The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

This paper offers a partial defence of the Epicurean claim that death is not bad for the one who dies. Unlike Epicurus and his present-day advocates, this defence relies not on a hedonistic or empiricist conception of value but on the concept of ‘existential’ value. Existential value is agent-relative value for which it is constitutive that it can be truly self-ascribed in the first person and present tense. From this definition, it follows that death (post-mortem non-existence), while perhaps bad in (...) some respects, cannot be an existential harm for the one who dies. This paper argues that existential goods are central to any explanation of why life appears good to us from a self-interested perspective, which means that death is not bad in the very respect in which life is most saliently good (from that perspective). A corresponding error theory shows why this truth is easily overlooked and explains why we tend to think that death is significantly worse than it really is. (shrink)

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

The distinction between agent-relative reasons and agent-neutral reasons is philosophically important, but there is no consensus on how to understand the distinction exactly. In this paper, I discuss several interpretations of the distinction that can be found in the literature: the Motivational Interpretation, the Scope Interpretation, and the Goal Interpretation, and argue that none of these interpretations is entirely convincing. I propose a novel interpretation of the distinction, which I call the Normative Force Interpretation, according to which the distinction between (...) agent-relative reasons and agent-neutral reasons concerns the normative force that these reasons can have for agents. (shrink)

This paper argues that there was considerably more philosophy of action in moral theory before 1958 (when Anscombe complained of its lack under the banner 'philosophy of psychology') than there has been since. This is in part because Anscombe influenced the formation of 'virtue theory' as yet another position within normative ethics, and her work contributed to the fashioning of 'moral psychology' as an altogether distinct (and now increasingly empirical) branch of moral philosophy.

Empirical studies have suggested that language-capable robots have the persuasive power to shape the shared moral norms based on how they respond to human norm violations. This persuasive power presents cause for concern, but also the opportunity to persuade humans to cultivate their own moral development. We argue that a truly socially integrated and morally competent robot must be willing to communicate its objection to humans’ proposed violations of shared norms by using strategies such as blame-laden rebukes, even if doing (...) so may violate other standing norms, such as politeness. By drawing on Confucian ethics, we argue that a robot’s ability to employ blame-laden moral rebukes to respond to unethical human requests is crucial for cultivating a flourishing “moral ecology” of human–robot interaction. Such positive moral ecology allows human teammates to develop their own moral reflection skills and grow their own virtues. Furthermore, this ability can and should be considered as one criterion for assessing artificial moral agency. Finally, this paper discusses potential implications of the Confucian theories for designing socially integrated and morally competent robots. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

Argues for the role of personal acquaintance in both love and concern for individuals, as such. The challenge is to say what personal acquaintance is and why it matters in the way it does. These questions are addressed through the work of Emmanuel Levinas. Topics include: the ethics of aggregation, the basis of moral standing, and the value of human life.

Other wills: the second-person in ethics. . ???aop.label???. doi: 10.1080/13869795.2014.941907.

This chapter offers a concise discussion of classic utilitarianism which is the prototypical moral doctrine of the utilitarian family. It starts with an analysis of the classic utilitarian criterion of rightness, gives an overview over its virtues and vices, and suggests an overall assessment of its adequacy as a theory of morality. Furthermore, it briefly discusses whether classic utilitarianism holds promise as a philosophy for doing business.

I reconstruct Bernard Williams’ integrity-based critique of Act-Utilitarianism (AU). I contend that Williams presents a compelling argument against AU, but the argument does not generalize to all impartial moral theories. I argue that Williams’ conception of personal integrity as the pursuit of one’s projects presents a strong objection to AU and it reveals the importance of widening the scope of morality to include considerations of partial inter-personal relations. I also contend that Williams’ conception of integrity can withstand the scrutiny brought (...) upon it by the self-indulgence objection. However, defenders of his conception of integrity must admit that personal integrity does place one in the danger of having evil projects. (shrink)

A quasi-sequel to "Epistemic Teleology and the Separateness of Propositions." Covers some of the same ground, but also extends the basic argument in an important way.

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling third party (...) threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion. (shrink)

Constitutivism is the view that it is possible to derive contentful, normatively binding demands of practical reason and morality from the constitutive features of agency. Whereas much of the debate has focused on the constitutivist's ability to derive content, David Enoch has challenged her ability to generate normativity. Even if one can derive content from the constitutive aims of agency, one could simply demur: ?Bah! Agency, shmagency?. The ?Why be moral?? question would be replaced by the ?Why be an agent?? (...) question. It is the aim of this paper to show that the shmagency objection is essentially correct, though not as originally defended by Enoch. Since Enoch posed his argument as ruling out the normative authority of agency under any conception of the constitutive features of agency, constitutivists have responded by arguing for the inescapability of certain minimal features of agency. I argue that this amounts to equivocation: the constitutivist appeals to a minimal conception of agency in answering the normative question but to a richer understanding in answering the content question. The key to the shmagency objection, as I shall defend it, is to insist that the same sense of agency must be employed in answering both questions. A shmagent can concede that there may be inescapable ways of understanding agency, but insist that any such understanding would have to be too minimal to generate substantive content. (shrink)

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

In recent years the distinction between agent-relative and agent-neutral reasons has been taken by many to play a key role in distinguishing deontology from consequentialism. It is central to all universalist consequentialist theories that value is determined impersonally; the real value of any state of affairs does not depend on the point of view of the agent. No reference, therefore, to the agent or to his or her position in the world need enter into a consequentialist understanding of what makes (...) an action right or wrong or morally permissible. Consequentialism thus provides an agent-neutral account of both the right and the good. (shrink)

An influential view, defended by Thomas Scanlon and others, holds that desires are almost never reasons. I seek to resist this view and show that someone who desires something does thereby have a reason to satisfy her desire. To show this, I argue, first, that the desires of some others are reasons for us and, second, that our own desires are no less reason-giving than those of others. In concluding, I emphasize that accepting my view does not commit one to (...) a desire-based account of reasons. Desires can be simply one kind of reasons alongside many others. (shrink)

Something out of the ordinary -- The interminable Shakespearean text -- Fred Astaire asserts the right to praise -- Henry James returns to America and to Shakespeare -- Philosophy the day after tomorrow -- What is the scandal of skepticism? -- Performative and passionate utterance -- The Wittgensteinian event -- Thoreau thinks of ponds, Heidegger of rivers -- The world as things.

-- Immanuel Kant (Kant 1990, p. 46/429) The idea that our most basic duty is to treat each other with respect is one of the Enlightenment’s greatest legacies and Kant is often thought to be one of its most powerful defenders. If Kant’s project were successful then the lofty notion that humanity is always worthy of respect would be vindicated by pure practical reason. Further, this way of defending the ideal is supposed to reflect our autonomy, insofar as it is (...) always one’s own reason that demands that one treat humanity with respect. In this article, I consider what I take to be one of the most important and compelling attempts to defend the Kantian project. I draw the disappointing conclusion that this attempt does not succeed. The reasons this attempt fails shed some light on the difficulties facing any attempt to defend the Kantian project. (shrink)

Despite broad agreement that the vulnerable have a claim to special protection, defining vulnerable persons or populations has proved more difficult than we would like. This is a theoretical as well as a practical problem, as it hinders both convincing justifications for this claim and the practical application of required protections. In this paper, I review consent-based, harm-based, and comprehensive definitions of vulnerability in healthcare and research with human subjects. Although current definitions are subject to critique, their underlying assumptions may (...) be complementary. I propose that we should define vulnerability in research and healthcare as an identifiably increased likelihood of incurring additional or greater wrong. In order to identify the vulnerable, as well as the type of protection that they need, this definition requires that we start from the sorts of wrongs likely to occur and from identifiable increments in the likelihood, or to the likely degree, that these wrongs will occur. It is limited but appropriately so, as it only applies to special protection, not to any protection to which we have a valid claim. Using this definition would clarify that the normative force of claims for special protection does not rest with vulnerability itself, but with pre-existing claims when these are more likely to be denied. Such a clarification could help those who carry responsibility for the protection of vulnerable populations, such as Institutional Review Boards, to define the sort of protection required in a more targeted and effective manner. (shrink)

Does the real difference between non-consequentialist and consequentialist theories lie in their approach to value? Non-consequentialist theories are thought either to allow a different kind of value (namely, agent-relative value) or to advocate a different response to value ('honouring' rather than 'promoting'). One objection to this idea implies that all normative theories are describable as consequentialist. But then the distinction between honouring and promoting collapses into the distinction between relative and neutral value. A proper description of non-consequentialist theories can only (...) be achieved by including a distinction between temporal relativity and neutrality in addition to the distinction between agent-relativity and agent-neutrality. (shrink)

My concern here is to motivate some theses in the philosophy of mind concerning the interpersonal character of intentions. I will do so by investigating aspects of shared agency. The main point will be that when acting together with others one must be able to act directly on the intention of another or others in a way that is relevantly similar to the manner in which an agent acts on his or her own intentions. What exactly this means will become (...) clearer once we understand what it is to act directly on one’s own intentions. But I take it to be a fundamental assumption of the prevailing individualism of the theory of action— one at the core of its conception of the separateness of individuals— that one person cannot act directly on another’s intention. I agree that there is an important way in which we are or can be separate and autonomous thinkers and agents. But the way the individualist tries to capture this separateness is misguided. (shrink)

In Anarchy, State, and Utopia, Robert Nozick made the argument that income redistribution violates the Kantian categorical imperative. Nozick’s retrospective enslavement argument is still used today in discussions about the moral justification of taxation. This article explicates four implicit premises of Nozick’s argument: the self-ownership principle, its fullness, the absence of restrictions on the appropriation of natural resources, and the absence of restrictions on the distribution of the fruits of cooperation. Without additional justification for each of these premises, Nozick’s argument (...) cannot show that income redistribution violates the categorical imperative. (shrink)

Nowadays businesses are often expected to create not just financial, but multiple kinds of value—and they report on this using numbers and narratives. Multiple-value accounting narratives, such as those required by the Integrated Reporting framework, are often met with suspicion: accounting scholars have argued that inconsistencies between narratives and performances show that narratives are used for impression management rather than to accurately report the (ir)responsible behavior of companies. This paper proposes to assess narratives beyond inconsistencies with reported performances. Starting from (...) the idea that performances are delivered in response to the kinds of value in the situation of the company, we argue that narratives and performances should be analyzed together as interrelated elements and considered in relation to the kinds of value in the situation. The paper transforms the common consequentialist view on which value should be “increased,” into the value pluralist view that something being of value can require many different performances such as for example respecting, maximizing, admiring, maintaining, using, and bringing it about. From this perspective, multiple-value accounting narratives logically precede the reporting of performances and should identify the kinds of value in the situation to which the company ought to respond, which performances are required by these kinds of value, and which indicators and targets should be used to report on these performances. A brief analysis of the annual report of Unilever illustrates how such metaethical criteria can help assess and develop multiple-value accounting narratives. (shrink)

ABSTRACT Some fear the Anthropocene heralds the end of nature, while others argue that nature will persist throughout the Anthropocene. Still others worry that acknowledging the Anthropocene grants humanity broad license to further inject itself into nature. We propose that this debate rests on a conflation between naturalness and wildness. Where naturalness is best understood as fundamentally a metaphysical category, wildness can be better understood as an inter-relational category. The raccoons in cities, the deer in suburban yards, the coyotes hunting (...) cats and dogs: these all return wildness, where naturalness may have been lost. (shrink)

In this article I follow James Gordon Finlayson who claims that a Hegelian criticism applies both to Kant and also to Habermas, namely, the criticism of the will as a tester of maxims. The issue is that Kant cannot connect the will of morality and the will of the particular agent and this leaves the empirical will unaffected. According to Finlayson, Habermas can be charged with this criticism, insofar as he draws a distinction between agent-neutral and agent-relative reasons. The upshot (...) is that in Discourse Ethics the empirical will seems to be left also unaffected by the moral will. In light of an analysis of ideal role taking, and rational discourse, I claim that Habermas can rebut the Hegelian criticism. Nonetheless, I show that these concepts are incompatible with the distinction between agent-relative and agent-neutral reasons. Hence, either the concepts or the distinction have to be removed. Habermas can only afford to discard the distinction, and indeed this modification answers the criticism. The... (shrink)

This thesis defends a novel interpretation of the normative foundations of Hegel’s mature social and political philosophy. It argues that autonomous agency is grounded in a drive to comprehend ourselves, which gives us an aim to which we are inescapably committed as agents. It argues that this aim ultimately makes it rational to cultivate and act out of a feeling of “ethical love”, which is a positive evaluative attitude towards the goods of other individuals that, in turn, implies a commitment (...) to the social and political institutions Hegel outlines in his theory of Sittlichkeit, or ethical life. Ethical love is the ultimate way in which individuals make themselves comprehensible to themselves; ethical life is the way in which they express that love. It is for this reason that acting autonomously ultimately requires participating in such institutions. I suggest that this interpretation avoids some of the shortcomings of alternative approaches to this matter. Chapter 1 introduces the notion of autonomous agency as underpinned by a drive towards self-comprehension. In chapter 2, I argue that this drive operates both with respect to our individual identities and developmentally, over time, in that agents characterised by this drive are led ultimately to conceive of themselves as “persons”, in Hegel’s technical sense: as agents who are rationally compelled to recognise others. In chapters 3 and 4, I show that there is a tension between these two aspects of our identities, and that Hegel’s theory of objective mind is effectively the working out of this tension. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

In this paper, I engage with the original criticism of utilitarianism that Philippa Foot offers in her work on moral philosophy. I show that her discussion of this normative ethical theory was one of the reasons that the British philosopher again took up the notion of practical rationality in the last part of her work, especially in her discussion of utilitarianism and the obligation of promises in her 2001 book,Natural Goodness.

This paper claims that deontological and consequentialist ethics are best distinguished with reference to different assumptions concerning moral accountability and accounting. Deontological ethics can thereby be defended against the accusation of inordinate concern with the moral purity of agents. Moreover, deontological ethics can and should reject being based on the concept of agent-relative value. Even under the assumption that deontological ethics can be consequentialized, agent-relative value need not play a fundamental role. This is not the same as denying agent-relativity a (...) key role in deontological ethics. Deontological moral accounting of universal value should be regarded as agent-relative, whereas consequentialist accounting assumes a shared moral account of all moral agents. (shrink)

Wonder’s significance is a recurrent theme in the history of philosophy. In the Theaetetus, Plato’s Socrates claims that philosophy begins in wonder (thaumazein). Aristotle echoes these sentiments in his Metaphysics; it is wonder and astonishment that first led us to philosophize. Philosophers from the Ancients through Wittgenstein discuss wonder, yet scant recent attention has been given to developing a general systematic account of emotional wonder. I develop an account of emotional wonder and defend its connection with apparent or seeming value. (...) Recently, several philosophers invoke wonder to back non-eudaimonistic value judgments. I introduce methods to incorporate these judgments into a eudaimonistic moral framework. On the analysis presented, wonder requires its object to seem valuable, but whether the object is in fact valuable remains an open question. Wonder enraptures us with objects that might be of true or merely illusory value, grounded either in our own well-being or in non-eudaimonistic value. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

Objective: Contemporary ethical accounts of the patient-provider relationship emphasise respect for patient autonomy and shared decision making. We sought to examine the relative influence of involvement in decisions, confidence and trust in providers, and treatment with respect and dignity on patients’ evaluations of their hospital care.Design: Cross-sectional survey.Setting: Fifty one hospitals in Massachusetts.Participants: Stratified random sample of adults discharged from a medical, surgical, or maternity hospitalisation between January and March, 1998. Twelve thousand six hundred and eighty survey recipients responded.Main outcome (...) measure: Respondent would definitely be willing to recommend the hospital to family and friends.Results: In a logistic regression analysis, treatment with respect and dignity 3.4, 99% confidence interval 2.8 to 4.2) and confidence and trust in providers were more strongly associated with willingness to recommend than having enough involvement in decisions . Courtesy and availability of staff , continuity and transition , attention to physical comfort , and coordination of care were also significantly associated with willingness to recommend.Conclusions: Confidence and trust in providers and treatment with respect and dignity are more closely associated with patients’ overall evaluations of their hospitals than adequate involvement in decisions. These findings challenge a narrow emphasis on patient autonomy and shared decision making, while arguing for increased attention to trust and respect in ethical models of health care. (shrink)

This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions that reparations can (...) make to transitional societies. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

The present paper constitutes a critique of David Alm’s article “Punishment, Consent and Value”, in which it is argued that the consensual theory of punishment defended by C. S. Nino is false. Whilst Alm believes that this theory is grounded on an inadequate model of normative relations, here I will defend the hypothesis that such an assessment derives from an insufficient conception of human value and respect.

This article seeks to diagnose a serious defect in a highly influential supposed counterexample to utilitarianism: Bernard Williams's case of Jim and the Indians. Discussing this, Williams argues that, according to utilitarianism, it is obviously right to say that Jim should kill an Indian. But as this is not obviously right, Williams takes the example to furnish a forceful counterexample to utilitarianism. I note here that the force of the supposed counterexample is in fact very doubtful as the utilitarian can (...) readily enough explain the non-obviousness of the claim that Jim should kill with reference to the non-obviousness of utilitarianism itself. Correspondence:c1 [email protected]. (shrink)

It is widely believed by philosophers that we human beings are capable of stepping back from inclinations to act in a certain way and consider whether we should do so. If we judge that there are enough reasons in favour of following our initial inclination, we are definitely motivated, and, if all goes well, we act. This view of human agency naturally leads to the idea that our actions are self-determined, or controlled by ourselves. Some go one step further to (...) the point of saying that we should extend the fundamental aspects of this view of human agency to the epistemic realm. This we call ‘the control-view”. Here we will make a strong case against the control-view. While we have a substantial control over our practical lives, it is very unlikely that this extends to our epistemic lives. Our discussion will proceed in three stages. We will present two asymmetries between our practical and epistemic lives which are followed by a general argument against the control-view. (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...) should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

Discussions about the evolution of human social cognition usually portray the social environment of early hominins as highly hierarchical and violent. In this evolutionary narrative, our propensity for violence was overcome in our lineage by an increase in our intellectual capacities. However, I will argue in this article that we are at least equally justified in believing that our early hominin ancestors were less aggressive and hierarchical than is suggested in these models. This view is consistent with the available comparative (...) and palaeoanthropological evidence. I will show that this alternative model not only does not support long-held views of human origins, but also has important consequences for debates about the evolution of our capacity for normative guidance. _1_ Introduction _2_ Philosophical Motivation _3_ The Puzzle of Hominin Evolution _4_ The Mosaic Hypothesis _5_ Evidence for the Model _6_ Palaeoanthropological Support _7_ Philosophical Consequences. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

A growing literature documents the existence of individuals who make a living by participating in phase I clinical trials for money. Several scholars have noted that the concerns about risks, consent, and exploitation raised by this phenomenon apply to many (other) jobs, too, and therefore proposed improving subject protections by regulating phase I trial participation as work. This article contributes to the debate over this proposal by exploring a largely neglected worry. Unlike most (other) workers, subjects are not paid to (...) produce or achieve anything but to have things done to them. I argue that this passivity is problematic for reasons of distributive justice. Specifically, it fails to enable subjects to realize what Gheaus and Herzog call “the goods of work”—a failure not offset by adequate opportunities to realize these goods outside of the research context. I also consider whether granting subjects worker-type protections would accommodate this concern. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

Commonsense morality seems to feature both agent-neutral and agent-relative elements. For a long time, the core debate between consequentialists and deontologists was which of these features should take centerstage. With the introduction of the consequentializing project and agent-relative value, however, agent-neutrality has been left behind. While I likewise favor an agent-relative view, agent-neutral views capture important features of commonsense morality.This article investigates whether an agent-relative view can maintain what is attractive about typical agent-neutral views. In particular, I argue that the (...) agent-relative reasons-wielding deontologist is ultimately able to capture those features ordinarily associated with agent-neutral views, while the agent-relative value wielding consequentialist is left with a dilemma. The consequentializer either succumbs to the concerns of her agent-neutral opponents or else abandons the distinctive and attractive features of her view. Either way, I conclude that agent-relative value is best left behind. (shrink)