after years of intense debate, is this solution not more widely accepted? Many, no doubt, are precluded from accepting it by religious dogma. But others, I think, fail to arrive at a correct (...) solution because they have been approaching the problem from the wrong theoretical framework. Or they have been approaching it without any theoretical framework at all. That is, they have no theoretical framework beyond that of merely examining their moral intuitions and, if anything is clear so far from the abortion debate, it is that intuitions alone, which differ radically from person to person, are not sufficient to solve the problem. In short: one is unlikely to arrive at the correct solution unless one starts from a sound theoretical framework. I shall, in what follows, sketch what I take to be a sound theoretical framework. Then I shall try to show what solution to the abortion problem follows from it. (shrink)

ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.