Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being alive’, (...) and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

To consequentialise a moral theory means to account for moral phenomena usually described in nonconsequentialist terms, such as rights, duties, and virtues, in a consequentialist framework. This paper seeks to show that all moral theories can be consequentialised. The paper distinguishes between different interpretations of the consequentialiser’s thesis, and emphasises the need for a cardinal ranking of acts. The paper also offers a new answer as to why consequentialising moral theories is important: This yields crucial methodological insights about how to (...) pursue ethical inquires. (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)

Corporate social responsibility is a tortured concept. We review the current state of the art across a number of academic disciplines, from accounting to management to theology. In a world that is increasingly global and pluralistic, progress in our understanding of CSR must include theorizing around the micro-level processes practicing managers engage in when allocating resources toward social initiatives, as well as refined measurement of the outcomes of those initiatives on stakeholder and shareholder interests. Scholarship must also account for the (...) influence of diverse, and even maladaptive, stakeholders as well as more fully incorporate non-Western philosophical and economic perspectives. Based on this review, we pose five questions that scholars from each of these disciplines should address as the CSR field moves forward. We hope our questions provoke deeper thinking and greater rigor and attention to detail in this important area of business research. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...) labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

This paper engages with a specific problem concerning the relationship between descriptive and normative claims. Namely, if we understand that descriptive claims frequently contain normative assertions, and vice versa, how then do we interpret the traditionally rigid distinction that is made between the two, as ’Hume’s law’ or Moore’s ’naturalistic fallacy’ argument offered. In particular, Kripke’s interpretation of Wittgenstein’s ’rule-following paradox’ is specially focused upon in order to re-consider the rigid distinction. As such, the paper argues that if descriptive and (...) normative claims are not mutually exclusive, then we need a new framework with which to understand this relationship. In this regard, the paper borrows from concerns with vagueness, particularly using a degree-theoretic approach in terms of subjective probability, in an attempt to graphically figure out these differences. Consequently, the paper tentatively proposes the hyperbola model in which degrees of normativity and degrees of descriptivity could be expressed and measured. It is hoped, as a result, that this tentative proposal will contribute to deepening the debate on vagueness in general. (shrink)

There are at least three dimensions to rights. We may have and lack freedom to 1) be, 2) do, and 3) have. These dimensions reformulate Locke’s categories, and are further complicated by placing them within the context of domains such as natural or civil rights. Here the question of the origins of rights is not addressed, but issues concerning how we may contextualize them are discussed. Within the framework developed, this paper makes use of Actor-Network Theory and Enlightenment values to (...) examine the multidimensionality and appropriateness of animal rights and human rights for posthumans. The core position here is that rights may be universal and constant, but they can only be accessed within a matrix of relative cultural dimensions. This will be true for posthumans, and their rights will be relative to human rights and dependent on human and posthuman responsibilities. (shrink)

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

As a grand narrative of progress, the utopian project of modernity is primarily concerned with notions of rationalism, universalism, and the development of a metalanguage. The triumph of the Moderate Enlightenment has seen logics of domination, accumulation and individualism incorporated into the project of modernity, with these logics giving rise to globalised capitalism as the metalanguage of modernity and neoliberal economics as the grand narrative of rational progress. The project of modernity is all but complete, requiring only the formality of (...) an end. However, rather than utopia, the foreseeable endpoint of modernity is environmental collapse, with neoliberal economics also serving as a grand narrative of environmental destruction. As an anti-modern response, postmodernism has been a triumphant failure. While there is much to be gained from the postmodern critique of modernity, its incredulity towards metanarratives has left it incapable of forming an adequate response to modernity, especially in regards to action on climate change. Postmodernism is better characterized as a crisis located within modernity itself and it will be argued that rather than the pursuit of the modern or the post-modern, we need to re-imagine ourselves as proto- historical to overcome the impasse of late-capitalism. (shrink)

The concept of autonomy as self-sovereignty is developed in this essay through an examination of the thought of American transcendentalist philosophers Emerson and Thoreau. It is conceived as the quality of living in accordance with one’s inner nature or genius. This conception is grounded in a transcendentalist moral anthropology that values independence, self-reliance, spirituality, and the capacity to find beauty in the world. Though still exerting considerable popular and academic influence, both the concept of autonomy as self-sovereignty and the underlying (...) anthropology diverge in important ways from counterparts that are prominent in contemporary bioethics. Autonomy as self-sovereignty calls into question the manifold ways that patients (and citizens) are brought to heel by institutional (and political) values they do not themselves affirm. It also emphasizes the inevitable deep plurality of moral visions of health and appropriate healthcare, rejecting tendencies (strong in mainstream bioethics) to regard “health” as a univocal concept or healthcare as a basic need, to attempt to conform “reasonable” clinical decision-making to a single model, and to appoint government as a guarantor of access to healthcare or a regulator of healthcare standards. Autonomy as self-sovereignty, like its competitors, can justify itself only in question-begging terms. Still, bioethics might do well to recognize it within the mix of moral visions. (shrink)

There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) property rights are legitimate (...) only when necessary, (2) necessary only to avoid injury resulting from one party’s use or possession of a good over others’, and (3) that such injury is possible only where there is scarcity. While I accept (1) (at least for the sake of argument), I argue that each of three prominent theories of the justification of property rights cast doubt on (2) and (3). As it turns out, at the theoretical level, there are a number of different ways of dealing with this conflict. However, I argue, no matter which theoretical path one takes, it turns out that the practical implications of the relationship between property rights and scarcity have been woefully misconstrued. Finally, I recount an independent argument for the thesis under consideration and argue that, whether or not it is successful against IP, it does not extend as an argument against ownership of non-scarce goods in general. This serves to further highlight the need to distinguish arguments for the thesis under consideration from arguments against IP. (shrink)

This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. Secondly, (...) the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

This paper considers the implications of Hannah Arendt's criticisms of Frantz Fanon and the theories of violence and politics associated with his influence for our understanding of the relationship between those two phenomena. Fanon argues that violence is a means necessary to political action, and also is an organic force or energy. Arendt argues that violence is inherently unpredictable, which means that end reasoning is in any case anti-political, and that it is a profound error to naturalize violence. We evaluate (...) their respective arguments concluding that in her well-founded rejection of the naturalization of violence, Arendt's understanding of the embodied nature of violence is less insightful than Fanon's. (shrink)

John Locke (1632—1704) and Georges Sorel (1859—1922) are commonly understood as representing opposed positions vis-a-vis revolution — with Locke representing the liberal distinction between violence and politics versus Sorel's rejection of politics in its pacified liberal sense. This interpretation is shown by a close reading of their works to be misleading. Both draw a necessary link between revolution and violence, and both mediate this link through the concept of `war'. They both depoliticize revolution, as for both of them `war' is (...) understood as extra-political. The revolutions of 1989 emphasize what actually is true of previous revolutions: they cannot coherently be thought of as extra-political. (shrink)

The redefinition of rights of equality and liberty by radical and deliberative democrats during the last decades of the 20th century resulted in the denial that a consideration of property is integral to political philosophy. Theorizing property as intrinsically political demands a return to Marx but on terms he may not have recognized. I outline a politics of property in this paper contending that there can be no universal justification for any regime of property. Property is by definition the institution (...) of a wrong. The articulation of something as property establishes a border, determining what can be owned, how far ownership extends, where it is limited, as well as terms of use and terms of abuse. It establishes a set of property relations, and defines a vocabulary of the proper. Here sovereign state power is enlisted to enforce relations of property beneficial to some, but not all. A challenge to any political regime must of necessity put in to question both the forms of proper behaviour, and the regime of property. These are intrinsically related to each other. I conclude by arguing that democracy is always improper. Property, in all of its forms entails enclosure. Enclosure requires the drawing and the maintenance of boundaries of exclusion and inclusion. The sovereign determination of the proper, as well as of the exception to the proper defines trespass. Trespass is a form of democratic enactment when, and if, it destabilises enclosure. (shrink)

In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...) point about philosophical argumentation, namely, that anticipating objections to one’s claim is not the same as supporting one’s claim. In other words, defending p from objections does not amount to support or evidence for p. This, in turn, presents dialectical and pragma-dialectical approaches to argumentation with the following question: does proper argumentation require that arguers anticipate and respond to unconceived objections? (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make freedom meaningful, its societal (...) accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...) satisfactory account of promising. A new conventionalism can explain this by appealing to special features of social conventions. Two of these special features have important implications for any moral requirements they mediate, such as the requirement to keep one's promises and the moral requirements attached to social or occupational roles. First, these requirements will not depend on features of a situation that are inaccessible to typical participants in the convention. Second, these requirements often cannot be tailored to fit the overly unusual circumstances of participants. (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

Research Articles Thomas G. West, Social Philosophy and Policy, FirstView Article.

This article leverages insights from the body of Adam Smith’s work, including two lesser-known manuscripts—the Theory of Moral Sentiments and Lectures in Jurisprudence —to help answer the question as to how companies should morally prioritize corporate social responsibility (CSR) initiatives and stakeholder claims. Smith makes philosophical distinctions between justice and beneficence and perfect and imperfect rights, and we leverage those distinctions to speak to contemporary CSR and stakeholder management theories. We address the often-neglected question as to how far a company (...) should be expected to go in pursuit of CSR initiatives and we offer a fresh perspective as to the role of business in relation to stakeholders and to society as a whole. Smith’s moral insights help us to propose a practical framework of legitimacy in stakeholder claims that can help managers select appropriate and responsible CSR activities. (shrink)

The article discusses two basic paradigms of western educational theory, namely the concept of “influence” and the concept of “development”. Two historical contextes are analyzed, John Locke's theory of human learning and Jean-Jacques Rousseau's theory of natural development. Both theories are rejected in favour of a position beyond “influence” and “development”. This position of a theory of education ( Erziehung ) is marked with the term “moral communication”.

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)

Liberals and Marxists alike have had a stake in making Marx non?liberal in theory and anti?liberal in practice. My re?reading of his work and life emphasizes the considerable overlaps and continuity between his views and activities and the liberalism of his day and ours. Marx?s critique of liberalism thus becomes subtler and less easily dismissed by liberals, who would do well to confront the violence and class struggle inherent in the success of the liberal project, rather than to erase this (...) in favour of an idealized doctrine and sanitized history. I identify an irony in that Marx politicized reason and reasonableness long before anti?foundational ?post?Marxists? developed their ?political? critique of traditional Marxist conceptions of truth and science. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

The author argues that Thomas Hobbes anticipates a set of questions about meaning and semantic order that come to fuller expression in the 20th century, in the writings of W.V.O. Quine, Ludwig Wittgenstein, Donald Davidson, Jacques Derrida, and Richard Rorty. Despite their different points of departure, these 20th-century writers pose a number of profound questions about the conditions for the stability of meaning, and about the conditions that govern the use of the term “language” itself. Though the more recent debate (...) benefits from a set of philosophical tools unavailable in the seventeenth century, the author further argues that Hobbes performs a number of maneuvers in his texts from which his 20th-century successors would profit. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...) and Kolers further suggest that definitions of parenthood are underpinned by the assumption that ‘being causally implicated in the creation of a child is the key basis for being its parent’.2 This paper examines the claim that genetic relatedness is sufficient grounds for parenthood based on a causal connection between genetic parents and their offspring. I argue that parental obligations are about moral responsibility and not causal responsibility because we are not morally accountable for every consequence to which we causally contribute. My account includes the conditions generally held to apply to moral responsibility, i.e. freedom and foreseeability. I argue that parental responsibilities are generated whenever the birth of a child is a reasonably foreseeable consequence of voluntary actions. I consider the implications of this account for third parties involved in reproductive technologies. I argue that under some conditions the obligations generated by freely and foreseeably causing a child to exist can be justifiably transferred to others. (shrink)

The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which the UN is itself (...) grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

ABSTRACTThe affinities between Jean Bodin's and King James VI/i's political theories have been recognized, and the fact that James had owned Bodin's Six livres de la république has been recorded, but Bodin's specific influence on James has remained nebulous. This article examines the evidence for James's direct engagement with Bodin, by studying James's copy of the Six livres alongside James's political treatises. It provides substantial new archival evidence for Bodin's influence on James's political thought and, thereby, on Scottish and English (...) theories of sovereignty. (shrink)

What can international courts say when criminals ask, by what right do you try me? Some authors attempt to draw a connection between humanity's responsibility to call offenders to account and the harm humanity has suffered as a consequence of the offender's crimes. Others have argued that there need not be a special connection between those calling to account and the offenders, as the right to punish offenders is a general right each and every person has. Both lines of argument (...) are ultimately unconvincing. Instead, I argue for a modified version of the second position which proposes a democratically based theory of responsibility for punishment held by international criminal law institutions. (shrink)

Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just (in the stipulated sense) may (...) be morally wrong. (shrink)

Augmented reality blends the virtual and physical worlds such that the virtual content experienced by a user of AR technology depends on the user’s geographical location. Games such as Pokémon GO and technologies such as HoloLens are introducing an increasing number of people to augmented reality. AR technologies raise a number of ethical concerns; I focus on ethical rights surrounding the augmentation of a particular physical space. To address this I distinguish public and private spaces; I also separate the case (...) where we access augmentations via many different applications from the case where there is a more unified sphere of augmentation. Private property under a unified sphere of augmentation is akin to physical property; owners retain the right to augment their property and prevent others from augmenting it. Private property with competing apps is more complex; it is not clear that owners have a general right to prevent augmentations in this case, assuming those augmentations do not interfere with the owner’s use of the property. I raise several difficult cases, such as augmenting a daycare with explicit sexual or violent images. Public property with competing apps is relatively straightforward, and most augmentation is ethical; those apps simply function like different guidebooks. Under a unified sphere of augmentation it is unclear whether augmentations should be treated more like public speech or graffiti or some of each. Further consideration is needed to determine what kinds of augmentations we view as ethical. (shrink)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)

In our commonplace understanding of property, the “right to exclude” is seen as its central and defining feature: to own is to exclude. This paper examines the cost, to conceptual and normative clarity, of this understanding. First, I argue that the right not to be excluded is a crucial if overlooked element not simply of liberal understandings of ownership, but even of the right to exclude itself. Second, I argue that our neglect of the right not to be excluded severely (...) undermines the clarity and precision with which matters of ownership are debated within both contemporary politics and political philosophy. (shrink)

This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...) discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)

This thesis focuses on the evolution of human social norm psychology. More precisely, I want to show how the emergence of our distinctive capacity to follow social norms and make social normative judgments is connected to the lineage explanation of our capacity to form shared intentions, and how such capacity is related to a diverse cluster of prototypical moral judgments. I argue that in explaining the evolution of this form of normative cognition we also require an understanding of the developmental (...) trajectory of this capacity. For this purpose, the thesis is organized as follow. In the first chapter, I make some methodological remarks and provide the general overview and plan for the dissertation. In the second chapter, I explain what my explanatory target is and why it matters. On the view I am defending, shared intentional psychology gives rise to a special form of psychology that enables us to engage in social normative thinking. These norms are represented as shared intentional states. Moral psychology, in contrast, is more diverse. For moral judgments define a quite heterogeneous class of mental states—although some moral judgments may involve the representation and execution of norms, certainly not all of them do. I show that although much of our distinctive social norm psychology can be explained within the framework of shared intentionality, moral judgments cannot be unified in the same way. In the third chapter, I provide the baseline of social-cognitive capacities that serve as starting point for my lineage explanation. I argue that hominin social cognition was for a very long period of our evolutionary history essentially a matter of low-level cognitive and motivational processes. On this picture, bottom-up affective processes regulated the social lives of early hominins without requiring any special top-down mechanism of normative thinking such as a capacity for understanding and representing social norms. In the fourth chapter, I argue that human-like social norm psychology evolved as a result of the selective pressures that gave rise to shared intentionality, especially the demands that came from collective hunting. Yet collective hunting was not the whole story of the evolution of shared intentionality, for our capacity to form shared intentional mental states emerged from the interplay between the selective pressures that led to cooperative breeding in humans as well as organized, goal-oriented, collective hunting. Thus, I propose an evo-devo account of shared intentionality and its normative dimension since I argue that explaining the evolution of this particular form of normative thinking crucially depends on information about the developmental trajectory of this capacity. Finally, in the fifth chapter, I focus on how social norms are acquired and how the way we learn them gives rise to some prototypical cluster of moral judgments. Thus, this chapter returns to some of themes and arguments of the first chapter by explaining how the distinction between moral judgments and nonmoral judgments can be culturally transmitted. (shrink)