This article argues that we can improve the way we teach early modern political philosophy if we introduce students to alternative views about the development of the state. First, it summarizes the work of contemporary philosophers and historians who are critical of the modern state. Second, it points out ways in which early social contract theorists take the state for granted. Third, it argues that alternative views about the development of the state can help students take a more critical perspective (...) on standard works of early modern political philosophy. Fourth, it argues that these alternative views will help students better understand dissenting voices in early modern political philosophy. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

Abstract : Associative work falls within the interests of the complementary social institutions to the official institutions in Moroccan society, as its intervention is based on voluntary work, and constitutes a mainstay by creating the appropriate conditions for framing and training, in order to build a responsible society that contributes to development and change, and working to integrate the individual into the process of social growth, Opening the field for creativity and highlighting the capabilities and skills for creation and innovation. (...) Keywords : Civil society, associative action, solidarity. ...........تقديم........ يدخل العمل الجمعوي ضمن المؤسسات الاجتماعية التكميلية للمؤسسات الرسمية بالمجتمع المغربي، ويشكل دعامة أساسية من خلال خلق الظروف المناسبة للتأطير والتكوين، من أجل بناء مجتمع مسؤول يساهم في التنمية والتغيير، والعمل على إدماج الفرد في عملية النمو الاجتماعي، وفتح المجال للإبداع وإبراز القدرات والمهارات على الخلق والابتكار. وفي ظل التحولات الكبيرة التي عرفها مغرب القرن الواحد والعشرين في مجموعة من المجالات الحيوية للبلاد، فرض خلالها العمل الجمعوي نفسه بشكل جلي خاصة على مستوى العمل التضامني في المناطق الواحية، في محاولة منه الاستجابة لحاجات الناس في ميادين ترتبط بالتعليم والصحة والفلاحة وإدماج المرأة والمتطلبات المعيشية.... وقد أولى المشرع المغربي عناية خاصة للعمل الجمعوي في الآونة الأخيرة، من خلال وضع إطار قانوني شامل يوضح القواعد المحددة لتأسيس الجمعيات، وكيفية سيرها ومختلف التحولات التي قد تصادفها خلال حياتها، خاصة مع دستور2011 الذي عزز من قيمة وفعالية العمل الجمعوي بكونه أحد المكونات الأساسية للمجتمع المدني المغربي، باعتباره آلية من آليات تنزيل مقتضيات الديمقراطية التشاركية. ويعد التضامن الاجتماعي من المرتكزات الأساسية التي يقوم عليها المجتمع الواحي بالمغرب، وخاصة القروي منه، باعتباره مجتمعا قبليا في الأصل، حيث يساعد الأفراد بعضهم بعضا لمواجهة مصاعب الحياة، فيكونون أسرة واحدة، يعين غنيهم فقيرهم، ويساعد قويهم ضعيفهم، ويشترك الجميع في الأفراح والأتراح. ومن هذا المنطلق يحق لنا التساؤل حول حقيقة العمل الجمعوي بواحات زيز الأوسط تافيلالت؟ وما هي مجالات إسهاماته؟ وأين تتجلى هذه الإسهامات؟ وهل فعلا ينجز عملا تضامنيا لتحقيق المساعدة والتكافل والتآزر؟ وهل يدرك الفاعلون الاجتماعيون حقيقة هذا الدور داخل واحات زيز الأوسط؟ أم هو عبارة عن آلية لإنتاج وإعادة إنتاج المألوف؟ للإجابة عن هذه الأسئلة وغيرها، تم النزول للميدان وجمع المعطيات الضرورية وتفريغها وتحليلها حسب النموذج الإحصائي. بناء على إشكالية وفرضيات بمتغيرات دقيقة، واعتماد الاستمارة كأداة لجمع البيانات، غير أنه لا يمكن أن نتطرق إلى جميع محطات هذا البحث الميداني نظرا لضيق المجال، لذلك سأحاول إثارة بعض المراحل المنهجية الكبرى والنتائج والتوصيات. (shrink)

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...) Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate. (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)

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...) measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (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)

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)

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 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)

Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between four frameworks (...) for thinking about bodily exchanges in medicine: those of property rights, heroic gift-giving, sacrifice, and gift-giving as aporia. These frameworks represent four different ways of making sense of donation of organs as well as tissue, gametes and blood, draw on different conceptions of the relations between the self and the other, and bring out different ethical issues as core ones. The article presents these frameworks, argues that all of them run into difficulties when trying to make sense of reciprocity and relational interdependence in donation, and shows how the three gift-giving frameworks (of heroism, sacrifice and aporia) hang together in a critical discussion about what is at stake in organ donation. It also presents and argues in favour of an alternative intercorporeal framework of giving-through-sharing that more thoroughly explicates the gift metaphor in the context of donation, and offers tools for making sense of relational dimensions of live and post mortem donations. (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 techniques that some large multinational corporations use to reduce their tax liability have come under increasing public scrutiny in recent years, alongside governmental investigations and international commitments aimed at curbing opportunities for tax avoidance. Although discussion of tax avoidance activities, and their regulatory responses, is often conducted with reference to moral concepts, philosophical analysis of the ethics of multinational tax avoidance remains limited. In particular, the virtue ethics tradition that emphasises the agent and the performance of specific roles has (...) not been considered in detail. This paper examines how the contemporary virtue ethics of Alasdair MacIntyre can be applied to the issue of multinational tax avoidance, and considers the role that accountants play in these activities. It argues, firstly, that MacIntyre’s approach provides a more useful philosophical analysis of the issue and, secondly, that the main parties involved are likely to agree with the main tenets of this approach. The paper also contributes by reconceptualising, using MacIntyre’s scheme, the issue of tax avoidance in relation to Donald Cressey’s ‘fraud triangle’. (shrink)

This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...) basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an.. (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)

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

An analysis of social goals for agriculture presupposes an account of systematic interactions among economic, political, and ecological forces that influence the performance of agriculture in a given society. This account must identify functional performance criteria that lend themselves to interpretation as normative or ethical goals. Individuals who act within the system pursue personal goals. Although individual acts and decisions help satisfy functional performance criteria, individuals may never conceptualize or understand these criteria, and, hence, social goals for agriculture may not (...) be intentionally sought or desired by any human being. The statement of social goals is not, therefore, reducible to statements about individual desires and preferences, and the validity of social goals does not depend upon deriving a social welfare function, nor upon measuring interpersonal utility.The paper examines a series of strategies for defining social goals for agriculture, beginning with the statement of goals offered by William Aiken in 1983. Aiken's view stresses individually based constraints upon action, but social goals cannot be adequately defined on this view. Successively more adequate approaches to the problem of social goals are examined with respect to production and efficiency, Jeffersonian democracy, and ecosystem goals of community and self-reliance. The role of family farms, and the change in farm structure is evaluated in light of this analysis for social goals. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

A liberalism of conscience incorporates both persuasion and reasoning to achieve its ends, but it does not entail guilt or bad conscience about the need to rule. Neither does the approach involve efforts to convert dissenters to some specific conception of the good. My view differs significantly from the views of John Rawls and John Locke: a liberalism of conscience is based in principles that people should accept, and which provide a firmer ground for rightful toleration. The theory is critical (...) for rethinking the nature of value-pluralism, and it is capable of uniting religious and secular parties in an affirmation of fundamental political principles. (shrink)

Three metaphors appear to guide contemporary thinking about organ transplantation. Although the gift is the sanctioned metaphor for donating organs, the underlying perspective from the side of the state, authorities and the medical establishment often seems to be that the body shall rather be understood as a resource . The acute scarcity of organs, which generates a desperate demand in relation to a group of potential suppliers who are desperate to an equal extent, leads easily to the gift’s becoming, in (...) reality, not only a resource, but also a commodity . In this paper, the claim is made that a successful explication of the gift metaphor in the case of organ transplantation and a complementary defence of the ethical primacy of the giving of organs need to be grounded in a philosophical anthropology which considers the implications of embodiment in a different and more substantial way than is generally the case in contemporary bioethics. I show that Heidegger’s phenomenology offers such an alternative, with the help of which we can understand why body parts could and, indeed, under certain circumstances, should be given to others in need, but yet are neither resources nor properties to be sold. The phenomenological exploration in question is tied to fundamental questions about what kind of relationship we have to our own bodies, as well as about what kind of relationship we have to each other as human beings sharing the same being-in-the-world as embodied creatures. (shrink)

This paper operates from the assumption that revolution is a legitimate tool for members of oppressed minority groups to secure their rights. I argue that this type of robust right of revolution cannot be derived from Locke’s justification of revolution in the Second Treatise. For Locke, revolution is justified when the government uses its power in a manner contrary to the principles on which the state was established. Whether or not an action is contrary to these principles is determined by (...) the people as a whole (i.e., the majority). Members of oppressed minority groups, therefore, would be justified in exercising their right of revolution only if they could garner support from a majority of the citizenry. In many instances, satisfying this criterion would require oppressed individuals to receive support from their oppressors—a practical impossibility. Since this requirement is rooted in Locke’s account of the origins of civil society, if it is the case that revolution is a legitimate tool for members of oppressed minority groups to secure their rights, then it would be necessary to look elsewhere for theoretical support to justify a robust right of revolution. I argue that such support can be found in a deontological account of civil society. (shrink)

This paper argues that the augmented reality gaming application for smart devices, _Pokémon GO_ shows the fate of the legal subject as a neoliberal monster subjugated to the limitations imposed by hypercapitalism. The game, derived from Nintendo’s iconic Pokémon franchise, reveals the legal subject as a frenzied, diminished and impulsive being, allowed to see, move, catch and accumulate but unable to participate in more meaningful self-narration. It is not that the game is lawless, notwithstanding, anxieties in the semiosphere about users (...) trespassing or engaging in criminal behaviour. Rather the game is over structured and highly limited, both within its game-play which is repetitive and impulsive, and in its absence of narrative. Unlike the classic Nintendo Pokémon games which are within the role-playing game genre, _Pokémon GO_ abstracts the seeing, moving, catching and accumulating features of the classic games without the overarching narrative, questing and competition. In this _Pokémon GO_ manifests the transformation of the liberal legal subject of capitalism to the neoliberal subject of a digital orientated hypercapitalism where seeing, moving, catching and accumulating is immediate and impulsive, obliterating the ‘prudent’ subject participating in their own self-narration. (shrink)

Although empathy is arguably an important factor to consider in moral education, the concept itself has consistently stood on tenuous ground. In this essay, I claim that our adherence to ontological dualism and discrete subjectivity have problematized our comprehension of empathy. I propose that our understanding is limited by our understanding of selfhood. If the self were defined as intersubjective, along the lines of Merleau-Ponty, then empathy’s ambiguities would dissipate. After reconceptualizing empathy in light of intersubjectivity, I call for pedagogical (...) relations that are aligned with developmental research, which provides further support for adhering to an alternative conception of the phenomenon. (shrink)

Various kinds of contemplative practices have been a part of the western philosophical tradition since the Age of Antiquity. Today, however, philosophy as a way of life has ceased to be an integral part of academic practice. The capability to gain knowledge or understanding is believed to come out of pure intellectual endeavor, without exercising the mind and body holistically. This has created a blind spot for philosophy, where no profound pedagogical and moral transformation of subjectivity can be articulated. Furthermore, (...) meditation practices have often been understood as egoistic, apolitical activity. Our purpose is to suggest that this understanding is due to the liberalist and Cartesian tradition of subjectivity today widely proliferated in education. However, through an analysis of a meditation exercise in breathing, it is possible to deconstruct these notions and open novel vistas for thinking about the relationship between truth and subjectivity in education. A simple breathing exercise can dissolve the dualisms ingrained in occidental philosophy and culture - which has many socio-political implications for educational theory and praxis. (shrink)

I argue that the aporetic character of clemency must be understood in terms of its unmerited and merited character to achieve the underlying purposes of justice within criminal justice: justice as fairness (punishment must be deserved and proportionate) and justice as restoration (repair of the harm to victims and society and the reintegration of offenders) are paramount goals. Rather than destabilizing political order, pardons can render productive potential tensions between justice as fairness and justice as restoration. Taking as my conceptual (...) point of departure Paul Ricoeur's claims about the suprajuridical and supraethical character of pardon, I develop the argument through three central sections: an excursus into historical and contemporary practices of clemency in the United States; a critical analysis of the merited and unmerited aspects of clemency with respect to remorse and atonement theories within theological and legal discourse; and a normative engagement with pardons and felony disenfranchisement. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

This paper focuses on the question of whether DNA patents help or hinder scientific discovery and innovation. While DNA patents create a wide variety of possible benefits and harms for science and technology, the evidence we have at this point in time supports the conclusion that they will probably promote rather than hamper scientific discovery and innovation. However, since DNA patenting is a relatively recent phenomena and the biotechnology industry is in its infancy, we should continue to gather evidence about (...) the effects of DNA patenting on scientific innovation and discovery as well the economic, social, and legal conditions relating to intellectual property in biotechnology. We should give the free market, the courts, researchers, and patent offices a chance to settle issues related to innovation and discovery, before we seek legislative remedies, since new laws proposed at this point would lack adequate foresight and could do more harm than good. However, we should be open to new laws or regulations on DNA patents if they are required to in order to deal with some of the biases and limitations of the free market. (shrink)

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)

Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a (...) privileged claim (such as unowned natural resources), and the distribution of which is a matter of justice. A just distribution of such unowned distributive goods, though, requires a practice-independent distributive baseline. I further show that such a baseline can only be egalitarian because all alternative baselines face serious objections. From this I conclude that any plausible theory of distributive justice must accept some form of equal practice-independent distributive entitlements. (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)

The new millennium has witnessed a growing concern over the impact of multinational enterprises (MNEs) on human rights. Hence, this article explores (1) how wide-spread corporate policies on human rights are amongst large corporations, specifically the FTSE 100 constituent firms, (2) whether any sectors are particularly active in designing human rights policies and (3) where corporations have adopted such policies what their content is. In terms of adoption rates of human rights policies, evidence of exemplary approaches in individual companies contrasts (...) with a less satisfactory engagement pattern across the sample, as 42.8% of firms do not seem to address human rights at all. With regard to the content of corporate human rights policies, the study found shallow commitments to dominate, where companies focus on a narrow range of negative rights, i.e. on respecting human rights, rather than positive ones, i.e. initiatives to protect or fulfil human rights. (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)

(2000). The Making of a Great Power? Universal Monarchy, Political Economy, and the Transformation of English Political Culture. The European Legacy: Vol. 5, No. 4, pp. 531-545.

Ambition is a curiously neglected topic in ethics. It isn’t that philosophers have not discussed it. Plato, Aristotle, Seneca, Aquinas, Machiavelli, Harrington, Locke, Rousseau, Smith, Santayana and a number of others have discussed ambition. But it has seldom received more than a few paragraphs worth of analysis, in spite of the fact that ambition plays a central role in Western politics (one cannot be elected without it), and in spite of the fact that Machiavelli, Harrington, Locke and Rousseau each considered (...) it to be among the greatest threats to political security. The aim of this paper is to provide a long overdue analysis of ambition. The first part of the paper explores what ambition is. The second seeks to answer the question, “Is ambition a virtue or a vice?”. (shrink)

RESUMO O objetivo deste artigo é o de ilustrar a oposição dos comunitaristas ao contratualismo, a partir da análise de um caso específico: a crítica de Michael Sandel ao voluntarismo contido na teoria de Rawls. Sandel chama de "voluntarismo" a tese pela qual princípios políticos e morais se legitimam a partir de um exercício da vontade individual, sob a forma da "escolha" ou do "consentimento". Esta tese, como procuraremos argumentar, está na base do contratualismo moderno, embora somente em Rawls ela (...) atinja sua formulação mais perfeita. Sandel propõe como alternativa ao voluntarismo o que ele chama de "cognitivismo", inspirado na visão de mundo dos antigos. Segundo o cognitivismo, os princípios políticos e morais são derivados de fins ou "bens" que são mais descobertos do que propriamente escolhidos. ABSTRACT The aim of this paper is to illustrate the opposition between communitarianism and contratualism, from the analysis of a specific case: Michael Sandel's criticism of voluntarism in the theory of Rawls. For Sandel "voluntarism" is the thesis according to which political and moral principles are legitimate from an exercise of individual will, such as "choice" or "consent". We shall argue that this thesis is the grounding basis of modern contractualism, although only with Rawls it reaches its purest form. Sandel suggests as an alternative to voluntarism what he calls "cognitivism", inspired in the ancient understanding of the world. According to cognitivism, the legitimation of political and moral principles streams from ends or "goods" which are discovered rather than chosen. (shrink)

Increased and active involvement of multinational corporations in the promotion of social welfare, in developing countries in particular, through the facilitation of partnerships and cooperation with public and nonprofit sectors, challenges the existing framework of our social and political institutions, the boundaries of nation-states, the distinction between the private and public spheres of our lives, and thus our freedom. The blurring of certain distinctions, which ought to be observed between the political and the economic is most manifest in the gradual (...) saturation of the field of business ethics with rights-based arguments and analyses. In this article, I first argue against endorsing positive rights as having the same status as negative rights, and then try to demonstrate that, with the transportation of 'rights talk' into business ethics, the dangers of conflating positive and negative rights are superimposed on the dangers of conflating the private and the political. I conclude by presenting my own stance on the debate on what our basic institutionally sanctioned rights should be, and what the corresponding duties of multinational corporations really are. (shrink)

: Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied cul-ture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I re-formulate the paternal function as embodied, which enables imagining our primary relationships as loving.

Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied culture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I reformulate the paternal function as embodied, which enables imagining our primary relationships as loving.

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)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

Morality for the purposes of this paper consists of sets of rules or principles intended for the general regulation of conduct for all. Intuitionist accounts of morality are rejected as making reasoned analysis of morals impossible. In many interactions, there is partial conflict and partial cooperation. From the general social point of view, the rational thing to propose is that we steer clear of conflict and promote cooperation. This is what it is rational to propose to reinforce, and to assist (...) in reinforcing in society; it is not necessarily what it is individually rational to do. Even so, given the general situation, the rationality of its reinforcement will typically support the rationality of individual action as well. Game theory makes it possible to clarify these interactions, and these proposals for social solutions. (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents are (...) ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (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)

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)