This case study analyzes precarious employment from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of historical conditions and (...) (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

This essay examines sections relevant to libertarianism in Will Kymlicka’s Contemporary Political Philosophy: An Introduction (2nd ed.), making and explaining the following criticisms. Kymlicka’s “preface” misconstrues political philosophy’s progress, purpose, and its relation to libertarianism. In his “introduction”, his “project” mistakes libertarianism as “right-wing”, justice as compromise among “existing theories”, and equality as the “ultimate value.” His “a note on method” in effect takes as axioms, beyond philosophical examination, various alleged desiderata and the necessary moral role of the state. Moreover, (...) his “ultimate test” being “our considered convictions” amounts to a conservative and illogical justificationism at odds with radical and coherent critical rationalism. Kymlicka’s chapter on “libertarianism” mistakes it as, inherently and unavoidably, free-marketist, anti-consequentialist, deontological, Nozickian, requiring “a foundational moral premiss, without objective content, unmaximisable, indistinguishable from license, equality-based, anti-anarchist, “self-defeating”, indefensibly “unfair”, impractically “philosophical”, and without influence. A different version of libertarianism easily withstands all Kymlicka’s antipathetic criticisms. (shrink)

Recent work in moral theory has seen the refinement of theories of moral standing, which increasingly recognize a position of intermediate standing between fully self-conscious entities and those which are merely conscious. Among the most sophisticated concepts now used to denote such intermediate standing is that of primitive self-consciousness, which has been used to more precisely elucidate the moral standing of human newborns. New research into the structure of the avian brain offers a revised view of the cognitive abilities of (...) birds. When this research is approached with a species-specific focus, it appears likely that one familiar species, the chicken (Gallus gallus domesticus), also exhibits primitive self-consciousness. Given the likelihood that they are primitively self-consciousness, chickens warrant a degree of moral standing that falls short of that enjoyed by persons, but which exceeds the minimal standing of merely conscious entities. (shrink)

Here is a sketch of a genealogy of political theory for the last century. This is a genealogy in Nietzsche’s sense: therefore, neither unhistorical taxonomy, nor a history of political theory as it is written by historians, but a typology in time. Four types of modern political theory are distinguished. These are called, with some justification, positive, normative, third way and sceptical political theory. Seen from the vantage of the twenty-first century, they form an instructive sequence, emerging as a series (...) of reactions to the canonical political theory that was established in the universities in the late nineteenth century. None of the four should be excluded from our conception of what political theory has been, though most of them, when seen genealogically, reveal their defects more clearly than they do when treated purely theoretically. Since this is a sceptical finding, the genealogy is a polemic against the first three types of modern political theory in favour of the last. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Supposing that an African metaphysics grounded on the notion and/or value of vitality is true, can it do a better job in terms of informing an African religious ethics than its Western counterparts, specifically, the Divine Command theory (DCT)? By ‘religious ethics’, in this article, I have in a mind a meta-ethical theory i.e., an account of moral properties whether they are best understood in spiritual rather than physical terms. In this article, I articulate an under-explored African meta-ethical theory grounded (...) on vitality, and I argue that the Euthyphro problem is not a successful objection against it like it is usually thought to be for DCT. This relative advantage of the vitalist meta-ethics does not necessarily render it plausible, but it gives us some ground to seriously consider the future of African religious ethics grounded on it. (shrink)

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) sometimes outweigh claims to property. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

Some theorists have argued recently that Berlinian value pluralism points not to liberalism, as Berlin supposed, but, in effect, to some form of communitarianism. To what extent is this true, and, to the extent that it is true, what kind of communitarianism fits best with the pluralist outlook? I argue that pluralists should acknowledge community as an important source of value and as a substantial value in itself, but they should also be prepared to question traditions and to respect values (...) other than community. In particular, pluralism points to personal autonomy as playing a special role when we must choose among incommensurable goods in conflict. Consequently, the pluralist outlook is at odds with conservative communitarianisms that tend to place existing traditions beyond question, and with radical variants of communitarianism, such as Marxism and classical anarchism, which look forward to future communities in which the need to cope with hard public choices has largely been eliminated. Rather, Berlinian pluralism fits best with a liberal or moderate kind of communitarianism that balances community with other goods, especially personal autonomy. (shrink)

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (shrink)

While Nozick and his sympathizers assume there is a widespread anti-hedonist intuition to prefer reality to an experience machine, hedonists have marshalled empirical evidence that shows such an assumption to be unfounded. Results of several experience machine variants indicate there is no widespread anti-hedonist intuition. From these findings, hedonists claim Nozick's argument fails as an objection to hedonism. This article suggests the argument surrounding experience machines has been misconceived. Rather than eliciting intuitions about what is prudentially valuable, these intuitive judgements (...) are instead calculations about prudential pay-offs and trade-offs. This position can help explain the divergence of intuitions people have about experience machines. (shrink)

The article revisits two basic questions of political theory posed by Jon Elster. First, should the political process be defined as private or public, and second, should its purpose be understood instrumentally or intrinsically? Having posed these questions, Elster arrives at three views of politics: social choice , republican and discourse theory . I argue for a fourth view , and explain Elster's omission of this model by referring to his underlying paradigm of politics, that is, as will formation. The (...) main thesis in Elster's article is about whether the process of will formation should be relegated to the market mechanism or dealt with via deliberative forums. I reject this paradigm and argue instead for politics as jurisdiction. This notion of politics is concerned with the question of how both market and forum processes of will formation should be institutionalized. Defining politics as jurisdiction strongly improves the plausibility of the missing fourth model of democratic will formation, as a depiction of democratic will formation as private in its process and intrinsic in its purpose illustrates the importance of distinguishing between two levels of democracy: namely, the civil level of will formation and the political level of jurisdiction. (shrink)

G.A. Cohen has produced an influential criticism of libertarian‐ism that posits joint ownership of everything in the world other than labor, with each joint owner having a veto right over any potential use of the world. According to Cohen, in that world rationality would require that wealth be divided equally, with no differential accorded to talent, ability, or effort. A closer examination shows that Cohen's argument rests on two central errors of reasoning and does not support his egalitarian conclusions, even (...) granting his assumption of joint ownership. That assumption was rejected by Locke, Pufendorf and other writers on property for reasons that Cohen does not rebut. (shrink)

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

While animal rights have been a central topic within moral philosophy since the 1970s, it has remained virtually invisible within political philosophy. This article explores two key reasons for the difficulties in locating animals within political philosophy. First, even if animals are seen as having intrinsic moral status, they are often seen as ultimately distant others or strangers, beyond the bounds of human society. Insofar as political philosophy focuses on the governing of a shared social life, animals are seen as (...) falling outside its remit. Second, even if animals are recognized as members of society, they are seen as lacking the capacities or competences said to be essential for politics, and for membership in the demos. We challenge both assumptions. Many animals live and work alongside us, within an interspecies society, and all members of society should have the right to shape decisions about how that society is governed. An interspecies society requires interspecies politics. (shrink)

In recent years feminist philosophers have criticized mainstream liberal theory for ignoring issues of justice within the gender structured family and for failing to see how male privilege in this sphere works to deny women equality in economic and political life. Some argue that the source of this failure is liberalism's commitment to the distinction between domestic and public life, and the idea that the family is inherently a private institution to which standards of justice do not apply. In Political (...) Liberalism Rawls briefly acknowledges these concerns, andreassures his readers that within his theoretical framework 'the alleged difficulties in discussing problems of gender and the family can be overcome. To satisfy these critics Rawls would have to respond to Susan Okin's Justice, Gender, and the Family, which carefully examines both the shortcomings and feminist potential of his earlier writings. In Political Liberalism he does not. After his passing remark in the book's introduction, Rawls has nothing more to say on the subject. He assumes 'that in some form the family is just,' and focuses on the traditional issues of liberal political theory in the hope that this approach will 'at least provide guidelines for addressing further questions'. (shrink)

ABSTRACTHow do different forms of education contribute to value preferences? Clearly, informal education through personal experiences that shape one’s sense of identity and frame cultural expectations and opportunities, non-formal education through religious traditions and formal state-mandated education all contribute to value preferences in culturally-specific ways. However, wisdom should allow people to coordinate culturally-specific education in ways that promote prosocial values. Our study considered the relative strength of four value-orientations from Schwartz’s Personal Values Questionnaire and of 15 core virtues among 189 (...) participants from Canada and South Korea; half were older and half younger adults. 101 were emerging adults and 88 were retired older adults. Multivariate regression analyses show that, although all three forms of education influenced value orientation in culture-specific ways in both Canada and South Korea, formal education was critical to cultivating the wisdom needed to coordinate and adjudicate between different values so as to live well. (shrink)

This paper seeks to answer the following question: does it still make sense today to speak of political emancipation, in particular in the sense bequeathed to us by Marx, as emancipation from capitalism? I consider three serious objections to this possibility: the objection that reference to “capitalism” is unduly essentialist in view of the multiplicity of historical situations; the anti-utopian objection according to which the programme of emancipation from capitalism lacks any precise, practical content; and the normative objection that emancipation (...) in and of itself does not specify the norms of the putative post-capitalist society. In the final section of the paper, I attempt to respond to these three objections, and seek to outline the different levels at which something like an emancipatory project, understood as a surpassing of capitalism, can still make sense today. (shrink)

Rawls's burdens of judgment are a list of factors that explain why reasonable persons in a diverse society are likely to hold different, often incompatible, conceptions of the good. According to Charles Larmore, the burdens of judgment satisfy political liberalism's ambition of supporting liberal political principles through a minimalist moral conception. By using the burdens, we ground liberal politics in the modest notion of reasonable disagreement, avoiding reliance on controversial comprehensive notions such as autonomy, individuality, skepticism about the good, or (...) value pluralism. In this paper I argue that the burdens of judgment cannot provide adequate support for liberal political principles unless they are read in a way that comports with Kymlicka's modest version of autonomy liberalism. As it renounces fallibilism, political liberalism's moral minimalism can be manipulated in a way that reconciles it with decidedly illiberal results. The only way to avoid this problem is to recognize that the justification of liberal principles cannot be detached from notions of fallibilism and critical reflection about the good. Ultimately, political liberalism's emphasis on moral minimalism deprives it of the conceptual resources it needs to deal with contemporary controversies concerning the defence and clarification of liberal policies. (shrink)

As the number of intrinsically unknowable technologically produced risks global society faces continues to grow, it is evident that the question of our responsibilities towards future people is of urgent importance. However, the concepts with which this question is generally approached are, it is argued, deficient in comprehending the nature of these risks. In particular, the individualistic language of rights presents severe difficulties. An alternative understanding of responsibility is required, which, it is argued, can be developed from phenomenological and feminist (...) concepts of care. Such concepts privilege an understanding of human beings that is primarily relational rather than individualistic, and show that responsibility is, in the first place, about connection rather than respecting separation. Care, by opening up for us an understanding of the diversity of values that are constitutive of a worthwhile life, also connects us to the future as the future of care. As such, it provides us with ethical resources that can guide us in the face of uncertainty, including general principles of action and the desire for institutions that can articulate them. (shrink)

Schools often aim at creating opportunities for good life and at promoting a good society. Liberal theorization on schooling is premised on a functioning liberal democracy with a capitalist economy. However, postcolonial societies are characterized by poverty and inequality, cultural diversity, and an ongoing project of state and nation building. This challenges some of the foundational assumptions of liberal conceptions of schooling aimed at promoting good life and good society in postcolonial societies. Realization of good life through schools is shaped (...) both by shaping of ‘consciousness, identities, and desires’ [Bernstein (2000, Pedagogy, symbolic control, and identity: Theory, research, critique, Lanhan, MD: Rowman & Littlefield)] and through imparting knowledge and skills that help realize these desires in particular contexts. These schooling practices have different influences on opportunities for good life in short, medium, and long terms in these societies. A conceptual model of schooling that addresses these complexities is key to understanding the processes that influence the opportunities for a pursuit of good life through schooling in postcolonial societies. Such a model could draw upon the existing theories of liberal schooling but would have to adapt them to respond to the contexts of postcolonial societies. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, I (...) will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant to approaches rooted in Hegel. In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about (...) mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense. (shrink)

ABSTRACTThis paper discusses soldiers’ moral responsibility in today’s complex conflicts. The point of departure is the increased focus on soldiers as moral decision-makers in war, illustrated by the introduction of core values in the Norwegian Armed Forces. Responsibility is one of these core values, but it is not clear exactly how we should understand responsibility. I use a case where a group of Norwegian soldiers in the International Security Assistance Force sought the cooperation of a group of mujahedeen to solve (...) the military mission of establishing security. As confidence between the parties grew, the soldiers became horrified witnesses to a practice of bacha bazi, where a young boy is dressed up for entertainment and sexual abuse. This situation gives reason to question the limits of role responsibility, the status of soldiers’ legitimacy, and the challenges of making morally sound judgments in a multicultural context. The discussion demonstrates that, even if there are restrictions on the... (shrink)

The predominant influences on health are social or upstream factors. Poverty, inadequate education, insecure and toxic environments, and inferior opportunities for jobs and positions are inequitable disadvantages that adversely affect health across the globe. Many causal pathways are yet to be understood. However, elimination of these social inequalities is a moral imperative of the first order. Some physicians by word and deed argue that medical doctors should oppose the “structural violence” of social inequalities that greatly shorten lives and wreak so (...) much suffering. (shrink)

The justification for advance directives is grounded in the notion that they extend patient autonomy into future states of incompetency through patient participation in decision making about end-of-life care. Four objections challenge the necessity and sufficiency of individual autonomy, perceived to be a defining feature of liberal philosophical theory, as a basis of advance care planning. These objections are that the liberal concept of autonomy (i) implies a misconception of the individual self, (ii) entails the denial of values of social (...) justice, (iii) does not account for justifiable acts of paternalism, and (iv) does not account for the importance of personal relationships in the advance care planning process. The last objection is especially pertinent in light of recent empirical research highlighting the importance of personal relationships in advance care planning. This article examines these four objections to autonomy, and the liberal theoretical framework with which it is associated, in order to re-evaluate the philosophical basis of advance care planning. We argue that liberal autonomy (i) is not a misconceived concept as critics assume, (ii) does not entail the denial of values of social justice, (iii) can account for justifiable acts of paternalism, though it (iv) is not the best account of the value of personal relationships that arise in advance care planning. In conclusion, we suggest that liberalism is a necessary component of a theoretical framework for advance care planning but that it needs to be supplemented with theories that focus explicitly on the significance of personal relationships. (shrink)

In the debate on conscientious objection in healthcare, proponents of conscience rights often point to the imperative to protect the health professional’s moral integrity. Their opponents hold that the moral integrity argument alone can at most justify accommodation of conscientious objectors as a “moral courtesy”, as the argument is insufficient to establish a general moral right to accommodation, let alone a legal right. This text draws on political philosophy in order to argue for a legal right to accommodation. The moral (...) integrity arguments should be supplemented by the requirement to protect minority rights in liberal democracies. Citizens have a right to live in accordance with their fundamental moral convictions, and a right to equal access to employment. However, this right should not be unconditional, as that would unduly infringe on the rights of other citizens. The right must be limited to cases where the moral basis is more fundamental in a sense that all reasonable citizens in a liberal democracy should accept, such as the constitutive role of the inviolability of human life in liberal democracies. There should be a legal, yet circumscribed, right to accommodation for conscientious objectors refusing to provide healthcare services that they reasonably consider to involve the intentional killing of a human being. (shrink)

Obesity and poverty in childhood are widely studied phenomena and despite mixed results, some findings are without doubt: they come with various experiences of mental, physical and social harm, have therefore negative effects on the well-being of children, and they intersect in relation with race, class and gender. In this contribution we analyze child obesity and poverty from a philosophical social justice perspective, which has, to a large extent, so far neglected this topic. We show how they compromise social justice (...) and argue that there is an obligation to implement structural changes to assist the affected children and their families. However, we make also clear that such interventions must not happen in accordance to the current neoliberal fitness and health ideology and its related narrow individualism. (shrink)

In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...) exploitation, but because they fail to provide restrictive `advantage taking' conditions, their theories of exploitation include cases that we would not ordinarily describe as exploitations. Ruth Sample and Robert Goodin provide accounts that place a stronger emphasis on the attitudes involved in exploitation and the processes that bring it about. Unfortunately, these theories do not properly incorporate the unfairness aspect of exploitation. Consequently, they are either self-frustrating or incomplete. -/- I provide a conception of exploitation that combines both aspects. I claim that a bilateral, strictly Pareto improving, and voluntary transaction t between A and B is exploitative just in case (1) there exists an unrectified property rights violation at some point in the history of exchanges leading to t that (2) reduces B's bargaining power by altering her status quo point, and (3) the degree to which B's preferences are satisfied in t is less than it would be had B's bargaining power not been reduced (by the alteration of her status quo point). Further, (4a) A's egoistic preferences are better satisfied in t because B's bargaining power is limited, and (4b) if the previous conditions also hold for A, then the reduction in A's bargaining power is less than the reduction in B's bargaining power. Finally, (5) A truly believes the previous conditions hold. (shrink)

According to justificatory liberalism legal coercion is legitimate only when exercised for reasons that all reasonable persons can accept. That is, laws are legitimate only if they satisfy JL’s unanimity condition. This principle entails that if no law meets the unanimity condition, then no law is legitimate. However, given the diversity of persons who meet JL’s own twofold criteria of ‘reasonable’ – commitment to fair cooperation and recognition of reasonable pluralism – no law would be supported by all reasonable persons (...) in JL’s thought experiment, let alone in the real world. I illustrate this diversity of qualified views with an objector inspired by Michael Bakunin, whose revolutionary anarchist views take the state to threaten more than protect equality and pluralism. Therefore, JL would prohibit any use of legal coercion. Nothing would be justified by JL. This result clearly conflicts with commonsense, which recognizes many instances of legal coercion as legitimate even amidst disagreement, and calls into question JL’s plausibility. (shrink)

Since the establishment of the Human Genome Project and the identification of genes in human DNA that play a role in human diseases and disorders, a long, moral and political, battle has began over the extension of IPRs to information contained in human genetic material. According to the Nuffield Council on Bioethics, over the past 20 years, large numbers of human genes have been the subject of thousands of patent applications. This paper examines whether human gene patents can be justified (...) in terms of liberal theories of morality such as natural law, personality development, just reward and social utility. It is argued that human gene patents are in conflict with fundamental principles of liberal morality and justice because they result in "genetic information feudalism". (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

South Africa's 1996 Constitution promises a measure of ‘social citizenship’ alongside formal political and legal equality. South Africa's public welfare and social policies may be less effective in ensuring social citizenship, through reducing insecurity and inequality, than those of the more established democracies, but they are far more effective than those of other ‘developing’ countries. The origins of social citizenship in South Africa lie in the early and mid-1940s, when the state first assumed responsibility for the welfare, broadly understood, of (...) all South Africans. The most significant achievement was the introduction of a universal old-age pension system. The importance of these initiatives has been largely overlooked. This has been in part because later scholars largely ignored the heterogeneity of liberal thought in South Africa in the mid-twentieth century, as followers of the ‘New Liberalism’ broke with the classical liberalism of John Stuart Mill and argued for a range of state interventions in social and economic life. In South Africa, as elsewhere, the Second World War provided a context in which revised liberal thought gave rise to major policy reforms, some of which were to survive even the election of a National Party government in 1948. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)