Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

The descriptions 'good' and 'bad' are examples of thin concepts, as opposed to 'kind' or 'cruel' which are thick concepts. Simon Kirchin provides one of the first full-length studies of the crucial distinction between 'thin' and 'thick' concepts, which is fundamental to many debates in ethics, aesthetics and epistemology.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. We use evaluative terms and concepts every day. We call actions right and wrong, teachers wise and ignorant, and pictures elegant and grotesque. Philosophers place evaluative concepts into two camps. Thin concepts, such as goodness and badness, and rightness and wrongness (...) have evaluative content, but they supposedly have no or hardly any nonevaluative, descriptive content: they supposedly give little or no specific idea about the character of the person or thing described. In contrast, thick concepts such as kindness, elegance and wisdom supposedly give a more specific idea of people or things. Yet, given typical linguistic conventions, thick concepts also convey evaluation. Kind people are often viewed positively whilst ignorance has negative connotations. The distinction between thin and thick concepts is frequently drawn in philosophy and is central to everyday life. However, very few articles or books discuss the distinction. In this full-length study, Simon Kirchin discusses thin and thick concepts, highlighting key assumptions, questions and arguments, many of which have gone unnoticed. Kirchin focuses in on the debate between 'separationists' and 'nonseparationists'. Thick Evaluation argues for a version of nonseparationism, and in doing so argues both that many concepts are evaluative and also that evaluation is not exhausted by thin positive and negative stances. (shrink)

More than twenty years after its original publication, _The Case for Animal Rights _is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to bring the (...) debate forward, I then turn to the practices of HRL and international criminal law to examine which of those approaches best illuminates some salient aspects of the adjudication of ICs. Finally, I argue that the political approach best explains the practice. While each preserves a distinct role, HRL and ICL both establish the basic conditions for the primary subject of international law, namely the state, to legitimately govern its own subjects constructed as free and equal moral agents. (shrink)

Legal scholars and theorists have recently drawn a more sustained attention to the link between international human rights law (hereafter IHRL) and international criminal law (hereafter ICL). This concerns both positive and more normative accounts of the link. Whether positive or normative, the predominant approach to constructing the link is substantive. This overlap is normatively justified in similar terms by reference to a subset of moral human rights. In this paper, I offer an alternative to the substantive approach. After identifying (...) two flaws in the substantive approach (the problem of threshold and the problem of ethical neutrality), I defend what I call a structural account by focusing on duty‐holders. I start by reconstructing two structural characteristics common to IHRL and ICL qua international legal regimes: who has the authority to address violations of IHRL and ICL, and who can be liable for those violations. I then infer that public authority (functionally construed) constitutes the common structural core of IHRL and ICL. I rely on the extraterritorial application of IHRL and on the collective dimension of ICL violations to further support the argument. I finally offer an argument explaining the normative point of those structural features. I hold that IHRL and ICL (their adjudicative and liability regimes) are both necessary (but clearly not sufficient) to render this exercise of public authority legitimate to its subjects. (shrink)

This paper argues that a sweatshop worker's choice to accept the conditions of his or her employment is morally significant, both as an exercise of autonomy and as an expression of preference. This fact establishes a moral claim against interference in the conditions of sweatshop labor by third parties such as governments or consumer boycott groups. It should also lead us to doubt those who call for MNEs to voluntarily improve working conditions, at least when their arguments are based on (...) the claim that workers have a moral right to such improvement. These conclusions are defended against three objections: 1) that sweatshop workers' consent to the conditions of their labor is not fully voluntary, 2) that sweatshops' offer of additional labor options is part of an overall package that actually harms workers, 3) that even if sweatshop labor benefits workers, it is nevertheless wrongfully exploitative. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

Singer has argued against the permissibility of killing people on the grounds of the distinction between conscious and self-conscious animals. Unlike conscious animals, which can be replaced without a loss of overall welfare, there can be no substitution for self-conscious animals. In this article, I show that Singer's argument is untenable, in the cases both of the preference-based account of utilitarianism and of objective hedonism, to which he has recently turned. In the first case, Singer cannot theoretically exclude that a (...) self-conscious being's stronger preferences may only be satisfied by killing another self-conscious being. In the second case, he fails to demonstrate that the rules of ordinary morality, demanding that killing be strictly forbidden, could not frequently be overruled by the principles of esoteric morality. In both cases, his theory cannot solve the classical utilitarian problem of prohibiting the killing of people in secret. (shrink)

A conception of the person as a subjective being plays a crucial, though frequently overlooked, role in the justification of unequal property in liberal theories. Unger's ascription of individualism to general liberal legal theory can be concretely defended with respect to liberal theories of property. Identifying a common fundamental structure calls in question the conventional view that the liberal legal theories rest on an ensemble of different moral foundations. So important is subjective personality to the moral basis for highly unequal (...) property that such property looks to be morally untenable if this concept of the person is invalid. The analysis points to social theory of personality as a major direction for research into an alternative theory of egalitarian property right. (shrink)

In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...) a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under property rights. (shrink)

Zohar applies Talmudic views on communal sin to contemporary political discourse by posing the question "Are we our brothers' keepers?" The essay addresses international responsibility to protect victims of oppression worldwide.

This article discusses the concept of publicity in Kant’s moral philosophy. Insofar as the concepts of ‘public’ and ‘private’ can describe our relations with others, they can be considered to be moral concepts. I argue that we can find in Kant a moral duty not to keep our maxims of action private, or secret. Whereas Korsgaard argues that sometimes in the face of evil it is permissible to sidestep the moral law, I argue that it is rather through publicity that (...) we can deal with evil in the non-ideal world. Moreover, by being open with our maxims, moral progress is possible. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

It is becoming more common that the decision-makers in private and public institutions are predictive algorithmic systems, not humans. This article argues that relying on algorithmic systems is procedurally unjust in contexts involving background conditions of structural injustice. Under such nonideal conditions, algorithmic systems, if left to their own devices, cannot meet a necessary condition of procedural justice, because they fail to provide a sufficiently nuanced model of which cases count as relevantly similar. Resolving this problem requires deliberative capacities uniquely (...) available to human agents. After exploring the limitations of existing formal algorithmic fairness strategies, the article argues that procedural justice requires that human agents relying wholly or in part on algorithmic systems proceed with caution: by avoiding doxastic negligence about algorithmic outputs, by exercising deliberative capacities when making similarity judgments, and by suspending belief and gathering additional information in light of higher-order uncertainty. (shrink)

Meta-ethics without normative ethics is empty. In the current climate this hardly needs emphasis: since 1960 or so philosophers in the English-speaking world have put away their earlier reluctance to think about substantive moral issues. For a while, in fact, it seemed that normative ethics would completely dominate the scene in the way metaethics once did, but, happily, this situation has begun to change with the appearance of a stimulating and illuminating body of work on the rational basis of morality. (...) Even those philosophers most intent on solving first-order moral problems have begun to realize that, in the last analysis, normative ethics without meta-ethics is blind. (shrink)

This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, (...) by claiming that one’s denial of state authority necessarily poses an unjust threat to other people, and by invoking the consideration of fairness to preempt one’s discretion in discharging a natural duty. My criticisms, I believe, provide sufficient reasons for natural-duty theorists to take the requirement of content independence much more seriously. (shrink)

Is guidance by social norms compatible with rationality? Jon Elster has argued inThe Cement of Societythat there is a fundamental contrast between rationality and conformity to social norms. The context of study is the problem of collective action, with special emphasis on collective wage bargaining. In such negotiations, the appeal to social norms rather than to self-interest can block agreement. Suppose one union is committed to the norm of equal pay for equal work; another one appeals to the norm of (...) equal pay for everybody, regardless of the type of work. ‘In the presence of competing norms that favor different groups, the self-righteousness conferred by belief in a norm can lead to a bargaining impasse.'In confrontations between individuals, codes of honor can produce similar problems. It is in no one's interest to face a colleague over the barrel of a gun because one has made a nasty remark about his latest book, but if the code demands that one fight it out, the challenge must be accepted. (shrink)

This paper discusses the Swiss minaret ban as a threat to equal citizenship rather than a threat to freedom of religion. The main argument of the paper is that cultural differences can threaten the fair value of equal political participation rights as well as socio-economic ones. These differences are morally troubling despite legitimate emphasis on the need for a shared (political) culture. To ensure that the state treats its citizens as equals with regard to cultural differences requires a form of (...) liberal neutrality which consists of two elements. Equal citizenship requires, first, justificatory neutrality in deciding which matters are legitimate concerns for legislation. It requires also—as a second safeguard—institutional arrangements which ensure that in the process of implementing justificatory neutral decisions the interests of all affected citizens receive a fair hearing. This means that the factors which tend to undermine the equal standing of citizens in society should be counteracted. (shrink)

An influential tradition in moral philosophy attempts to explain an immoral action by reference to the defect in reasoning on the part of an immoral agent. On this view, the requirements of morality are not only sanctioned by the more general requirements of rationality, but the violations of the moral requirements would be indicative of a rational failure. In this article I argue that ascription of irrationality to amoral individuals (e.g., psychopaths) is either empirically false, or else, conceptually problematic. An (...) interpretation of irrationality in its instrumental sense fails to do justice to the results of the research concerning the intelligence of some amoralists, whereas the suggestion that the alleged cognitive deficiency lies at the level of final ends and ultimate values faces serious theoretical difficulties. All attempts to construe the notion of an external reason for action without reference to the agent's actual goals and values bespeak an objectivist's bias, rest on controversial assumptions, and tend to alienate the agent from the proposed set of reasons. The argument is partly based on the analysis of reasoning of Ted Bundy, a notorious serial murderer, who presents a rather sophisticated justification for his criminal behavior. (shrink)

I defend traditional aesthetics against sociological criticism. I argue that “historicist” approaches are not supported by arguments and are intrinsically implausible. Hence the traditional ahistorical philosophical approach to the judgment of taste is justified. Many Marxist, feminist and postmodernist writers either eliminate aesthetic value or reduce it to their favourite political value. Others say that they merely want to give a historical explanation of the culturally local phenomenon of thinking in terms of the aesthetic. As a preliminary, I point out (...) that the conception of the aesthetic these theorists operate with is a straw man. In particular, Kant would have rejected it. I then point out that the empirical evidence does not support their historicist views. Most sociological theorists adduce no evidence, thinking their view obviously correct. Where evidence is adduced, the evidence has little connection with their general historicist conclusions. Lastly, I put pressure on the historicist view, first by appealing to the enormity of the error attributed to ordinary people, and second by appealing to the inevitability of pragmatic inconsistency by those who assert the view. I conclude that traditional philosophical aesthetics was right to be ahistorical. (shrink)

This paper interprets the relation between sovereignty and guilt in Nietzsche's Genealogy. I argue that, contrary to received opinion, Nietzsche was not opposed to the moral concept of guilt. I analyse Nietzsche's account of the emergence of the guilty conscience out of a pre-moral bad conscience. Drawing attention to Nietzsche's references to many different forms of conscience and analogizing to his account of punishment, I propose that we distinguish between the enduring and the fluid elements of a ‘conscience’, defining the (...) enduring element as the practice of forming self-conceptions. I show that for Nietzsche, the moralization of the bad conscience results from mixing it with the material concepts of guilt and duty, a process effected by prehistoric religious institutions by way of the concept of god. This moralization furnishes a new conception of oneself as a responsible agent and holds the promise of sovereignty by giving us a freedom unknown to other creatures, but at the price of our becoming subject to moral guilt. According to Nietzsche, however, the very forces that made it possible have spoiled this promise and, under the pressures of the ascetic ideal, a harmful notion of responsibility understood in terms of sin now dominates our lives. Thus, to fully realize our sovereignty, we must liberate ourselves from this sinful conscience. (shrink)

Methodological norms are seen as rules defining a competitive game, and it is argued that rational recognition-seeking scientists can reach a collective agreement about which specific norms serve better their individual interests, especially if the choice is made `under a veil of ignorance', i.e. , before knowing what theory will be proposed by each scientist. Norms for theory assessment are distinguished from norms for theory choice (or inference rules), and it is argued that pursuit of recognition only affects this second (...) type of rule. An inference rule similar to `eliminative induction' is defended on the basis of such a possible agreement. According to this contractarian approach, both the explanation and the justification of scientific norms only need to refer to the preferences of individual scientists, without assuming the existence of `collective' points of view. (shrink)

A variety of robustness objections have been made against evolutionary game theory. One of these objections alleges that the games used in the underlying model are too arbitrary and oversimplified to generate a robust model of interesting prosocial behaviors. In this paper, I argue that the robustness objection can be met. However, in order to do so, we must attend to important conceptual issues regarding the nature of fairness, justice, and other moral concepts. Specifically, we must better understand the relationship (...) between moral concepts and formal characterizations of games. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Is capitalist production unjust? It is easy to think, upon first reading Marx, that he answers this question in the affirmative. And I shall argue that this naive reading is correct. This needs to be argued, however, for a more careful scrutiny of Marx's writings reveals passages in which he seems to call capitalist production just or fair. Relying upon these passages, Robert Tucker and Allen W. Wood have urged that, in Wood's words,it is simply not the case that Marx's (...) condemnation of capitalism rests on some conception of justice, and those who attempt to reconstruct a “Marxian idea of justice” from Marx's manifold charges against capitalism are at best only translating Marx's critique of capitalism, or some aspect of it, into what Marx himself would have consistently regarded as a false, ideological, or “mystified” form.What Marx regarded as false and mystified, however, is not the practice of assessing social institutions as just or unjust, but rather the picture of those institutions, and especially of capitalist production, to be found in bourgeois ideology. (shrink)

Paternalism has generally been thought of as forcible or coercive interference with a person's liberty of action which is justified because it will prevent harm to that person's welfare interests or the like. Opposition to paternalistic interference with adults, whether it involves the intervention of the state or another adult individual, has usually been based on a concern to preserve human autonomy or self-determination. More strictly it is opposition to so-called ‘strong’ paternalism - interventions to protect or benefit a person (...) despite the person's informed voluntary consent to the contrary- which has been grounded on such a commitment to self-determination. ‘Weak’ paternalism involves interference where there is a defect in the decision-making capacities of the person interfered with. It is claimed to be justifiable insofar asconsentto the interference would be forthcoming were these capacities restored. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

Journal of Social Philosophy, Volume 52, Issue 3, Page 344-361, Fall 2021.

In ‘Measuring the Consequences of Rules’, Holly Smith presents two problems involving the indeterminacy of compliance, which she takes to be fatal for all forms of rule-utilitarianism. In this reply, I attempt to dispel both problems.

While many theories of well-being are able to capture some of our central intuitions about well-being, e.g. avoiding alienation worries, they typically do so at the cost of not being able to capture others, e.g. explaining deprivation. However, both of these intuitions are important and any comprehensive theory of well-being ought to attempt to strike the best balance in responding to both concerns. In light of this, I develop and defend a theory of well-being which holds that our well-being depends, (...) in part, on the nature of our well-being qua person, a class whose members are defined by their possessing certain cognitive and volitional capacities including those capacities constitutive of autonomy. I argue that this theory of well-being is able to address concerns about alienation and deprivation, along with capturing the importance of autonomy to well-being, better than many popular subjective and objective theories of well-being. (shrink)

Sustainability has become a major goal of domestic and international development. This essay analyzes the transitions of normative ideas embedded in the notion of sustainability by reviewing the discourses in the representative reports and literature from different periods. Three sets of ideas are proposed: inter- and intra-generational equity, stability of public systems, and a sense of solidarity, which confirms the scope of community and functions as a precondition for the previous two ideas. This essay uses the case of a health (...) system in a hypothetical country to illustrate that, besides securing financial sustainability, a genuinely sustainable public system must also meet the three normative ideas of sustainability. This essay also finds that these three ideas may create intrinsic tensions within the prevalent policy-making model—democracy. The pursuit of sustainability is not only the responsibility of a democratic government, but also a shared moral obligation of the body politic. (shrink)

On one predominant conception of virtue, the virtuous agent is, among other things, wholehearted in doing what she believes best. I challenge this condition of wholeheartedness by making explicit the connections between the emotion of boredom and the states of continence and akrasia. An easily bored person is more susceptible to these forms of disharmony because of two familiar characteristics of boredom. First, that we can be – and often are – bored by what it is that we know would (...) be best to do, and second, that occurrent states of boredom tend to give rise to positive interest in performing actions that we know are bad to perform. Moreover, while a person’s susceptibility to boredom can indicate a lack of attentiveness or acuity, or be evidence of a vice such as ingratitude or shallowness, it can in others indicate positive qualities of character, such as perspicacity, liveliness, and certain forms of intelligence. Upon imagining certain bored akratics without the psychological qualities that give rise to their boredom, we will either imagine them without these positive qualities, or with others that – though perhaps psychologically possible – are not clearly better. This yields the result that a person who is continent or even akratic because of her susceptibility to boredom may have a character no less excellent than that of the wholehearted agent. (shrink)

The piece returns to my earlier challenges of retributivism as the basis of contemporary criminal law, advancing my work on republican political justifications that make central the effect of punishment on citizenship. In short, the justification of punishment should eschew individual retributivist “desert” and focus primarily on the effects of punishment on the entire polity. In particular, this would mean that the effects of mass incarceration would be explicitly a part of justification of punishment. Concretized, members of communities where widespread (...) punishment (incarceration) has damaged collective civic health should explicitly receive discounts on otherwise “retributively justified” punishment. Most obviously, a regime focused on the effect of punishment on civic bonds would explicitly target the vast racial disparities in contemporary punishment regimes, grounding an explicit claim that an African-American or Hispanic defendant from overly punished communities should be punished less and requiring other state resources to secure the safety of the community. While critical, this regime is not solely aimed at racial disparities. This principle would equally address the concentration of punishment in poor, white communities often battered by punishment and policing. Thus, the policy shows a way of building allies across racial lines. (shrink)

Of all the persisting civilizations in the world, Chinese civilization has endured the vicissitudes of history the longest without abrupt collapse. In the formation and development of Chinese civilization, China at some times experienced unity, strength, prosperity, and glory, and at other times experienced disunion, weakness, depression, and even humiliation. In its long continuous history, China has had a peculiar characteristic of recurrence in which an era of political strength and social prosperity would be superseded by an era of political (...) weakness and social chaos, and finally a lively new era would appear to continue the historical cycle. (shrink)

Rawls's recent articulation of his theory of justice in Political Liberalism (1993) carries on the contractarian approach to defining justice, which was first laid out in A Theory of Justice (1971). However, this approach is now characterised as ‘political’, not metaphysical. It is intended to appeal to those who are deeply divided by cultural, religious, and moral beliefs: it is to explain how justice can be stable in a divided society. This ‘political’approach, nevertheless, has narrowed its appeal. Since it relies (...) on the shared ideas in democratic societies, its appeal becomes political and cultural. Morever, this theory's requirement of equal basic liberties for a just society calls for a relatively developed economy and social institutions. It fails to provide guidance to societies that, owing to their lesser development, cannot afford to guarantee the worth of equal basic liberties. The structual insufficiency of Rawls's ‘political’theory explains the failure of his continuing efforts to extend his liberal theory of justice to the international terrain. This essay analyses this insufficiency and the narrow applicability of Rawls's ‘political’theory of justice. (shrink)

Many bioethicists promote and defend the ‘bedside rationing paradigm’; a pertinent example is the recent publication by Morten Magelssen and colleagues, in which they attack my previous criticism in the field. The present response focuses on what I consider to be the main side-effects of the ‘bedside rationing paradigm’: the ignorance towards intentions and societal roles, the crumbling of political practice, and the fiduciary loss in the physician–patient relationship. Further, I claim that these side effects are related to certain underlying (...) presumptions, such as the conception of fairness as equivalent with distributive justice and the belief in the presence of universally valid, context-independent moral principles. These presumptions are characteristics of modernist ethics; thus, the ‘bedside rationing paradigm’ illustrates some fundamental shortcomings of this moral theory. I argue that an ethics of virtue is better suited to the practice of medicine as well as to the rationing dilemmas. (shrink)

Christopher Wellman and some allied scholars argue that a ‘samaritan theory’ can justify state coercion. They also suppose that states may provide robust, social egalitarian welfare provisions for a variety of reasons that would arise within samaritan states. However, the most promising reasons—samaritanism itself, natural socialism, relational equality, and anti-crime paternalism—cannot support robust provision without discarding the strong presumption favoring individual liberty which must motivate the samaritan theory. Consequently, a samaritan state cannot be a robust social welfare state.

It is standard, both in the philosophical literature and in ordinary parlance, to assume that one can fall short of responding to all one’s moral reasons without being irrational. Yet when we turn to epistemic reasons, the situation could not be more different. Most epistemologists take it as axiomatic that for a belief to be rational is for it to be well-supported by epistemic reasons. We find ourselves with a striking asymmetry, then, between the moral and epistemic domains concerning what (...) is taken for granted about whether failures to respond to reasons are failures of rationality. My aim in this paper is to interrogate this asymmetry, and ultimately to argue that the asymmetry is groundless. Instead, I will offer an error theory to explain the asymmetry in intuitions. This error theory suggests that we should amend the conventional wisdom about the relationship between epistemic reasons and rationality. (shrink)

As the trolley problem runs its course, consequentialists tend to adopt one of two strategies: silently take comfort in the fact that deontological rivals face their own enduring difficulties, or appeal to cognitive psychology to discredit the deontological intuitions on which the trolley problem depends. I refer to the first strategy as silent schadenfreude and the second as debunking attack. My aim in this paper is to argue that consequentialists ought to reject both strategies and instead opt for what I (...) call robust advantage. This strategy emphasizes the intricate calculations that consequentialists employ to defend against objections based on friendship and integrity. I argue that these calculations offer consequentialism an explanatory advantage over deontology in the context of the trolley problem. It requires striking a delicate balance between deeply internalized dispositions to avoid causing harm and a context-sensitive ability to prevent disasters; however, empirical data help consequentialism on this front by illustrating that the integration of separate cognitive functions is an ordinary part of human psychology. (shrink)