In our contemporary post-modern context, it has become increasingly awkward to talk about a good that is shared by all. This is particularly true in the context of mammoth multi-national corporations operating in global markets. Nevertheless, it is precisely some of these same enormous, aggrandizing forces that have given rise to recent corporate scandals. These, in turn, raise questions about ethical systems that are focused too myopically on self-interest, or the interest of specific groups, locations or cultures. The obvious traditional (...) alternative to moral bellybutton gazing is the common good, which challenges the modern business enterprise to realize non-instrumental values that can only be attained in our life together. The common good dictates that leadership should be judged, first of all, according to moral criteria rather than professional competence. It helps correct the distorted prioritization of the maximization of profit in every business decision, recognizing that businesses have a multitude of rights and responsibilities, and the common good reminds us that the first of these is not always profit-making. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

Locke rejected anarchism. Locke defended the universal necessity of political governments on the grounds that the state of nature will occasionally generate the inconveniences of war. The standard interpretation of Locke identifies three main causes of war in the state of nature: the lack of a common judge, moral disagreement over the law of nature, and self-love. In this paper, I argue that the combination of these three factors does not guarantee that war will occur in every plausible scenarios of (...) Locke’s state of nature. Instead, in order for war to occur at least sometimes in every plausible scenario of Locke’s state of nature, there has to be some sort of epistemic deficit. In this paper, I show via the tools of modern game theory, how Locke’s state of nature may occasionally generate war by two kinds of epistemic problems implied by Locke’s own epistemology: disagreements in subjective probabilities, and uncertainty in other people’s moral motivation to use force to enforce the law of nature. The fact that war occurs primarily because of such epistemic problems suggests a role for a very limited form of government; namely, the ultra-ultra-minimal state, whose role is confined to solving such epistemic problems. (shrink)

This essay critically explores contemporary Euro-American feminist debate on prostitution. It argues that to develop analyses relevant to the experience of more than just a small minority of “First World” women, those who are concerned with prostitution as a form of work need to look beyond liberal discourse on property and contractual consent for ways of conceptualizing the rights and wrongs of “sex work.”.

Climate change represents a significant challenge to the entire planet and its inhabitants. While few, if any, will be able to escape totally the effects of climate change, it will fall most heavily, at least initially, on the poor, regardless of where they reside. We may observe already possible scenarios. The tragic situation in Darfur may be less an ethnic conflict and more a clash between marginal farmers and herdsmen in an increasingly more arid local climate. More powerful storms on (...) the scale of hurricane Katrina, which affected the poor more than other economic groups, may become commonplace. The alteration of the maple sugar cycle may be a harbinger of stress on the world’s flora and fauna that humanity depends upon. Mainstream climatologists have concluded that human behavior, primarily the effects of industrialization, causes human-induced climate change. Left unchecked climate change will have serious consequences for humanity, especially the poor. Business, the primary agent of industrialization, is both the problem and the solution. This paper will apply the ethics of philosophers John Rawls (the difference principle), Robert Nozick (the Lockean Proviso, climate is a natural resource), and Aristotle, along with the work of strategist Michael Porter. Understanding how climate change management fits into a firm’s strategic opportunity will contribute to the ability of business to develop the technologies and business processes necessary to cope with climate change. The paper will conclude with a brief discussion of GE’s Ecomagination program as an example of a promising moral response to climate change. (shrink)

Sometimes we draw conclusions about a thing's existence or its value by considering what are thought to be its consequences. I shall say that an argument is pragmatic when it consists in estimating an action, or any event, or a rule, or whatever it may be, in terms of its favourable or unfavourable consequences; what happens in such cases is that all or part of the value of the consequences is transferred to whatever is regarded as causing or preventing them.

The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced inventions. However, such (...) utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one's intellectual product is merely a modern western concept that is being ' advertised' as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound. (shrink)

The Basic-Income Guarantee is a governmental programme of income redistribution that enjoys an increasing predicament among academic and political circles. Traditionally, the philosophical defence for this programme has been articulated from the standpoint of social liberalism, republicanism, or communism. Recently, however, libertarian philosopher Matt Zwolinski also tried to reconcile the Basic-Income Guarantee scheme with libertarian ethics. To do so, he resorted to the Lockean proviso: to the extent that the institutionalization of private property impoverishes certain people by depriving their access (...) to natural resources, these people deserve compensation and the most pragmatic way of providing this is through a Basic-Income Guarantee. This paper examines Zwolinski’s arguments and responds by demonstrating that the Basic-Income Guarantee is incompatible with libertarian ethics: the current levels of poverty are not caused by the institutionalization of private property and the Basic-Income Guarantee does not constitute a pragmatic approach to eradicate poverty. (shrink)

Burgess-Jackson argues that the duties we have to our companion animals are similar to the duties we have to our children. Specifically, he argues that a person who takes custody of either a nonhuman animal or a child elevates the moral status of the child or animal, endowing each with rights neither had before. These rights obligate that person to provide for the well being of the creature—animal or child—in question. This paper offers two arguments against this position. First, a (...) creature's rights rest solely on the creature's intrinsic properties. Thus, the person taking custody of a creature does not endow the creature with new rights. Rather, the custodian assumes the responsibilities associated with ensuring that the creature's rights are protected and preserved. Second, our children possess intrinsic properties and, hence, rights—most important, the right to life—that our pets lack. This difference undermines the analogy on which Burgess-Jackson's argument depends. Our pets are not like our children, as Burgess-Jackson claims. Instead, they are more akin to our slaves. (shrink)

This paper expands on the political vision embedded in Donald Winnicott’s psychoanalytic work. It comments on Winnicott’s notion that individuality is produced by society, and adds that such production inevitably involves power asymmetry. It is argued that Winnicott values rights and property as communicative devices rather than as private enclosures held against society. However, it is also maintained that Winnicott thinks that social deliberation itself depends on a preceding objective instance that may be referred to as justice. Lastly, aspects of (...) Winnicott’s outlook that touch on ideas of welfare and distribution are examined, especially those concerning the relationships between the market and social agencies, and between the household and the state. It is suggested that these attributes point to an affinity Winnicott has with a progressive liberal trend dating back to Mill, the later manifestation of this liberalism being evident in the design of the 20th-century welfare state. It is concluded that it is for this polity that Winnicott wrote his psychological theory. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three (...) components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Claims about the potential of free software to reform the production and distribution of software are routinely countered by skepticism that the free software community fails to engage the pragmatic and economic ‘realities’ of a software industry. We argue to the contrary that contemporary business and economic trends definitively demonstrate the financial viability of an economy based on free software. But the argument for free software derives its true normative weight from social justice considerations: the evaluation of the basis for (...) a software economy should be guided by consideration of the social and cultural states which are the ultimate goals of any economic arrangement. That is, the software economy should be evaluated in light of its ability to provide justice. We conclude with a discussion of possible avenues for reform. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

``What Does a Right to Physician-Assisted Suicide (PAS) Legallyentail?''''Much of the bioethics literature focuses on the morality ofPAS but ignores the legal implications of the conclusions thereby wrought. Specifically, what does a legal right toPAS entail both on the part of the physician and the patient? Iargue that we must begin by distinguishing a right to PAS qua``external'''' to a particular physician-patient relationship from a right to PAS qua ``internal'''' to a particular physician-patientrelationship. The former constitutes a negative claim right (...) inrem that prohibits outside interference with the exercise of aright to PAS while the latter can provide the patient witha positive claim right in personam to obligatory assistancefrom his physician. Importantly, I argue that the creation of sucha patient right, however, originates with the physician who may exercise an unqualified right of first refusal prior to promisingto help her patient commit suicide. In doing so, I hope to establishthat explicit physician promises of assistance in dying shouldbecome legally binding. As such, current PAS law in both theNetherlands and Oregon is in need of substantive modification. (shrink)

Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to (...) benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries. (shrink)

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

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is a (...) part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

The examination of the modern construction of subject is not over yet. Although many thinkers have exhausted its conceptual ambiguities and practical consequences, its impact is far from fully understood without an analysis of the construction of childhood for the future subject. In this essay, I problematize five constructions of childhood that emerged in the modern time and scrutinize the impasses of logic or conceptual ambiguities within, along with the practical consequences thereof. I explore how the modern construction of childhood (...) is problematic in and of itself, as well as the light it sheds on the deeply embedded ambiguities and aporia :75–88 2007) in the construction of the modern subject. This paper will untangle the problems associated with each of these constructs and their respective implications for the making of the modern subject. (shrink)

Is a basic income ethically justifiable? This article offers several arguments in favor of a basic income from the perspective of Robert Nozick’s historical theory of justice. The first section outlines three basic principles of Nozick’s theory and explains its connections to libertarianism and natural rights theory. The second section argues for the adoption of the Lockean proviso as a limitation on the principle of original appropriation. It then presents three interpretations of the Lockean proviso: the Nozick’s proviso, the sufficiency (...) proviso, and the egalitarian proviso. All three provisos, albeit on different grounds, offer justification for a basic income. The third section turns to the principle of rectification of historical injustice. Together with Rawls’s difference principle and Steiner’s liberal theory of exploitation, the principle of rectification can also provide a justification for a basic income. The article concludes that, from an ethical perspective, a basic income is a promising form of redistribution. (shrink)

Ion Dur is an authentic scholar. His working methods, his interest and freshness of his discourse are placing him among the active contemporary Romanian philosophers and critics. Among the constant coordinates of his work are the attempt to guide readers "towards the North point of value". Ion Dur distinguishes himself by depth of his analysis on culture, criticism and journalism. The aim of this study is to offer, to young researchers and others as well, an Ariadne‘s Thread to the hermeneut‘s (...) work. In preparation of this article, extensive documentation was made and most diverse sources have been used in order to illustrate the author's ideas and to highlight the warm reception of his writings. Among others, in 1995, the essayist has re-established Sæculum, a journal founded by Lucian Blaga, in 1943, coordinated by Ion Dur for 20 years. We are writing this article in honorem to a scholar and an university Professor who this year climbed onto the seventieth step of his life. (shrink)