This article offers a Kantian account of dignity violations in the context of contemporary migration to western states. It considers three major issues: “modern slavery,” statutory detention, and lack of rights to engage in economic activity. While most Kantian accounts emphasize the dignity violations of treating people as “mere means,” we point out that this does not capture the central issue: the “hostile environment” that so many migrants face. The first part of the article briefly sets out a Kantian account (...) of dignity violations. The second part highlights two key differences between modern slavery and its historical forebears. It emphasizes the interpersonal rather than institutional character of modern slavery, and distinguishes trafficking from smuggling. The third part argues that migrants who lack formal rights to remain and work face institutional exclusions that violate human dignity. Policies that aim to discourage and restrict immigration demean people’s status as ends in themselves. Moreover, they do so by actively denying opportunities to act as means for others. As such, the article draws a link between Kant’s well-known cosmopolitan right not to be treated with hostility and his less well-known ethical duty, “to be a useful member of the world.” Dignity can be found in acting as a means for others; hostility and exclusion can violate dignity just as much as instrumentalization. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

The principle of moral equality is one of the cornerstones of any liberal theory of justice. It is usually assumed that persons’ equal moral status should be grounded in the equal possession of a status-conferring property. Call this the property-first approach to the basis of moral equality. This approach, however, faces some well-known difficulties: in particular, it is difficult to see how the possession of a scalar property can account for persons’ equal moral status. A plausible way of circumventing such (...) difficulties is to explore another avenue for the justification of persons’ equal moral status: moral equality should be grounded in the wrongness of treating others as inferiors. Call this the relation-first approach to the basis of moral equality. This paper aims at providing some reasons as to why this approach should be rejected and clarifying why the property-first approach still represents the most promising way of justifying our commitment to moral equality. Two objections will be pressed against the relation-first approach: first, grounding moral equality in the wrongness of treating others as inferiors gives rise to some disturbing normative implications; second, relation-first accounts cannot vindicate the idea that a range of beings has equal fundamental rights. This, however, is precisely what an account of moral equality is meant to justify. The paper, then, concludes that the relation-first approach fails to provide a plausible answer to the question of the basis of moral equality. Property-first accounts, whatever problems they encounter, are still more viable in principle. (shrink)

Mutually adaptive interaction involves the robot as a partner as opposed to a tool, and requires that the robot is susceptible to similar environmental cues and behavior patterns as humans are. Recognition, or the acknowledgement of the other as individual, is fundamental to mutually adaptive interaction between humans. We discuss what recognition involves and its behavioral manifestations, and describe the benefits of implementing it in HRI.

What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why (...) only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones. (shrink)

Ethics consultation in institutions of the healthcare system has been given a standard form based on three pillars: education, the development of guidelines and concrete ethics consultation in case conferences. The spread of ethics committees, which perform these tasks on an organizational level, is a remarkable historic achievement. At the same time it cannot be denied that modern ethics consultation neglects relevant aspects of care ethics approaches. In our essay we present an “ethics of care” approach as well as an (...) empirical pilot project—“Ethics from the bottom up”—which organizes ethics consultation based on this focus. Findings and philosophy of the project will be discussed as far as relevant for ethics consultation in the healthcare system. (shrink)

Social death, central to the evil of genocide, distinguishes genocide from other mass murders. Loss of social vitality is loss of identity and thereby of meaning for one's existence. Seeing social death at the center of genocide takes our focus off body counts and loss of individual talents, directing us instead to mourn losses of relationships that create community and give meaning to the development of talents.

In their excellent monograph, Crimes, Harms and Wrongs, Andrew Simester and Andreas von Hirsch argue for an account of legitimate criminalisation based on wrongfulness, the Harm Principle and the Offence Principle, while they reject an independent anti-paternalism principle. To put it at its simplest my aim in the present paper is to examine the relationship between ‘the harms’ and ‘the wrongs’ of the authors’ title. I begin by comparing the authors’ version of the Harm and Offence Principle with some other (...) influential accounts. After examining the role wrongfulness plays in their work, I ask what there is left for their Harm and Offence Principles to do. In the light of the understanding and foundations of the Harm and Offence Principles proposed by the authors, I suggest that the answer is little or nothing. The wrongfulness constraint the authors place on their Offence Principle comes close to swallowing it up entirely. Furthermore the part of their Offence Principle that is not thus swallowed by wrongfulness leaves the account with a commitment that is probably best dropped. As far as their Harm Principle is concerned I suggest that the authors’ account of ‘harm’ is so broad that it lacks the resources to distinguish harm-based reasons from wrongfulness- or immorality-based reasons in any principled way. Among other things, I ask in this context, first, whether one can be harmed as one’s character deteriorates and, secondly, whether one is harmed by virtue of the serious wrong one does to another. What really drives the authors’ account of legitimate criminalisation, I believe, is wrongfulness together with an important, amorphous set of potential defeating conditions. They themselves accept such a picture so far as paternalism is concerned. I conclude that their account, which I think has considerable force, would lose little of any significance were their Harm and Offence Principles simply excised. More generally I suspect that a strong role for wrongfulness in an account of legitimate criminalisation is likely to put into serious question the plausibility of an independent principled role for harm and offence. (shrink)

The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...) by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. (shrink)

According to Doris Schroeder, the view that human rights derive from human dignity should be rejected. She thinks that this is the case for three different reasons: the first has to do with the fact that the dominant concept of dignity is based on religious beliefs which will do no justificatory work in a secular society; the second is that the dominant secular view of dignity, which is the Kantian view, does not provide us with a justification of human rights, (...) i.e. rights all humans have; and the third reason has to do with the fact that dignity is understood in too many different ways to provide us with a justification of human rights. It is argued in this paper that none of these reasons for separating human rights from human dignity is convincing. It is true, it will be argued, that some accounts of dignity will not be successful in justifying human rights. But there is no reason to assume that no account of human dignity is capable of doing this. In the final part of the paper a concept of human dignity is presented that could indeed provide us with a justificatory basis for human rights. (shrink)

It is sometimes held that modern institutionally-focussed conceptions of social justice are lacking in one essential respect: they ignore the importance of civic friendship or solidarity. It is also, typically simultaneously, held that Aristotle’s thought provides a fertile ground for elucidating an account of civic friendship. I argue, first, that Aristotle is no help on this score: he has no conception of distinctively civic friendship. I then go on to argue that the Kantian distinction between perfect and imperfect duties is (...) more useful than talk of civic friendship in capturing the non-institutional demands of social justice. (shrink)

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...) liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

In this paper I argue that self-respect constitutes an important value, and further, serves as an important basis for equality. I also argue that under conditions of inequality-producing segregation, voluntary separation in schooling may be more likely to provide the resources necessary for self respect. Accordingly, I defend a prima facie case of voluntary separation for stigmatized minorities when equality – as equal status and treatment – is not an option under either the terms of integration or involuntary segregation.

The universalist argument that all children should be educated in inclusive mainstream schools, irrespective of their difficulties or disabilities, is traced to the claims that special schools and disability ‘labels’ are inherently humiliating, and that no decent society tolerates inherently humiliating institutions. I ask whether there is a sound reason for a child to feel humiliated by special schools/disability ‘labels’ as such, and find none. Empirically, some do and some do not find these humiliating, and it is argued that the (...) failure to address the multiple ‘realities’ of disability and learning difficulty is responsible for the policy impasse in this area. (shrink)

Normative political philosophy always refers to a standard against which a society's institutions are judged. In the first, analytical part of the article, the different possible forms of normative criticism are examined according to whether the standards it appeals to are external or internal to the society in question. In the tradition of Socrates and Hegel, it is argued that reconstructing the kind of norms that are implicit in practices enables a critique that does not force the critic's particular views (...) on the addressee and can also be motivationally effective. In the second part of the article, Axel Honneth's theory of recognition is examined as a form of such reconstructive internal critique . It is argued that while the implicit norms of recognition made explicit in Honneth's philosophical anthropology help explain progressive social struggles as moral ones, his theory faces two challenges in justifying internal critique. The Priority Challenge asks for the reasons why the implicit norms of recognition should be taken as the standard against which other implicit and explicit norms are to be judged. The Application Challenge asks why a social group should, by its own lights, extend equal recognition to all its members and even non-members. The kind of functional, prudential, conceptual, and moral considerations that could serve to answer these challenges are sketched. (shrink)

The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)

How does trust operate under conditions of oppression? Little attention has been paid to how distrust may be both necessary and costly to its bearer. Distrust is clearly warranted under certain conditions, but do those conditions contribute to a reduction in one's overall well-being? More importantly, is there something about distrust itself (rather than the conditions that warrant it) that contributes to this reduction in well-being? In this essay, I explore these questions in depth. I explain what the costs of (...) distrust are and how they impede our well-being. I argue that the weakened development of trust through oppression has some important downstream consequences: namely, it requires the cultivation of skepticism as a virtue of distrust, which I argue should be included as one of Lisa Tessman's burdened virtues—those that are required for survival but that do not necessarily lead to the agent's flourishing. (shrink)

In the past few decades, there has been a growing literature on relational egalitarianism. Relational egalitarianism is a view on the nature and value of equality. In contrast to the dominant view in recent debates on equality—distributive egalitarianism, on which equality is about ensuring people have or fare the same in some respect—on the relational view, equality is a matter of the terms on which relationships are structured. But what exactly does it mean for people to relate as equals? And (...) why are relations of equality valuable? Relational egalitarians have offered quite different answers to each of these questions. In this article, I draw attention to some key issues that underlie these disagree- ments, and I offer a taxonomy of different viewpoints that have emerged in the recent literature on these matters. (shrink)

We start from, and expand on, a basic insight in negative dialectic, namely, that our main concern should be with the absolute worst in political life. We then consider how this might have an impact on the way we understand the role and grounds of moral equality. Subsequently, we move on to explain the importance of decency in political morality. Finally, we take a closer look to basic data about global poverty and inequality and what these might tell us in (...) light of our analysis of the foundations of moral equality and its relationship to social cruelty. (shrink)

Many theories of social justice maintain that concern for the social bases of self-respect grounds demanding requirements of political and economic equality, as self-respect is supposed to be dependent on continuous just recognition by others. This paper argues that such views miss an important feature of self-respect, which accounts for much of its value: self-respect is a capacity for self-orientation that is robust under adversity. This does not mean that there are no social bases of self-respect that such theories ought (...) to incorporate. It means that they are different: they consist of the motivational and epistemic resources needed to develop and maintain such robustness. (shrink)

Gamification is the use of elements and techniques from video game design in non-game contexts. Amid the rapid growth of this practice, normative questions have been under-explored. The primary goal of this article is to develop a normatively sophisticated and descriptively rich account for appropriately addressing major ethical considerations associated with gamification. The framework suggests that practitioners and designers should be precautious about, primarily, but not limited to, whether or not their use of gamification practices: takes unfair advantage of workers (...) ; infringes any involved workers’ or customers’ autonomy ; intentionally or unintentionally harms workers and other involved parties; or has a negative effect on the moral character of involved parties. (shrink)

This paper develops a recognition-theoretical analysis of human dignity. I argue that a life with dignity requires social esteem (recognition for one’s contribution to socially shared goals) as well as respect (recognition of one’s equal status). I illustrate this through an empirically informed discussion of three aspects of the current social organization of labour which threaten human dignity: unemployment, precarity and low pay. I also argue that in class societies the assertion of dignity as a positional good can undermine its (...) general progressive appeal. (shrink)

No reverberatory effect of the great war has caused American public opinion more solicitude than the failure of the “melting-pot.” The tendency... has been for the national clusters of immigrants, as they became more and more firmly established and more and more prosperous to cultivate more and more assiduously the literatures and cultural traditions of their homelands. Assimilation, in other words, instead of washing out the memories of Europe, made them more and more intensely real. Just as these clusters became (...) more and more objectively American, did they become more and more German or Scandinavian or Bohemian or Polish.... [This] is not, however, to admit the failure of Americanization. It is not to fear the failure of democracy. It is rather to urge us to an investigation of what Americanism may rightly mean. It is to ask ourselves whether our ideal has been broad or narrow—whether perhaps the time has not come to assert a higher ideal than the “melting pot.”... We act as if we wanted Americanization to take place only on our own terms, and not by the consent of the governed. All our elaborate machinery of settlement and school and union, of social and political naturalization, however, will move with friction just in so far as it neglects to take into account this strong and virile insistence that American shall be what the immigrant will have a hand in making it, and not what a ruling class, descendent of those British stocks which were the first permanent immigrants, decide that America shall be made. Randolph Bourne (1916/1977, 248ff). (shrink)

On most accounts present in the literature, the complex experience of shame has the injury to self-esteem as its main component. A major objection to this idea is that it fails to differentiate between shame and disappointment in oneself. I argue that previous attempts to respond to the objection are unsatisfactory. I argue further that the distinction should refer to the different ways the subject's self-esteem is formed. A necessary requirement for shame is that the standards and values by which (...) the subject judges himself are borrowed from a canon of values the subject accepts as a given. The proper focus of shame is the fact of conformity to that canon. Those agents who have a different conception of self-esteem and who freely set and alter their own values are prone to self-disappointment, but not to shame. (shrink)

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

How can a partial, revisable utopia of ‘decent society’ be used as a yardstick for assessing today’s impersonal forms of social integration? In economic life — this essay’s focus — Polanyi’s hopes that the ‘economic system’ might cease ‘to lay down the law to society’ is a start. Recently, financial firms sold commodified promises and obligations on the allure of democratizing credit and providing financial ‘choice’ to millions. Yet these ‘civilities’ exploited people’s hopes for a dignified life. Any new, partial (...) utopia is yet to be devised. Maria Markus’s concept is useful to ask whether the instrumental-ism of macro-economic concepts is a distortion of the institutions of money or intrinsic to them. Could solidaristic compromises through civil society minimize disrespectful relationships embedded in money to create decent institutions? (shrink)

This essay outlines an argument for fostering the conditions for civil society to emerge in conflict or post-conflict situations. Only where a ‘civil’ society and ‘decent’ society exist together can democratic engagement flourish in the long term. The essay explores the possibilities for decency in social and political conduct where conflict and rupture have been the norm. In establishing decency in social relations and in institutions, trust must be generated where distrust has prevailed as a result of the recent past (...) and memories of a longer past. Common in the contemporary period have been the interventions of humanitarian organizations — such as international and local human rights organizations. How can we assess this activity in relation to the establishment or re-establishment of a civil society and to practices and institutions that reflect decency? What occurs in ‘transitional’ times to foster social relations and institutions that reflect decency in actions between people? The essay looks briefly at the example of the Palestinian West Bank in this context. (shrink)

Judith Shklar’s dictum, ‘the worst evil of cruelty’, is well known. What this means for her political theory and how such theory is construed are rarely explored. This article maintains that Shklar’s turn towards cruelty/suffering has a specific role in the development of her political argument. It allows her both to curb her long-standing skepticism, and to use it creatively. This is because suffering must be examined from the perspectives of history and philosophy, which produce two sets of knowledge, each (...) limiting the overbearing tendencies of the other. The way Shklar uses the tension between history and philosophy for progressive purposes, and her idea that politics can mediate between history and philosophy, makes her a very contemporary theorist, similar to those who critically engage foundationalism without wanting to dispose of it completely. Approaching Shklar’s ‘Putting Cruelty First’ through her engagement with history and philosophy, and making use of the concepts of ‘realism’ and ‘weak ontology’ to do so are a more productive route to understanding her dictum than the usual one of examining it through the prism of her ‘liberalism of fear’. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

This article argues that both courage and reason are necessary aspects of moral action. It begins by examining Plato’s changing conceptions of these two virtues, and, in particular, the settled view he arrives at in The Statesman. Sloterdijk’s recent attempt in his book advocating rage to appropriate this dialogue in order to criticize Habermas is then considered. I suggest, by interpreting various claims by these two authors, that neither understands that both reason and courage have essential roles in moral action. (...) Additional support for this conclusion is found, not just in Plato’s late work, but in a ‘third generation’ reworking of critical theory recently developed by Menke. (shrink)

The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions about criminalization. After a critical examination of both the notion of “human dignity as an objective value” and the assumption that the meaning of human dignity can be explained by referring to Kant’s moral philosophy, human dignity violations are characterized as severe humiliations.

The mechanics of claims focusses predominantly on the claim to life. The claim to life is rooted in the autonomy principle, just like other specific claims. Still, the mechanics of claims does not have a systematic place for the fundamental negation of the status as an autonomous being as such. It is, however, the proctiction of the status as such, which is at the center of the protection of human dignity in German constitutional law. Looked at it from this perspective, (...) the protection of human dignity as the protection of the status of an autonomous human being, appears to be a blind spot of the mechanics of claims. The comment attempts to show, how this blindspot leads to inconsistencies in the mechanics of claims, and how they might be ameliorated if human dignity is considered as an absolute right independent of the claims to life. (shrink)

Moral repair is an important way for firms to heal moral relationships with stakeholders following a transgression. The concept is rooted in recognition theory, which is often used to develop normative perspectives and prescriptions, but the same theory has also propelled a view of moral repair as premised on negotiation between offender and victim(s), which involves the complex social construction of the transgression and the appropriate amends. The tension between normative principles and socioconstructivist implementation begs the question how offending firms (...) should approach moral repair. Addressing this question, we develop a two-level conceptualization of moral repair, distinguishing between procedural and substantive levels of practice, which accommodate normativity and socioconstructivism, respectively. In so doing, we enrich the literature by 1) promoting conceptual clarity, 2) refining understanding of the moral repair process, and 3) suggesting the use of a unified, configurational approach to studying (nonlinear) relations between amends and moral outcomes. (shrink)

The legislature and the judiciary have been a constant focus of contemporary political philosophy. However, the executive – ‘the government’ itself – has been comparatively neglected. Today, this is changing with a well-spring of new work that bears upon what we might call the ideal of ‘good governance’, that is, how governments (and/or their agents) should exercise their powers. This review paper begins by clarifying the concepts of ‘governance’ and ‘good’ governance (§1). It then highlights five sets of values, working (...) nominally from the most foundational constraints on the exercise of government power to those that should guide the exercise of discretion: legitimacy and rule of law (§2); respect and trustworthiness (§3); efficiency and rationality (§4); public participation and accountability (§5); and the public interest and fiduciary duties (§6). (shrink)

This paper aims to explore and examine the implied commitment to the premises of recognition in Rawls’s account of redistributive justice. It attempts to find out whether or not recognition relations that produce humiliation and cultural injustice can be followed to their logical conclusion in his theory of redistribution. This paper makes two claims. Firstly, although Rawls does not disregard the harms of misrecognition as demonstrated in his notion of self-respect being the most important primary good, he cannot liberally accommodate (...) the idea of humiliation as a case of injustice without compromising the basic premises of his theory. Secondly, while resource distribution produces indirect side effects that can impact upon cultural injustice, addressing recognition issues through the prism of redistribution can inadvertently result in further misrecognition. The paper concludes that in the final analysis Rawls wrongly takes redistribution as the overarching principle of justice to which recognition is but a subservient principle. (shrink)

In this article, I argue that the recent emphasis on compassion in healthcare practice lacks conceptual richness and clarity. In particular, I argue that it would be helpful to focus on a larger concept of empathy rather than compassion alone and that compassion should be thought of as a component of this larger concept of empathy. The first part of the article outlines a critique of the current discourse of compassion on three grounds. This discourse naturalizes, individualizes, and reifies compassion (...) leading to a decontextualized and simplified understanding of failures in healthcare practice. The second part uses resources from phenomenology and contemporary moral philosophy to construct a “hybrid” concept of empathy that includes both pre‐reflective/intuitive and cognitive/imaginative components. This “hybrid” concept of empathy leads to a more complex understanding of the multiple responses to others' distress. I conclude that there are no straightforward normative naturalistic responses to others' distress. Rather than conceptualizing compassion as a naturalistic impulse or a character‐based trait, we need to consider the complexity of our empathic recognition of vulnerable others. (shrink)

Although the residues of official segregation are widespread, affirmative action continues to meet resistance in both official and everyday life, even in such recent Supreme Court decisions as Grutter v Bollinger (539 U.S. 306). This is due in part to a governing ontology that draws the line between individual and collective. But there are other possibilities for conceiving the social, and I offer one here in a theory of affirmative action that is developed through close examination of sharing and promising (...) as elemental qualities of equitable communal life. The nature and value of these actions are demonstrated in narrative formulations of fairness as exemplified in triage and the situation at the end of slavery; of the difference between equality and equity and how justice depends on their conjunction; and finally of theorizing how these may come together in the permutable, opaque, yet resilient interdependence of person and community that represents most deeply the Greek idea of two in one, that is, of one two, not two ones. In these respects the paper is successful insofar as it discloses the kinds of reasoning that underlie both resistance and commitment to affirmative action. (shrink)

In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted (...) that the purgative rationale is over-inclusive inasmuch as Kramer considers it applicable to certain offenders with abusive or deprived backgrounds, some offenders indoctrinated to adhere to pernicious ideologies that have impelled their crimes, and wrongdoers who have sincerely repented. Third, doubts are expressed about whether the purgative rationale justifies the execution of any offenders. Even if it is true that the continued existence of an extravagantly evil offender represents an affront to humanity, as Kramer suggests, a moral obligation to execute him does not follow. Since repentance is intrinsically valuable and since repentance would extinguish the affront to humanity, the community in which an unrepentant evil offender abides is duty-bound to foster repentance on the part of the offender by imposing banishment or life imprisonment, sanctions that afford the offender the most extensive opportunity for repentance. The community is therefore obligated to impose one of these sanctions instead of capital punishment. (shrink)

Abstract The liberalism of fear urged by Judith Shklar emphasizes the dangers of political violence, cruelty, and humiliation. Those dangers clearly mark ethnic and cultural conflicts, so the liberalism of fear is an especially appropriate political ethic for an age marked by such conflicts. A multiculturalism of fear keeps its attention on those central political dangers while also noting that some kinds of cruelty and humiliation might not be appreciated without reference to the larger ethnic and cultural context, and that (...) treating ethnicity and culture as completely outside of politics is not the best way to prevent cruelty. (shrink)

Abstract: This paper examines the claim that agents' self-respect depends on receiving appropriate respect from others. It concentrates on a particular version of the claim defended by Avishai Margalit. The paper argues that Margalit's arguments fail to explain why the rival stoic view, that agents ultimately retain responsibility for their own self-respect, is incorrect.

As founder of modern political economics and prominent theorist of the commercial society, Adam Smith’s importance is universally recognized. Little, however, has been done so far to develop Adam Smith’s virtue ethics in the context of modern business, characterized by digitalization. This article aims to rediscover Adam Smith’s virtue of prudence and its relevance for the “e-commercial society”: It presents a framework that considers the central place of prudence in the relationship between a prosperous e-commercial system and societal flourishing. In (...) Smith’s view of the commercial society, prudence enables people to develop habits of character related to industriousness, genuineness, spirit of sacrifice, and self-command, which help in the conduct of a prosperous business activity. This article translates Smith’s virtue of prudence into a language typical of consumers in the current e-commerce scenario, considering their development as persons and the contribution of their activities to the good of society. (shrink)

What role do human relationships play within the moral domain? There appears to be a lot of agreement that relationships play an important role in and for morality, but certainly not any foundational one. Yet, there has been a recent interest in seeking to explain the foundation of morality in relational terms. According to these relational proposals, the very foundation of impartial morality, and in particular the domain of “what we owe to each other” can be found in the same (...) normative structures that are characteristic of interpersonal relationships and the partial reasons they give rise to. This suggestion has been met with serious criticism, according to which any seeming appeal to a so-called moral relationship does no work in grounding morality and the obligations that we owe to each other. The present paper intends to challenge this conclusion by arguing that the objections rendered are not decisive, as a result of which we can begin to make sense of the idea that we do share a reason-giving relationship with each other in the moral sphere. The moral relationship, the paper argues, is one we simply share with each other in virtue of our shared vulnerability to attitudinal injury as rational agents. (shrink)

Dehumanisation is an elusive concept. While the term itself indicates that its meaning relates to a process that negatively affects the human aspect of the object involved, it proves more difficult to pinpoint what the ‘human aspect’ in this formula entails precisely or how dehumanisation can negatively affect it. This article aims to contribute to ongoing academic debates about dehumanisation by presenting a new way to understand this notion, which places the failure to recognise the moral relevance of human subjectivity (...) at its conceptual core. The main argument is that dehumanisation involves a failure to recognise what matters most about human beings in a normative sense, namely the fact that their human subjectivity counts as a moral reason against mistreating them. This line of thought has the potential to bring together various strands in the available literature. The account integrates the insight that dehumanisation entails a denial of humanity, resonates with the idea that dehumanisation involves a particular form of moral exclusion and affirms that dehumanisation constitutes an affront to fundamental human interests, needs and rights. (shrink)

Philosophers and bioethicists are typically sceptical about invocations of dignity in ethical debates. Many believe that dignity is essentially devoid of meaning: either a mere rhetorical gesture used in the absence of good argument or a faddish term for existing values like autonomy and respect. On the other hand, the patient experience of dignity is a substantial area of research in healthcare fields like nursing and palliative care. In this paper, it is argued that philosophers have much to learn from (...) the concrete patient experiences described in healthcare literature. Dignity is conferred on people when they are treated as having equal status, something the sick and frail are often denied in healthcare settings. The importance of equal status as a unique value has been forcefully argued and widely recognised in political philosophy in the last 15 years. This paper brings medical ethics up to date with philosophical discussion about the value of equal status by developing an equal status conception of dignity. (shrink)

Several recent analyses of torture focus on the humiliation torture inflicts on the victim as the principal evil inherent in torture. This paper challenges this focus by arguing that the connection between torture and humiliation is not a necessary one. Though it is true that most contemporary usages of torture humiliate, it is shown that this is dependent on both the context of the torture and the specific means of torture applied. It is demonstrated that, in certain circumstances, torture is (...) feasible without inflicting the humiliation contemporary accounts of torture identify. At a theoretical level, it may even be possible to use torture as a way of explicitly expressing respect. The paper, therefore, warns against hinging the entire case against torture on humiliation and argues that we should scrutinize other ways in which torture may violate dignity, too. (shrink)