: 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)

According to G. E. Moore, moral expertise requires abilities of several kinds: the ability to factor judgments of right and wrong into (a) judgments of good and bad and (b) judgments of cause and effect, (2) the ability to use intuition to make the requisite judgments of good and bad, and (3) the ability to use empirical investigation to make the requisite judgments of cause and effect. Moore’s conception of moral expertise is thus extremely demanding, but he supplements it with (...) some very simple practical guidance. (shrink)

The subject of this essay is political, and therefore social, philosophy; and therefore, ethics. We want to know whether the right thing for a society to do is to incorporate in its structure requirements that we bring about equality, or liberty, or both if they are compatible, and if incompatible then which if either, or what sort of mix if they can to some degree be mixed. But this fairly succinct statement of the issue before us requires considerable clarification, even (...) as a statment of the issue. For it is widely, and in my view correctly, held thatsomesort of equality is utterly fundamental in these matters. We seek a principle, or principles, that apply to all, are the same for all. In that sense, certainly, equality is fundamental and inescapable. But this is a very thin sort of “equality.”It will almost equally widely be agreed that the principles in question should in some more interesting sense “treat” people equally, e.g., by allotting to all the same set of rights, and moreover, rights that are – again we have to say “in some sense” – nonarbitrary, so that whatever they are, persons of all races, sexes, and so on will have the same fundamental rights assigned to them. Taking this to be, again, essentially uncontroversial, though not without potentially worrisome points of unclarity, it needs, now, to be pointed out that this characterization does not settle the issue that this essay is concerned with. That issue is abouteconomicmatters in particular. (shrink)

Utilitarianism and the Concept of Social UtilityIn this paper I propose to discuss the concepts ofequalityandjusticefrom a rule utilitarian point of view, after some comments on the rule utilitarian point of view itself.Let me start with the standard definitions.Act utilitarianismis the theory that a morally right action is one that in the existing situation will produce the highest expected social utility. (I am using the adjective “expected” in the sense of mathematical expectation.) In contrast,rule utilitarianismis the theory that a morally (...) right action is simply an action conforming to the correct moral rule applicable to the existing situation. The correct moral rule itself is that particular behavioral rule that would yield the highest expected social utility if it were followed by all morally motivated people in all similar situations. (shrink)

In the evolution of the vertebrates and probably a few other animals (Metazoa), biological values have been translated (subjectivized) into affective experience that necessarily involves the consciousness of external objects/events (as different from one’s body), which is tantamount to the origins of subjectivity. Mammals, birds and other vertebrates are experiencing subjects even though their negative and positive experience greatly vary in scope. Some mammals are capable of vicarious experience and may act as empathic agents, and some of them, at least (...) the great apes, use true reflective self-consciousness and thus perceive themselves as agents, which generates attributive feelings. The balance of positive and negative experience determines the intrinsic value of (an individual) life. Every subjective life is autotelic in striving to maximize this balance. A subjective life may also have a social value that is measured in terms of the impact on intrinsic values of other lives. The social value of life is contingent upon an agency, that is, conscious intentional actions that impact intrinsic value of other lives. The difference between the social value of a subjective life and an instrumental value of an individual comes down to the difference between agent causation and event causation. The moral agency refers to a subcategory of agent causation that involves the awareness of impact on another subject’s wellbeing (interests). The moral agency is at present known only in the hominids (including the chimpanzees) which understand causality and use reflective self-consciousness, which in turn enables them to perceive themselves as agents and attribute to themselves responsibility. The moral agency originated as a motivational mechanism of reciprocity execution , and thus as an adaptation for group life, which is why it favors ingroup members and often promotes norms that harm other groups. The human moral agency is frequently used by third parties to implement group norms that are based on ideologies (religious or secular) and may actually harm both group members and the entire groups. Any received, bioculturally evolved morality is unlikely to be good in either absolute or universal sense. Therefore, the moral capacity alone does not make a human life categorically more valuable, even if human motivation were dominated by moral agency (which is true only of some people). The life of a vertebrate has, therefore, two values, intrinsic and social. Each can be negative or positive, and may vary to a large extent independently of the other, whereby a joint value of a subjective life cannot be sensibly assessed and compared without prior assessments of the intrinsic and social component separately. In the absence of objective reasons to rate the intrinsic value of a human life as categorically higher than that of other mentally advanced mammals, and in consideration of the observed range of social values of human lives, some of which approach zero and some are highly negative (lower than any thinkable negative values of non-human lives), the doctrine of extraordinary and inalienable (innate) human „dignity” is groundless and unethical, as it leads to a depreciation of the lives of non-human subjects, and often preempts the need to impart a real social value to one’s own life. (shrink)

The subject of this essay is political, and therefore social, philosophy; and therefore, ethics. We want to know whether the right thing for a society to do is to incorporate in its structure requirements that we bring about equality, or liberty, or both if they are compatible, and if incompatible then which if either, or what sort of mix if they can to some degree be mixed. But this fairly succinct statement of the issue before us requires considerable clarification, even (...) as a statment of the issue. For it is widely, and in my view correctly, held that some sort of equality is utterly fundamental in these matters. We seek a principle, or principles, that apply to all, are the same for all. In that sense, certainly, equality is fundamental and inescapable. But this is a very thin sort of “equality.” It will almost equally widely be agreed that the principles in question should in some more interesting sense “treat” people equally, e.g., by allotting to all the same set of rights, and moreover, rights that are – again we have to say “in some sense” – nonarbitrary, so that whatever they are, persons of all races, sexes, and so on will have the same fundamental rights assigned to them. Taking this to be, again, essentially uncontroversial, though not without potentially worrisome points of unclarity, it needs, now, to be pointed out that this characterization does not settle the issue that this essay is concerned with. That issue is about economic matters in particular. (shrink)

1. INTRODUCTION Professor Dworkin's writings on moral and political subjects have never failed to interest me in the past, and the two-part article “What is Equality” which is the subject of this paper, is no exception. Its wealth of relevant distinctions is bound to be useful to every serious student of the subject, whatever – or, in view of the range of opinions on these matters now current, perhaps I should say almost whatever – his ideological proclivities, and whether or (...) not he is sympathetic to Dworkin's position. The present treatment will be devoted, needless to say, primarily to disagreements, criticisms, and the raising of further questions, most of them designed to call in question either the general idea that equality should be regarded as a legitimate and important goal of social institutions or Dworkin's particular formulations of that equality. This largely negative-seeming consideration, I need scarcely add, is not intended to discount or detract from the positive contributions of Dworkin's work, which are very substantial indeed. It's just that having been ably set forth by Dworkin himself, they scarcely need seconding from this source. (shrink)

John Stuart Mill's commitment to liberty and individual development is one of the most exoteric themes of his moral and political philosophy. But the linkages between this commitment to liberty and development and Mill's conception of utility and principles of the good are not as commonly recognized. As part of a more general transformation of his utilitarianism, Mill repudiated Bentham's principles of the good and instead adopted a more sophisticated form of hedonism. While Bentham admits only the total quantity of (...) pleasure as contributing to value, Mill expands the circle to admit quality or kind of pleasure as well into the value reckoning. I have elsewhere interpreted and defended Mill's qualitative hedonism, and in this paper I can offer only a brief overview of that account and must largely assume its plausibility. Bentham and Mill agree that only pleasurable experiences and the absence of painful experiences have value and so both are called hedonists. But they have very different views about what properties of pleasures makes them valuable, or in other words what are the good-making properties of pleasure. Bentham thinks that only intensity and duration, or quantity, are good-making properties of pleasures, and thus he includes only these properties in measuring value. As a consequence, in the context of value measurement he is not interested in the kinds of things in which people take pleasure. But Mill is a qualitative hedonist, and thinks that the quality or kind of pleasure is also a good-making characteristic and thus should be included in value measurement. The things that are sources of pleasure matter to Mill. (shrink)

To refuse new knowledge and new technologies is at long term a lost battle: this general constatation may, without doubt, be extrapolated to genetic engineering.The influence fundamental science-applied science is always mutual. Such as is also the influence science-society. If the genetics influences the society, the society influences the genetics and the sciences of the reproduction. The goal is indeed nowadays to have a limited number of children, and to offer a life of quality with minimal sufferings. Without doubt these (...) social “norms” have indeed also an eugenetic effect. The interaction science-society appears at each important discovery by necessary adaptations.Before to decide what is moral and immoral, correct and false in the consequences of genetical techniques, one has to better understand the proposed applications and the signification of their results. It would be necessary that the society would develop a better information or even a biological culture.To fear that human beings would destroy the natural mechanisms, to phantasm on the fact that humans would go too far, corresponds in fact to make a scandal of his intelligence, to separate human beings from the nature, it is at the limit to want to limit humans to their animal origin. In this field, such as in others, humans do not need repressive morals: the ethically responsible choice is the choice of the publicity of knowledge. This education must help him to remain honest and free, to remove false sciences and prejudices. (shrink)

Aggregation in moral philosophy calls for the summing or averaging of values or utilities as a guide to individual behavior. But morality, it is argued, needs to be individualistic, in view of the evident separateness of persons, especially given the great disparities among individuals who nevertheless interact with each other in social life. The most plausible general moral program is the classical liberal (or “libertarian”) one calling for mutual noninterference rather than treating others as equal to oneself in point of (...) demands on our action. Why, then, would we ever aggregate? The reason is that we are affected by behavior that has general effects, especially unintended side effects, on all sorts of people among whom we ourselves are often to be found. When we are randomly situated among such groups—as we sometimes are and often are not—minimizing aggregate harm is the plausible strategy, and sometimes promoting aggregate benefit as well. (shrink)