On a reproché au modèle perceptuel de la connaissance morale d'être inadéquat en ce qu'il serait incapable d'expliquer le signe distinctif et fondamental de l'éthique, à savoir son caractère normatif. Je tente de montrer que la critique n'est pas pertinente, car le normatif n'a en réalité qu'une place dérivée en morale : l'éthique est d'abord une question de valeurs, entités dont il est tout à fait plausible de dire que nous les percevons. Pour justifier la place dérivée du normatif, je (...) m'appuie sur les études de Max Scheler et sur l'examen de certains traits de la psychologie morale, qui tendent à montrer que le normatif n'est qu'un cas particulier de l'axiologique, mettant en évidence les caractères de force des valeurs, de risques de transgression et de contrainte.The perceptual model of moral knowledge has been the target of criticisms: it could be unable to explain the basic character of ethics, namely its normative character. I try to show that this criticism is misguided: in fact normativity is not central but lateral to ethics. What matters in ethics first and foremost are values, and it is quite appropriate to say we perceive values. To justify the lateral character of normativity, I rely on some analysis of Max Scheler and turn to some traits of moral psychology. It suggests that the normativity is a province of the axiological, characterized by strength of values, risks of transgression and constraint. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

In this essay, I argue that the Commodification Objection, locates a phenomenon of real moral significance. In defending the Commodification Objection, I review three common criticisms of it, which claim firstly, that commodification doesn’t always lead to instrumentalization; secondly, that commodification isn’t the only route to such an outcome; and finally, that the Commodification Objection applies only to persons, and human organs are not persons. In response, I conclude that moral significance does not require that an undesirable outcome be a (...) necessary consequence of the phenomenon under examination; the relative likelihood of an undesirable mode of regard arising provides a morally-relevant distinguishing marker for assessing the comparative moral status of social institutions and arrangements; and sales in blood products are sufficiently distinct from sales of everyday artefacts and sufficiently close to personhood to provide genuine grounds for concern. Accordingly, criticisms of the Commodification Objection do not provide grounds for rejecting the claim that human organ sales in general and compensation for blood plasma donation in particular can have morally pernicious ‘commodificatory effects’ upon our attitudes, for what human organ sales provide is a distinctive ethical hazard. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will critically examine (...) Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

At the heart of Kantian theory lies the prohibition against treating humanity merely as a means. Two of the most influential interpretations of what this means are Wood's and O'Neill's. Drawing on these thinkers' ideas, Kerstein formulates two accounts of what is involved in the idea of treating a person merely as a means: the and accounts. Kerstein's attempt is to show that they are problematic. He introduces his to alleviate the problems they face. I argue that the end-sharing and (...) possible consent accounts are not vulnerable to Kerstein's criticism. However, they both face a shortcoming: they fail to support the Kantian conclusion that the prostitute and the servile person are treated merely as means. Through reconstructing these accounts, I surmount this difficulty. Moreover, my proposal helps Kerstein's own account overcome a problem he admits it has, without the need to resort to consequentialism. (shrink)

Can choosing to sale one’s kidney be morally permissible? “No”, Kant would answer. Humanity, whether in one’s own person or that of any other, must never be treated merely as a means, but always at the same time as an end, is Kant’s instruction. He thought that organ sale violates this imperative. Lectures on Ethics shows that “... a man is not entitled to sell his limbs for money…. If a man does that, he turns himself into a thing, and (...) then anyone may treat him as they please, because he has thrown his person away....” This paper explains Kant’s reasons against commerce in organs, drawing on his views on prostitution, and the moral impermissibility of sexual use within this context, a case which he himself compares to the selling of one’s body part. Can choosing to donate one’s kidney be morally permissible? If we take Kant’s views at face value, it would follow that organ donation is on a par with morality only if it takes place in a context where people have gained rights over each other’s persons. In this context, however, a person has a right to her partner’s kidney should she happen to need it, which can open the path to bodily violation. Moreover, this view severely restricts the permissibility of organ donation. In this paper, I argue that a closer examination of Kant’s views on what is involved in the idea of respecting humanity could reveal that organ donation does not violate the categorical imperative. In fact, it could be said to follow from such an imperative that we actually have a duty to organ donation. (shrink)

BackgroundThe increasing debate on financial incentives for organ donation raises concerns about a "commodification of the human body". Philosophical-ethical stances on this development depend on assumptions concerning the body and how people think about it. In our qualitative empirical study we analyze public attitudes towards organ donation in their specific relation to conceptions of the human body in four European countries (Cyprus, Germany, the Netherlands and Sweden). This approach aims at a more context-sensitive picture of what "commodification of the body" (...) can mean in concrete clinical decisions concerning organ donation.ResultsWe find that moral intuitions concerning organ donation are rooted in various conceptions of the human body and its relation to the self: a) the body as a mechanical object owned by the self, b) the body as a part of a higher order embodying the self, and c) the body as a hierarchy of organs constitutive of the self.ConclusionThe language of commodification is much too simple to capture what is at stake in everyday life intuitions about organ donation and organ sale. We discuss how the plurality of underlying body-self conceptions can be taken into account in the ethical debate, pointing out consequences for an anthropologically informed approach and for a liberal perspective. (shrink)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

An innovative program recently initiated at the University of California, Los Angeles Medical Center allows people to donate a kidney in exchange for a voucher that a loved one can redeem for a kidney if and when needed. As a relatively new practice, the ethical implications of advanced kidney donation have not yet been widely discussed. This paper reflects on some of the bioethical issues at stake in this new donation program, as well as some broader philosophical issues related to (...) the meaning and moral salience of commodification. I first consider whether the literature on commercial markets in organs––a longstanding topic of bioethical debate––can meaningfully inform ethical analysis of kidney voucher programs. Specifically, I consider whether and to what extent common objections to the exchange of kidneys for cash also apply to the exchange of kidneys for “kidney vouchers.” Second, I argue that the contrast between the ethical issues raised by these two practices highlights the need to understand commodification as existing on a continuum, with different degrees of commodification giving rise to different ethical issues. Doing so can help sharpen our understanding of commodification as a moral concept, as well as its relevance to broader debates about the moral limits of markets. (shrink)

Soldiering has traditionally been thought of as something radically different from a job or career, but things are changing. Sociologists have observed an “occupational shift” in military service....

My aim in this paper is to analyze the way in which Edmund Husserl deals with the problem of the constitution of image in his writings. The difference between a common thing and a work of art lies in the fact that the ‘thing’ is submitted as an object to perception, while the work of art is the product of the human capacity called imagination or fantasy (Phantasie). Therefore, the difference between perception (which is an objectifying act) and imagination (which (...) refers to a mental representation) is the fundamental difference Husserl operates with in his analysis of the phenomenological problem of the image building. I also want to show that Husserl’s analysis of the constitution of the image is fundamental in the understanding of the work of art (aesthetic phenomena including) and of its difference from a common thing. From the point of view of the History of Philosophy, the Husserlian analysis presupposes the overcoming of the classical opposition between subject and object, and the aesthetic experience is one of the (privileged) ways through which this overcoming can be achieved. (shrink)