The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

"Ethical Explorations: Moral Dilemmas in a Universe of Possibilities" by Brendan Shea is an open access textbook that provides a comprehensive study of ethical philosophy. Shea makes it his task to chart the sprawling landscape of moral thought from ancient times to the present, employing a straightforward, easily accessible style. -/- In the book, each chapter addresses a distinct ethical theory. Shea discusses everything from Plato's allegorical Cave to contemporary issues in bioethics. The text features relatable narratives, clear explanations of (...) core concepts, thought-provoking questions, and handy glossaries to help readers grasp the subject matter. -/- Among the topics, you'll find the principles of utilitarianism through the adventures of a princess, an exploration of duty via a story about a golem, and a look at natural law theory through an engaging science-fiction tale. Contemporary themes also make an appearance, including discussions on Marxism, Nietzsche's radical ideas, Simone de Beauvoir's intersection of feminism and existentialism, and racial theories from W.E.B. Du Bois and Martin Luther King. -/- As an open access (CC-BY) textbook, "Ethical Explorations" is freely available to everyone, making the study of moral philosophy accessible to all. It's a tool that gives its readers the means to wrestle with ethical questions in an ever-changing world. (shrink)

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

American sociologist Robert Nisbet once described conservatives and libertarians as “uneasy cousins.” The description is apt. While sharing a family resemblance and many of the same political rivals, conservatism and libertarianism are fundamentally at odds. This paper explains why this is so from the conservative perspective. It surveys the starting points and major themes of conservatism and libertarianism. It identifies what conservatives and libertarians agree about. It concludes by showing what conservatives have against libertarianism.

This book addresses how our revisionary practices account for relations between texts and how they are read. It offers an overarching philosophy of revision concerning works of fiction, fact, and faith, revealing unexpected insights about the philosophy of language, the metaphysics of fact and fiction, and the history and philosophy of science and religion. It will be of interest to a wide range of scholars and advanced students working in philosophy of language, metaphysics, philosophy of literature, literary theory and criticism, (...) and history and philosophy of science and religion. (shrink)

Over the course of its six seasons, the Netflix show the House of Cards (HOC) details the rise to power of Claire and Frank Underwood in a fictional United States. They achieve power not by winning free and fair elections, but by exploiting various weaknesses of the U.S. political system. Could such a thing happen to our own democracies? This chapter argues that it is a threat that should be taken seriously, as the structure of HOC’s democratic institutions closely mirrors (...) our own, and the flaws that the Underwoods exploit are precisely those that have allowed autocrats to capture democracies “from the inside.” Of even greater concern, these flaws may flow from the nature of democracy itself. This possibility is explored by considering the events of the HOC in the light of the anti-democratic arguments of Plato and Hobbes. The chapter concludes by briefly considering responses to these arguments. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...) Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

Many economists have argued convincingly that automated systems employing present-day artificial intelligence have already caused massive technological displacement, which has led to stagnant real wages, fewer middle- income jobs, and increased economic inequality in developed countries like Canada and the United States. To address this problem various individuals have proposed measures to increase workers’ living standards, including the adoption of a universal basic income, increased public investment in education, increased minimum wages, increased worker control of firms, and investment in a (...) Green New Deal that will provide substantial employment in transitioning to green energy, buildings, and agriculture. In this paper I argue that both left-wing and right-wing positions in political philosophy, such as John Rawls’s Justice as Fairness and Robert Nozick’s Entitlement Theory, are committed to the conclusion that we should take political action to counteract the effects of technological displacement by undertaking such measures to increase workers’ living standards. (shrink)

Tracing the leading role of emotions in the evolution of the mind, a philosopher and a psychologist pair up to reveal how thought and culture owe less to our faculty for reason than to our capacity to feel. Many accounts of the human mind concentrate on the brain’s computational power. Yet, in evolutionary terms, rational cognition emerged only the day before yesterday. For nearly 200 million years before humans developed a capacity to reason, the emotional centers of the brain were (...) hard at work. If we want to properly understand the evolution of the mind, we must explore this more primal capability that we share with other animals: the power to feel. Emotions saturate every thought and perception with the weight of feelings. The Emotional Mind reveals that many of the distinctive behaviors and social structures of our species are best discerned through the lens of emotions. Even the roots of so much that makes us uniquely human—art, mythology, religion—can be traced to feelings of caring, longing, fear, loneliness, awe, rage, lust, playfulness, and more. From prehistoric cave art to the songs of Hank Williams, Stephen T. Asma and Rami Gabriel explore how the evolution of the emotional mind stimulated our species’ cultural expression in all its rich variety. Bringing together insights and data from philosophy, biology, anthropology, neuroscience, and psychology, The Emotional Mind offers a new paradigm for understanding what it is that makes us so unique. (shrink)

This paper uses an extended discussion of Nietzsche’s essay “The Greek State” to uncover the political aspects of his early thinking. The paper builds on a similar discussion of another essay from the same period, “Homer on Competition,” in arguing that Nietzsche’s thinking is based on a confrontation with the work of Plato. It is argued that the key to understanding “The Greek State” is seeing it, in its entirety, as an enigmatic interpretation and re-writing of Plato’s Republic. Nietzsche interprets (...) the Republic as Plato’s accomplishment of the task of the genuine philosopher: the legislation of values and the moulding of human character. (shrink)

Friedman’s view on corporate social responsibility is often accused of being incoherent and of setting rather low ethical standards for managers. This paper outlines Friedman’s ethical expectations for corporate executives against the backdrop of the strong emphasis he puts on individual freedom. Doing so reveals that the ethical standards he imposes on managers can be strictly deduced from individual freedom and that these standards involve both deontological norms and the fulfillment of particular stakeholder expectations. These insights illustrate the necessity to (...) reconsider how Friedman’s approach relates to other important normative theories of business ethics. Contrasting Friedman’s approach with stakeholder theory and integrative social contract theory—when considering the importance he assigns to individual freedom—shows how and why these approaches differ. Still, the comparison also highlights striking similarities. This paper contributes to a better understanding of Friedman’s position—which is still one of the most influential approaches in business ethics research—because it enables a differentiated look at its strengths and weaknesses. (shrink)

Recently, philosophers have drawn on tools from game theory to explore behavior in Hobbes’ state of nature. I take a similar approach and argue the Lockean state of nature is best conceived of as a conflictual coordination game. I also discuss Nozick’s famous claim regarding the emergence of the state and argue the path to the minimal state is blocked by a hitherto unnoticed free-rider problem. Finally, I argue that on my representation of the Lockean state of nature both widespread (...) conflict and lasting peace are possible. This, I contend, is in line with one popular interpretation of Locke. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

After decades of receiving a lot of attention on the epistemological level, the so-called ‘problem of intuitions’ is now in the center of debates on the metaphilosophical level. One of the reasons for this lies in the unfruitfulness of the epistemological discussions that recently subsided without producing any significant or broadly accepted theory of intuitions. Consequently, the metaphilosophical level of discussion of the ‘problem of intuitions’ inherits the same difficulties of the epistemological level. The significance of Max Deutsch’s book The (...) Myth of the Intuitive is his effort to resolve these problems in a clear and persuasive way. He is not only trying to debunk problems behind the vagueness of the ‘intuition-talk’ by drawing important distinctions that usually go under the radar in the contemporary literature, but also develops his own account of philosophical methodology. In this paper I will present some of his arguments against the traditional view of intuitional methodology, as well as his own solutions to the presented problems. Regardless of Deutsch’s insightful account of the ‘problem of intuitions’, I find that some difficulties in his own proposal are inherited from the unresolved issues of intuitions on the epistemological level. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

In this paper, I consider the question of whether crime victims can be said to have a moral right to see their victimizers punished that could explain why they often feel wronged or cheated when the state fails to punish offenders. In the first part, I explain what I mean by a “right to punishment” and what it is for such a right to “explain” the frustrated crime victim’s reaction. In the second part, I distinguish such a right from a (...) Lockean-style right to punish, which is also shown incapable of providing the needed explanation. In the third part I argue that it is difficult to identify any benefit such that the right to punishment could plausibly be understood as a right to that benefit. I discuss two main candidates here: the vaguely Hegelian idea that punishment is itself some sort of restitution for the wrong done to the victim; and the idea, due to Victor Tadros, that punishment is a form of compensation for wrongdoing by contributing indirectly to protecting victims from future harm. In the final section, I suggest instead that the frustrated crime victim’s reaction, when justified, is best explained, not by the violation of any right to punishment, but rather by the state’s failure to treat the victim as an equal. (shrink)

A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

As a contribution to the continuing debate about tax practitioner ethics, this paper explores the main streams of Western ethical thought that are relevant to tax practitioners’ work, most typically deontology and consequentialism. It then goes on to consider the impact of such ethical influences on the professional ethical codes of conduct that govern tax practitioners’ work, and attempts to unravel the complex work and ethical environment of the practice of tax in terms of tax compliance and tax avoidance. The (...) paper then examines the prior studies on tax practitioners and ethics and the type of dilemmas that practitioners face in the context of their work. The paper proceeds to examine empirically the extent to which tax practitioners take a consequentialist versus a deontological approach in their reasoning about moral dilemmas. This is carried out by an innovative use of the Defining Issues Test. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Prof. Miščević has long been an ardent defender of the use of thought experiments in philosophy, foremost metaphysics, epistemology and philosophy of mind. Recently he has, in his typically sophisticated manner, extended his general account of philosophical thought-experimenting to the domain of normative politics. Not only can the history of political philosophy be better understood and appreciated, according to Miščević, when seen as a more or less continuous, yet covert, practice of thought-experimenting, the very progress of the discipline may crucially (...) depend on finding the right balance between the constraints of (biological, psychological, economic, political, and so on) reality and political-moral ideals when we set to design our basic political notions and institutions. I have much less confidence in this project than prof. Miščević does. As a subspecies of moral TE, political TE share all their problems plus exhibit some of their own. In the paper, I present and discuss two types of evidence that threaten to undermine political philosophers’ trust in thought-experiments and the ethical/political intuitions elicited by them: (i) the dismal past record of thought-experimentation in moral and political philosophy; and (ii) the variety, prevalence, and stubbornness, of bias in ordinary social/political judgment. (shrink)

Liberal approaches to multiculturalism and cultural nationalism have met with severe criticism in recent years. This article makes the case for an alternative, Aristotelian approach developed in the work of the ‘founding father’ of culture, J. G. Herder. According to Herder, culture is worthy of political recognition because it contributes to the realization of our common but contradictory human telos. Only a plurality of cultures, each realizing a unique balance of our contradictory needs, can bring wholeness to our common nature. (...) In conclusion, I argue for the merits of this Aristotelian approach in resolving some recurring problems of multiculturalism. (shrink)

This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level of original appropriation and (...) determines, according to the homestead principle of justice in first acquisition, what may and what may not be lawfully appropriated. Hence, the Blockian Proviso is not an add-on to the homestead principle but part and parcel thereof. (shrink)

In this essay I focus on the form of government defended by Marsilius of Padua in the first Discourse of Defensor pacis (1324). The interpretation of his overall account depends heavily on our understanding of the “major and valentior part” of the citizenry upon which all legislative and elective powers are bestowed. I argue that there is sufficient textual evidence to believe that the above term refers not to some small elite group but to the totality of citizens or the (...) overwhelming majority of them. I also argue that his imaginary polity meets all the necessary conditions that any political regime should meet in order for it to be characterised as an essentially democratic one. Thus, Marsilius deserves a more prominent position in the history of democratic ideas. (shrink)

Inspired by Patrick Lee’s “A Christian Philosopher’s View of Recent Directions in the Abortion Debate,” this essay raises the question of how effective philosophical arguments can be in determining the moral status of legalized abortion. On one hand, Christian philosophers have been successful in explaining both the humanity and the personhood of the unborn child, as well as exposing the incoherence of those who would deny the unborn child’s humanity or personhood. Nevertheless, in order to confront the pro-abortion position in (...) its most radical form, a much more complex philosophical argument must be given. Following thinkers such as Alasdaire MacIntyre, Christian philosophers must articulate and promote a philosophical position according to which morality is conceived in richer terms than the mere respecting of individual rights. The social dimension of human nature must be rediscovered in order that the happiness and welfare of others becomes a desirable goal in and of itself. According to a morality where individual rights is the bottom line (for example, that of Judith Jarvis Thompson), women very well may have the right to “extricate” themselves from their pregnancy even when doing so will result in the death of their child. What must be explained, therefore, is the more profound insight that social morality is equally concerned with obligations to others, including those who are most helpless and unable to speak for themselves. (shrink)

The history of the political thought on pleasure is not a cloistered affair in which scholars only engage one another. In political thought, one commonly finds a critical engagement with the wider public and the ruling classes, which are both perceived to be dangerously hedonistic. The effort of many political thinkers is directed towards showing that other political ends are more worthy than pleasure: Plato battles vigorously against Calicles' pleasure seeking in the Gorgias, Augustine argues in The City of God (...) against the human tendency to hedonism in favor of a profound distrust of pleasure, and even Machiavelli claims in The Prince that it is in the prince's best interest to separate his pursuit of pleasure from his pursuit of political power. The thrust of the majority of political thought is to interrupt the popular equation that links pleasure with the good. Instead, political thought has largely followed Plato's lead and has worked to contain hedonism on two fronts. First, pleasure is rigorously separated from ethical and political good: what is good is not identical with what is pleasurable even if the two sometimes overlap. Second, even where the pursuit of pleasure is judged to be coincident with the good, pleasure should only be pursued to the degree it is rational to do so and pursued in the most rational way. Of course, it is not true that all thinkers hold to these two positions on pleasure. Epicureanism and utilitarianism are two major schools of thought that challenge the first precept equating pleasure with the good. Both Epicureanism and utilitarianism argue that the only good is pleasure. However, it is much less frequently that one finds a thinker challenging the second Platonic position that reason must master and guide our pursuit of pleasure—even the Epicureans and utilitarians believe that pleasure is best pursued rationally. However, Foucault has attracted recent attention by challenging the idea that reason should dominate the pursuit of pleasure. (shrink)

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...) be wronged and thus, by extension, have rights. The result, I argue, is a perspective on the nature of moral rights in general, and the idea of animal rights in particular, that constitutes an important and plausible alternative to the more familiar views advanced by philosophers in recent decades. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

Since time immemorial, poverty reduction interventions in Sub‐Saharan Africa like everywhere in the South, have focused on the individual as the basic ingredient of a moral society (ethical individualism). According to this perspective, in order to lift human persons out of poverty, it is imperative to integrate poor persons into poverty eradication interventions irrespective of sex, social status and gender. Scholars and institutions that subscribed to this conception of poverty thought that individuals were poor because of personal weaknesses (case poverty).This (...) perspective has been greatly challenged due to the upsurge of gender and human rights scholarship in the 20th century. Gender scholars have painstakingly argued that in order to understand poverty, we need to look at society (ethical collectivism). They have rejected the Women in Development(WID) discourse that aims at integrating women into the development process in favour of the Gender and Development(GAD) approach to development and poverty reduction that aims at confronting power relations between men and women (empowerment).This GAD perspective looks at poverty in terms of the powerlessness speared head by prevailing structures in society (structural poverty) and hence the need to empower vulnerable persons such as women to challenge structures and strictures of oppression. The International Monetary fund (IMF) and World Bank as vehement promoters of economism in Sub‐Saharan Africa for decades have urged governments to include the perspectives of the poor in poverty polices through what they call participatory poverty assessments (PPAs). Despite its deceptive appearance, this PPAs stance of the IMF and World Bank tacitly looks at poverty as a case and not structural issue and that is why Uganda’s ambitious poverty reduction policy though greatly informed by Participatory Poverty Assessments greatly ignores structures and strictures that render women vulnerable to poverty. This paper critically assesses the obliviousness of Uganda’s Agricultural poverty policy to structures and how this has militated on the gender poverty production in Uganda. The paper contends that in order to realise engendered poverty eradication in Uganda, it is pertinent for the agricultural policy to ultimately make paradigm shift from focusing on the individual as the basic ingredient of a moral society (ethical individualism) to confronting structures and strictures that disempower and vulnerablelise individual moral agents (ethical collectivism). (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...) render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...) broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)

The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other (...) people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims. (shrink)

A central issue in Chinese philosophy today is the relationship between Confucianism and democracy. While some political figures have argued that Confucian values justify non-democratic forms of government, many scholars have argued that Confucianism can provide justification for democracy, though this Confucian democracy will differ substantially from liberal democracy. These scholars believe it is important for Chinese culture to develop its own conception of democracy using Confucian values, drawn mainly from Kongzi (Confucius) and Mengzi (Mencius), as the basis. This essay (...) describes some obstacles to this form of Confucian democracy. It argues that considering the political philosophies of Kongzi and Mengzi in the context of their views on personal cultivation reveals that they oppose some of the central assumptions of democracy. They do not trust the public to make good decisions, and advocate government for the people, but not by the people. These philosophies alone cannot generate democracy. (shrink)

Journalists are regularly criticized for causing harm to others, such as invading privacy, printing, or airing offensive material, and so forth. Although most sensitive journalists readily acknowledge these harms, they frequently argue that the pursuit and coverage of news is nonetheless justified because it fulfills a greater moral purpose - satisfaction of the public's right to know. This article argues that although "the public s right to know" does justify some harmful journalistic behavior, too often the phrase is used without (...) the conceptual precision necessary to justify the competing harm. That is, journalists often confuse having a right to know with having an interest or curiosity in knowing and such conceptual confusion too often allows journalistic behavior to occur that would otherwise be seen as unethical. (shrink)

The surface appeal of the Social Responsibility theory of the press emerging in the report of the Commission on Freedom of the Press in 1947 has made Social Responsibility theory broadly acceptable. Yet, I declare it inconsistent with the American social system. Three concepts are discussed - societal obligation, individual rights, and interpersonal relationships - as necessary for a new moral theory that serves valid societal goals.

: How should socially privileged white feminists (and others) address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as "situated," and explores what this means for a politics of privilege.

Human capital, the knowledge, skills, and abilities of employees, can be a powerful driver of firm performance, yet the mobility of human capital raises questions over how to protect it. Employee non-compete agreements, which limit an employee’s ability to start or join a rival firm, have received recent attention. While past research considers whether non-competes are effective tools at limiting employee mobility, few have considered if non-competes should be used. Filling this gap, I propose a normative schema for when employee (...) non-competes can be considered ethical. A review of the limited existing literature on the ethics of employee non-competes finds that prior research has mostly focused on questions of property rights, which I propose as being nested within other ethical constructs. Analysis of two real-world illustrative examples of employee non-competes leads to a three-prong approach to evaluating non-competes based on ethical dimensions of power, autonomy, and fairness. I end by proposing—although further research is warranted—a measure of employee-level absorptive capacity, which is closely coupled with an employee’s pre-employment human capital, as an employee-level attribute independent of, although likely coincidental with, the tripartite requirements of power/autonomy/fairness for ethical employee non-compete agreements. (shrink)

Antonin Scalia defends his textualist approach to interpreting the Constitution by asserting that the purpose of the Constitution is to restrict the range of options open to future generations by enshrining institutional arrangements and practices in constitutional mandates or prohibitions. For this purpose to be fulfilled; justices of the Supreme Court must read the language of the Constitution according to its original meaning. We argue there is little reason to believe that Scalia’s understanding is correct. Neither the language of the (...) Constitution nor the writings of Jefferson or Madison are consistent with Scalia’s interpretation. More importantly; the goal Scalia posits; of seeking to restrict the range of options open to future generations; is intergenerationally unjust. (shrink)

What is the point of appealing to a social contract? An intuitively plausible answer is that the metaphor functions as a justification for the obligation to obey the law. If I have made a contract to establish a political authority, then I am bound to obey the commands of that authority. In a contract, my agreement creates an obligation to perform. Then only remaining question is what reasons I have to make the agreement in the first place. It would then (...) seem that classical social contract theory is divided between those who understand our reasons to agree as prudential and those who take our reasons to be moral. But this kind of interpretation fails to make sense of Kant’s political theory, which understands our obligation to enter into a civil condition as prior to the appeal to the social contract. The original contract enters into Kant’s theory at a crucially later point, after the creation of specific political institutions. It functions as a way of reconciling these institutions with the idea of rightful coercion, by imposing normative requirements on the political reasoning of legislators and citizens. For Kant, the distinctive feature of normative political reasoning is the notion of a unified will, an idea that was already present at the start of social contract theory in Hobbes, but had yet to be properly clarified. Kant appeals to the original contract not to ground our political obligations, but to explain both the coherence and the necessity of the idea of a common will for political argument. (shrink)

Why did Locke exclude Catholics and atheists from toleration? Not, I contend, because he was trapped by his context, but because his prudential approach and practica ljudgments led him to traditiona ltexts. I make this argumentfirst by outlining the connections among prudential exceptionality, practical judgments, and traditional texts. I then describe important continuities betweenc onventional English understandings of the relationship between state and religion and Locke's writings on toleration, discuss Locke's conception of rights, and illustrate his use of prudential exceptions (...) and distinctions. I conclude by arguing that Locke's problems are relevant to assessingc ontemporary liberal discussions of tolerationa nd the separation of state and religion that lean heavily on practical justifications. (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)

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