In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

Though utilitarianism is far from being universally accepted in the philosophical community, it is taken seriously and treated respectfully. Its critics do not dismiss it out of hand; they do not misrepresent it; they do not belittle or disparage its proponents. They allow the theory to be articulated, developed, and defended from criticism, even if they go on to reject the modified versions. Ethical egoism, a longstanding rival of utilitarianism, is treated very differently. It is said to be “refuted” by (...) arguments of a sort that apply equally well to utilitarianism. It is said to be “unprovable,” when many of the greatest utilitarians themselves, such as Jeremy Bentham (1748–1832), John Stuart Mill (1806–1873), and Henry Sidgwick (1838–1900), admitted that no normative ethical theory, including their own, is provable. Critics of ethical egoism seldom discuss the various theoretical moves that utilitarians are routinely allowed to make, such as (1) fighting the facts, (2) transforming the theory from “act utilitarianism” to “rule utilitarianism,” and (3) biting the bullet. This essay argues that every defensive move made by utilitarians can be made, with equal vigor (if not also plausibility), by ethical egoists. The conclusion is that ethical egoism deserves to be taken more seriously than it is. (shrink)

According to a common reading of Thomas Hobbes, fear is the most philosophically important passion, responsible for the founding and sustaining of the commonwealth. I argue that this common reading is incorrect by focusing on the necessary and important role of hope in human action as well as in the founding and sustaining of the commonwealth. Life in the Hobbesian commonwealth, on the reading defended in this paper, is less fearful and more hopeful than scholars have noticed.

Since at least as long ago as Plato’s time, philosophers have considered the possibility that justice is at bottom a system of rules that members of society follow for mutual advantage. Some maintain that justice as mutual advantage is a fatally flawed theory of justice because it is too exclusive. Proponents of a Vulnerability Objection argue that justice as mutual advantage would deny the most vulnerable members of society any of the protections and other benefits of justice. I argue that (...) the Vulnerability Objection presupposes that in a justice-as-mutual-advantage society only those who can and do contribute to the cooperative surplus of benefits that compliance with justice creates are owed any share of these benefits. I argue that justice as mutual advantage need not include such a Contribution Requirement. I show by example that a justice-as-mutual-advantage society can extend the benefits of justice to all its members, including the vulnerable who cannot contribute. I close by arguing that if one does not presuppose a Contribution Requirement, then a justice-as-mutual-advantage society might require its members to extend the benefits of justice to humans that some maintain are not persons (for example, embryos) and to certain nonhuman creatures. I conclude that the real problem for defenders of justice as mutual advantage is that this theory of justice threatens to be too inclusive. (shrink)

I propose to examine here, at the outset, what I call the asymmetry in Thomas Hobbes's thought between his treatment of civil war and war between states, that is to say, between the departure from the state of nature - when that is a condition prevailing between individuals - and the permanency in the state of nature when it forms a condition existing between states. Secondly, I will address the Kantian progression beyond this asymmetry through the dual introduction of the (...) idea of progress and of ‘cosmo-political’ peace. The attention given in recent years by Habermas to the Kantian idea of perpetual peace [Habermas, 1996], the recent events in Kosovo and Chechnya, and their implications for the shape of an international penal tribunal to judge crimes against humanity, invigorate the questions of civil peace and of rights which transcend state frontiers. (shrink)

In their classic analyses, Hobbes and Hume argue that offensively violating a covenant is irrational because the offense ruins one’s reputation. This paper explores conditions under which reputation alone can enforce covenants. The members of a community are modeled as interacting in a Covenant Game repeated over time. Folk theorems are presented that give conditions under which the Humean strategy of performing in covenants only with those who have never offensively violated or performed with an offensive violator characterizes an equilibrium (...) of the repeated Covenant Game. These folk theorems establish that for certain ideal settings Hobbes’ and Hume’s arguments against offensively violating covenants are compelling. However, these ideal settings presuppose that the community has certain mechanisms that generate common knowledge of the identities of those with whom one should perform. I analyze the results of computer simulations of the interactions in a community whose members must rely upon private communication alone. The computer simulation data show that in this community, reputation effects cannot effectively deter members from offensively violating covenants. I conclude that Hobbes’ and Hume’s warnings against offensive violation are compelling only on condition that the community is sufficiently structured to generate common knowledge among its members. I also conclude that even in such structured communities, the Humean strategy is not the uniquely “correct” policy. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

No. South African Journal of Philosophy Vol.26 (2) 2007:228-238.

A familiar question is whether psychological egoism (suitably supplemented with plausible further premises) entails ethical egoism. This paper considers this question, treating it much more thoroughly than do any previous treatments. For instance, it discusses all of the most common understandings of ethical and psychological egoism. It further discusses many strategies and arguments relevant to the question addressed. Although this procedure creates complexity, it has value. It forestalls the suspicion, aroused by so many treatments of this subject, that the results (...) stem largely from leaving stones unturned – for instance, from ignoring many natural argumentative strategies and many familiar understandings of the views discussed. The paper’s conclusion is that psychological egoism (suitably supplemented …) does not entail ethical egoism. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...) contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have (...) other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

El propósito del presente trabajo consiste en explicar por qué Hobbes adopta una perspectiva corporativista para dar cuenta de la dinámica social y política que opera al interior del Leviatán. En concreto, intentaremos demostrar cómo el ordenamiento de la sociedad política en sistemas conducidos por representantes le permite a Hobbes establecer ciertas pautas en el desenvolvimiento de los conflictos públicos, fundamentalmente, la asignación de responsabilidades. A su vez, como hipótesis subsidiaria, argüiremos que el rol de la teoría de la representación (...) es central en la medida en que Hobbes no pretende eliminar la disputa política como tal, sino tan sólo deshacerse de su modalidad irregular. (shrink)

The current philosophical debate on just international trade has moved away from purely idealistic theorizing into the direction of non-ideal theory. At the same time most philosophical thought on just trade is still rather idealistic and the main argument of the paper is that some philosophical reasoning about international trade justice should be more realistic. The paper develops in three steps. In a first step I will give a short overview over normative questions that arise with respect to international trade. (...) I will then highlight a proposal brought forward by Leif Wenar, because he is aware of the realist challenge and tries to counter it. In a second step I will discuss why it is important to integrate a realist perspective into philosophical considerations of international trade justice. Trade agreements are embedded in political contexts that influence the normative perspective one should take on trade justice. This leads to the third part of the article, where I will explore how a realist approach can go along with more idealistic perspectives, which leads to a weakly realist perspective on trade justice. (shrink)

El objetivo de este artículo es realizar una revisión del estado de la cuestión sobre el concepto de estado de naturaleza en el pensamiento de Thomas Hobbes. Dicha revisión permite articular una comprensión de la naturaleza humana, puesto que a diferencia del realismo político el estado de naturaleza en Hobbes no tiene un rol meramente hipotético. Precisamente, la idea de naturaleza humana articula una proto-moralidad que permite comprender la transición hacia el estado civil. Las investigaciones Kavka, Gauthier y Hampton han (...) construido una compleja compresión de la naturaleza humana, la cual permite entender cierto sustrato de proto-moralidad en el pensamiento hobbesiano. (shrink)

In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...) to the state of nature. I argue that McClennen’s full cooperators are best described as reasonable agents whose rationality is constrained by moral considerations and that McClennen’s bargaining theory is moralized in this regard. If, by contrast, the orthodox concept of rationality is assumed and plausible assumptions are made about human nature and social cooperation, then a modified version of the standard Nash bargaining solution, which I call the stabilized Nash bargaining solution (Moehler 2010), is justified. From the perspective of rational agents, the stabilized Nash bargaining solution can accommodate McClennen’s criticisms of the standard Nash bargaining solution in the context of the social contract and, for such agents, it can serve as a principle of distributive justice in deeply morally pluralistic societies. (shrink)

Egoism can be a descriptive or a normative position. Psychological egoism, the most famous descriptive position, claims that each person has but one ultimate aim: her own welfare. Normative forms of egoism make claims about what one ought to do, rather than describe what one does do. Ethical egoism claims that it is necessary and sufficient for an action to be morally right that it maximize one's self-interest. Rational egoism claims that it is necessary and sufficient for an action to (...) be rational that it maximize one's self-interest. (shrink)