In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional essentials and non-essentials, (...) and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (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)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

This paper contributes to the computer ethics debate on software ownership protection by examining the ontological, methodological, and ethical problems related to property right infringement that should come prior to any legal discussion. The ontological problem consists in determining precisely what it is for a computer program to be a copy of another one, a largely neglected problem in computer ethics. The methodological problem is defined as the difficulty of deciding whether a given software system is a copy of another (...) system. And the ethical problem corresponds to establishing when a copy constitutes, or does not constitute, a property right infringement. The ontological problem is solved on the logical analysis of abstract machines, and the latter are argued to be the appropriate level of abstraction for software at which the methodological and the ethical problems can be successfully addressed. (shrink)

This paper reconstructs the ways in which metaphors are used in the text of “The Wealth of Nations”. Its claims are: a) metaphor statements are basically similar to those in the “Theory of the Moral Sentiments”; b) the metaphors’ ‘primary subjects’ refer to mechanics, hydraulics, blood circulation, agriculture, medicine; c) metaphors may be lumped together into a couple of families, the family of mechanical analogies, and that of iatro-political analogies. Further claims are: a basic physico-moral analogy is the framework for (...) Smith’s psychological theory as well as for his overall social theory and for his theory of market mechanisms; a iatro-mechanical analogy is as pervasive as the physico-moral analogy and provides the framework for his overall evolutionary theory of society; the invisible-hand simile relies on the physico-moral analogy, and elaborates on the role of vis attractiva and vis a tergo in mechanics. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

The idea of homesteading can be extended to the realm of biological entities, to the ownership of information wherein organisms perform artifactual functions as a result of human development. Can the information of biological entities be ethically “homesteaded”: should humans (or businesses) have ownership rights over this information from the basis of mere development and possession, as in Locke’s theory of private property? I offer three non-consequentialist arguments against such homesteading: the information makeup of biological entities is not commonly owned, (...) and thus is not available for homesteading; the value of the individual biological entity extends to the information whereby it is constituted, and includes inalienable rights of an entity over itself and its information; and use of life as an information artifact makes an organism an unending means to an end rather than an end itself. I conclude that the information space of biological entities is not open for homesteading, not liable to private ownership, and should not be available for perpetual exploitation. (shrink)

In this essay I develop a Marxist-informed anticolonialist position, and from this position I assess the role of law in the early Canadian settler-state. I claim that the flexibility of law is a measure of its restitutive and exploitative facets, such facets that operate dialectically as a means of moderating between the settler-state’s liberal democratic ideals and its capitalist imperatives. Law plays an integral role in this context because, by performing this moderating function, it stabilizes the socio-economic order of the (...) emergent settler-state. In the second half of this essay, I enrich my theoretical analysis by examining the variable legal subjectivity of early Ukrainian immigrants to Canada. This historical perspective allows me to illuminate the intricacies of the logic that informs law’s flexibility, and to show how the liberal democratic principle of freedom was—and continues to be—both extolled and compromised by the law’s moderating function. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

It is now commonplace for governments in Western countries to require the unemployed to work in exchange for their unemployment benefits. In this article I raise some serious doubts about the most promising and philosophically interesting defence of this argument, which relies on the ‘principle of reciprocity’. I argue that it is seriously unclear whether the obligations imposed on welfare claimants by ‘workfare’ schemes are legitimate and justified according to the principle of reciprocity. I do this by reconstructing the arguments (...) for the obligations of the unemployed put forward in both the United Kingdom and Australia. (shrink)

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are (...) the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property. (shrink)

When a series of corporate scandals erupted soon after the collapse of the 1990s bull market in equities, policy makers and reformers chiefly responded by augmenting and refining the checks and balances surrounding publicly traded corporations. Through measures such as the Sarbanes-Oxley Act of 2002, securities regulations were intensified and corporate governance was tightened. In essence, reformers followed the tradition of modern political philosophy, developed in the 17th and 18th centuries, in its insistence that pro-social outcomes are best produced through (...) institutional mechanisms that harness self-interest. The empirical evidence, however, suggests the institutional approach will do little to prevent future ethical breakdowns. To corroborate this finding, we survey the literature on board composition, auditor consulting practices, shareholder activism, and executive compensation. Consequently, we look to another stream of political philosophy, the ancient tradition comprising Plato and Aristotle, which argues that social groupings, such as corporations, work best when led by individuals of good character. Applying the ancient view to modern commercial realities, the paper concludes that Benjamin Franklin's attempt to connect virtuous character with enlightened self-interest offers a compelling ethic for corporate leaders. (shrink)

I argue that capitalism presents a threat to “democratic contestation”: the egalitarian, socially distributed capacity to affect how, why, and whether power is used. Markets are not susceptible to mechanisms of accountability, nor are they bearers of intentions in the way that political power-holders are. This makes them resistant to the kind of rational, intentional oversight that constitutes one of democracy’s social virtues. I identify four social costs associated with this problem: the vulnerability of citizens to arbitrary interference, the insensitivity (...) of markets to relevant interests, failures of trust in the market system, and the inhibition of social deliberation about matters of public concern. I make general two suggestions about how we might ameliorate these problems: First, as a way of introducing some measure of intentionality to large-scale patterns of business activity, the reconceptualization of such activity as participation in larger group actions; second, the development of deliberative bodies that bring together business actors, policy experts, and diverse citizens in an effort to better characterize and transmit the public values that business should serve. (shrink)

This article provides a survey of existing studies of majority rule, outlines misconceptions of majority rule, and highlights underexplored fields of research. It argues that the reasons why the minority complies with majority decisions have been underexplored.

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal 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)

The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can (...) be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso. (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)

This paper argues that individuals do, in a sense, own or have exclusive claims to control their personal information and body parts. It begins by sketching several arguments that support presumptive claims to informational privacy, turning then to consider cases which illustrate when and how privacy may be overridden by public health concerns.

Hume is rightly credited with giving a brilliant, and perhaps the best, account of justice as convention. Hume's importance as a forerunner of modern economics has also long been recognized. However, most of Hume's readers have not fully appreciated how closely Hume's analysis of convention foreshadows a particular branch of economic theory, namely, game theory. Starting with the work of Barry, Runciman and Sen and Lewis, there has been a flowering of literature on the informal game-theoretic insights to be found (...) in classics of political philosophy such as Hobbes, Locke, Hume and Rousseau. A number of authors in this tradition, including Lewis, Gauthier, Mackie, and Postema, have identified passages in Hume which they interpret as giving informal examples of specific games. Yet, unlike his predecessors, Hobbes and Locke, Hume does much more than present examples which have a game-theoretic structure. In his account of convention, Hume gives general conditions which characterize the resolution of social interaction problems, and in the examples he uses to illustrate this account, Hume outlines several different methods by which agents can arrive at such a resolution. Hume's general account of convention and his explanations of the origins of particular conventions together constitute a theory of strategic interaction, which is precisely what game theory aspires to be. (shrink)

Although Frederick Douglass disclaimed any patriotism or love of the United States in the years when he considered its constitution to be pro-slavery, I argue that he was in fact always a patriot and always a lover of his country. This conclusion leads me to argue further that patriotism is not as expressly political as many philosophers suppose. Patriots love their country despite its politics and often unreasonably, although in loving their country they are concerned with its politics. The greatest (...) among them freely dedicate themselves selflessly to the improvement of their country, partly because they love it, and partly because they are moved to take on great projects. (shrink)

The paper examines the current debates regarding the grounding of human rights in a pluralistic, culturally diverse world. It analyses the challenges which come today from certain policies of human rights which instrumentalize them under the pretext of a “global war on terror” and redefi ne them in terms of democracy promotion and regime change, as well as those challenges which come from ideologies which question the core principles of human rights and provoke the so called “crisis of legitimization.” The (...) paper argues for the necessity of restoring the genuine meaning of human rights and of the role of citizens in striving for their implementation. At the heart of the analysis is Kant’s concept of human rights as freedom. With Kant as its backdrop, the paper shows that the claim that religious worldviews provide the only intelligible foundation, as in Nicholas Wolterstorff, faces serious challenges in a pluralistic, culturally diverse world. The paper then analyzes the non-religious philosophical concepts which seek to develop an account of human rights that does not depend upon controversial metaphysical or religious doctrines. It examines an account of human rights from the perspective of discourse ethics as developed by Karl-Otto Apel and Jürgen Habermas. It also analyses the concepts of human dignity and “emerging morality” by Arturo Roig and the “ethics of liberation” by Enrique Dussel. The analysis shows the ongoing relevance of Kant’s ideas and their recent development by the theorists of discourse ethics and of dialogical and democratic cosmopolitanism. (shrink)

Agricultural research and education ended 100 years of funding under the Hatch Act with a decade of unprecedented criticism of goals and outcomes. This paper examines the way that planners can accommodate some of these criticisms within a framework for understanding the ethical and social goals of agriculture that is consistent with traditional practice. The paper goes on to state that some criticisms are so fundamental that they cannot be readily incorporated into this framework. They must be regarded as a (...) challenge, both politically and intellectually, to longstanding practices within academic institutions devoted to agriculture. (shrink)

The author considers James’ (1910) essay The Moral Equivalent of War and applies some of its ideas to another pressing problem of our times, which for short is called greed, but can be described more precisely as the working out of the possessive market society under the conditions of neoliberalism and great technological power. James considered that pacifists had the best arguments, but failed to persuade mainstream society. The same can be said today of the critics of neoliberalism. There is (...) need for radical change away from an unjust and dysfunctional economic system, but mainstream society is unwilling to try new ideas. The present author adapts James’ idea and considers benign and malign forms of greed. What we all desire, more than huge monetary assets, is self-respect and social respect. There are already many rewards that are not primarily monetary. In a radically different culture, which rejected the principles of unlimited accumulation and almost unlimited convertibility, benign rewards would motivate constructive activity. The moral equivalents of greed briefly discussed here are—Honours and prizes for merit (administered justly); Celebrity (important in society); Luck (gambling, with certain constraints, could be benign); Power (rewarding in itself, so large monetary gain need not go with it); Services (people making important contributions to society could concentrate their commitment); Temporary custody of public treasures (a privilege prized by some). The essay ends by linking James’ idea, the Faustian bargain myth, and the necessity of hope. (shrink)

Research Articles Michael S. Moore, Social Philosophy and Policy, FirstView Article.

Abstract: This article provides an account of the meaning of reparations and presents a brief explanation as to why African Americans believe they are entitled to reparations from the United States government. It then goes on to explain why reparations are necessary to address the distrust that is thought to exist between many African Americans and their government. Finally, it rejects the belief that reparations require reconciliation.

This paper traces the intellectual development of the workplace privacy construct in the course of American thinking. The role of technological development in this process is examined, particularly in regard to the information gathering/dissemination dilemmas faced by employers and employees alike. The paper concludes with some preliminary considerations toward a theory of workplace privacy.

In recent years, there has been renewed controversy about monuments to the Confederacy: these monuments, their detractors insist, are instruments of white supremacy—and, as such, ought to be lowered immediately. The dialectic is by now familiar: though some insist that these monuments are mere sites of memory, others note the relevant memory is that of the Confederacy—and that, because of this, the monuments are inevitably racist. Worse, the monuments were raised by racist individuals for racist ends; no surprise, then, that (...) so many experience them as racist—that is, as instruments of white supremacy. For all of these reasons, the monuments ought to be lowered. -/- And probably it is so. But what does one do when the instrument of white supremacy is a mountain? What does one do, moreover, when it is less than clear whether that mountain is an instrument of white supremacy? What does one do, in other words, when that mountain is a monument to a regime only ambiguously racist? What does one do when it was raised by a racist individual for a racist end—but has since that time come to be seen as a monument to precisely the opposite ideals? What does one do, in other words, when it is experienced by most not as a symbol of white supremacy but as a symbol—indeed, as the symbol—of freedom and equality? -/- What does one do, in short, with Mount Rushmore at this moment—that is, in the wake of the Charleston shooting and the Charlottesville rally? And can the experience of those who saw the mountain prior to its status as a monument—that is, the Lakota—illuminate this question? In this essay, I examine these monumental questions. I ask them—and try to answer them—first as a consequentialist, second as a deontologist, and third as a virtue ethicist. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

The importance of representation in modern politics leads authors to define this concept with the help of different paradigms – from law to drama. The concern with a higher degree of democracy among populations leads to strength representation and its political premises. This concern is supported by the issue of guaranteeing both legitimacy and plurality. Responses to this issue correspond to the rise of many different normative views of political communities.

The purpose of this response piece is to summarize what is meant by “critical religion” as a contribution to the ongoing debates within the discipline, and specifically in relation to critical research on religion.

Aquinas’s conception of the relationship of faith and reason calls into question the arguments and some of the conclusions advanced in contributions to the debate on physician-assisted suicide by David Thomasma and H. Tristram Engelhardt. An understanding of the nature of theology as based on revelation calls into question Thomasma’s theological argument in favor of physician-assisted suicide based on the example of Christ and the martyrs. On the other hand, unaided reason calls into question his assumptions about the nature of (...) death as in some cases a good for the human person. Finally, if Aquinas is right about the relationship of faith and reason, Engelhardt’s sharp contrast between “Christian” and “secular” approaches to physician-assisted suicide needs reconsideration, although his conclusions about physician assisted suicide would find support. (shrink)

Los primeros parágrafos de la sección “El derecho privado” de la Doctrina del derecho de Kant incluyen el conjunto de los elementos sistemáticos que conciernen a la justificación de los derechos relativos a la propiedad. El propósito central de este trabajo es analizar la función sistemática del concepto de “posesión común originaria” en la doctrina kantiana de la propiedad, con especial interés en el sentido novedoso que adquiere ese concepto —que pertenecía a la tradición del derecho natural— en su reformulación (...) como un “concepto práctico de la razón, que contiene a priori, el principio según el cual tan solo los hombres pueden hacer uso del lugar sobre la tierra siguiendo leyes jurídicas”. (shrink)

An important issue for information ethics is how much control people should have over the dissemination of information that they have created. Since intellectual property policies have an impact on our welfare primarily because they have a huge impact on our ability to acquire knowledge, there is an important role for epistemology in resolving this issue. This paper discusses the various ways in which intellectual property policies can impact knowledge acquisition both positively and negatively. In particular, it looks at how (...) intellectual property policies can affect the amount of information that people create, the quality of that information, the accessibility of that information, the diversity of that information, and the locatability of that information. (shrink)

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

This paper is an exploration of the nature of what is perhaps the most widely recognized justification for inflicting harm on human beings: the appeal to defense (self-defense and other-defense). I develop and defend a rights-based account of the appeal to defense that takes into account whether and to what degree both the aggressor and his potential victim are morally responsible for the relevant threat. However, unlike most extant rights-based accounts, mine is not a forfeiture account. That is, I do (...) not attempt to explain the permissibility of defense in terms of the aggressor’s loss of a right not to be harmed. Instead I appeal directly to the fact that defense in the relevant cases prevents the aggressor from infringing upon the rights of his potential victim. Accordingly, I call my account a “prevention account.”. (shrink)

This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima (...) facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay. (shrink)

The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership is twofold: ownership (...) will protect the basic human rights of privacy and autonomy and it will enable the data subjects to share in the tangible benefits of the genetic research. Proponents of this viewpoint often cite the principle of genetic exceptionalism, which asserts that genetic information needs a higher level of protection than other kinds of personal information such as financial data. We argue, however, that the recognition of such ownership rights would lead to inefficiency along with the disutility of genetic discoveries. Biomedical research will be hampered if property rights in genes and genetic material are too extensive. We contend that other mechanisms such as informed consent and strict confidentiality rules can accomplish the same result as a property right without the liabilities of an exclusive entitlement. (shrink)

During the past two centuries, and in particular during the inter-war period, American ways of living and of thinking have become one principal object of European reflections on modernity. This essay explores some of the ways in which the rejection or affirmation of modernity in Europe has been channelled through observations on America. It is argued that the variety of European ways of looking at America also demonstrates the range of forms available to social theory for thinking the social world (...) under conditions of modernity and that this European debate provided some seeds for the current discussion about `multiple modernities'. (shrink)

Billy Wilder's classic film ‘Some Like It Hot’ prefigures Judith Butler's concept of performativity in relation to sex, gender and sexuality. Butler introduced this in Gender Trouble , demonstrating that sex, gender and sexuality are naturalized effects of citation and repetition. In that text she explains that denaturalization is visibly demonstrated by drag. Later in Bodies that Matter she argues that drag in ‘Some Like It Hot’ does not denaturalize heterosexuality, but rather fortifies it. What then for Butler divides denaturalizing (...) drag from non-denaturalizing drag? Butler locates denaturalizing drag in the film ‘Female Trouble’ , where Divine's drag-queen persona satirizes gender in a hyperbolic performance. However, Butler misconstrues the cross-dressing performances in ‘Some Like It Hot’ as drag, which are better understood as instances of theatrical disguise. Narrative analysis reveals that all the characters in ‘Some Like It Hot’ function within a dystopian critique of heteronormativity. Because the film takes a performative view of sex, gender and sexuality, it can validate three queer couples who defy the strictures of heterosexual romance. Butler thus overlooks a discourse of critique and destabilization alternative to gay perspectives. Current developments in sexual politics, broadly conceived, track both Butlerian concepts of performativity and dystopian critiques of heteronormativity. (shrink)

This paper considers whether professional codes of ethics are enforceable, legitimate, and just. In analyzing codes of ethics in this way, one must consider whether they exist to benefit members of the profession, or society as a whole. The analysis shifts dramatically based on this question, as codes of ethics are typically created by members of the profession, not by representatives of the larger population, and where they are enforced, they are only enforced among members of the profession. However, professional (...) codes of ethics have an impact on those outside the profession, or the larger society outside the smaller community that created them. (shrink)