The concept of fairness as mutual advantage has been developed in the tradition of social contract theory. In this framework society is seen as an enterprise that coordinates the activities of its members in order to advance their interests. All acceptable social rules are in the interest of each member of society. Rules are agreed unanimously – no rules can be enforced against the interest of someone. It is assumed that individuals are basically self-interested and rational. Radical libertarianism claims that (...) individuals do not have to accept any a priori constraints on their behavior. “Libertarianism focuses on negative freedom”. (shrink)

After a brief review of the ethical judgment research, the Potter Box, a four‐step ethical judgment tool used primarily in media ethics, is introduced. The paper proposes that the Potter Box's usefulness for evaluating ethical dilemmas could be improved by re‐sequencing the steps, by incorporating philosophical intuitionism as a mechanism for structuring its inherent pluralism and by adding a post‐decision, pre‐action reflective step. The resulting modified Potter Box has five steps – analyze the situation, identify stakeholders, specify duties, weigh obligations (...) and check for universalizability – and should provide a useful structure for analyzing difficult ethical dilemmas and for creating transparency in the judgment process that accommodates improved discussion. (shrink)

Discoverers of “market failures” as well as advocates of the general efficiency of a “true, unhampered market” sometimes seem to disregard the fundamental fact that there is no such thing as a “market as such.” What we call a market is always a system of social interaction characterized by a specific institutional framework, that is, by a set of rules defining certain restrictions on the behavior of the market participants, whether these rules are informal, enforced by private sanctions, or formal, (...) enforced by a particular agency, the “protective state,” in J. M. Buchanan's terminology. (shrink)

Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of (...) feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination. (shrink)

One of the lessons of the COVID-19 pandemic is that the lay public relies immensely on the knowledge of public health officials. At every phase of the pandemic, the testimony of public health officials has been crucial for guiding public policy and individual behavior. The reason is simple: public health officials know a lot more than you and I do about public health. As lay people, we rely on experts. This seems straightforward. But the COVID-19 pandemic has shown that public (...) health officials seem undecided as to what, precisely, their role is; are they providing the public information as it presents itself, or are they informing the public in a way that produces a desired or optimal outcome? In this article, I answer the following question: what are public health officials morally obligated to tell the public? As I see it, these are the main options: (1) public health officials should tell the full truth, regardless of outcome; or (2) they should tell partial truths or lies that are aimed to promote a socially optimal outcome. My answer to this question is that public health officials are only allowed to lie under very narrow and rare conditions. -/- . (shrink)

This paper is divided into three sections. It aims to give some resources for making possible a straightforward debate on the mind-body problem as well as some serious researches in it. Having these goals into account, the first section offers an introduction to the mind-body problem and the second section explains briefly some of the most influential answers to this problem. The third section is devoted to eliminative materialism.

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (...) (private-sector) decline back to historically normal levels. This article provides a synoptic overview and reinterpretation of the development of American labor law. (shrink)

This article examines the question of private coercion in market societies, arguing for an unconditional basic income guarantee from a classical liberal viewpoint. It proposes three main arguments. First, classical liberals view the purpose of government to be the reduction of coercion, both public and private. Second, a proper understanding of the nature of coercion indicates that parties subject to certain types of hardship are being coerced. Third, where the total amount of coercion is reduced by eliminating the hardship, the (...) classical liberal state must do so to fulfill its purpose. Hence, this article argues that if the total amount of coercion in society can be reduced by the state employing the amount of coercion necessary to maintain an unconditional basic income guarantee, then the classical liberal state is obligated to maintain such a guarantee by its underlying justification. (shrink)

Upon first studying Capital, I believed, as have most Marxists I have known, that the answer to the question posed in the title of this article was obvious. After all, Marx declared that surplus labour is “extorted from the immediate producer, the worker,” and capitalist accumulation involves “the theft of alien labour time.” He also insisted that capitalists “extort” surplus value and divide amongst themselves “the loot of other people’s labour,” so that the wage exchange, in spite of its equality, (...) is “only the age-old dodge of every conqueror who buys commodities from the conquered with the money he has robbed them of.”. (shrink)

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the (...) issues in social policy and the way forward. (shrink)

I argue that Tomasi’s most fundamental “bleeding heart libertarian” insights are not adequately served by Rawls’s lexical framework and his idealized theory of institutional choice. Perhaps paradoxically, using Rawls’s lexical framework to articulate Tomasi’s declared concerns for both economic liberty and “social justice” gives the latter concern very little weight. For that reason, Tomasi’s own objections against classical liberalism would ultimately apply to his own positive contribution as well: the satisfaction of a distributional adequacy condition is secured on purely contingent (...) grounds. Furthermore, Tomasi’s endorsement of Rawls’ conception of the first tasks of political philosophy might render his case for laissez-faire forms of capitalism immaterial. This is because Rawls fails to appreciate the very narrow theoretical relevance of identifying institutional arrangements purely as a matter of “ideal theory”. Feasibility concerns have always been an important element in the classical liberal critique of interventionist and redistributive politics. Yet they have invariably failed to be featured, in any theoretically prominent way, within the most philosophically oriented defenses of the classical liberal order. A formulation of bleeding heart libertarianism along Rawlsian lines would be equally wanting in this regard. (shrink)

Desire-satisfaction theories about welfare come in two main varieties: unrestricted and restricted. Both varieties hold that a person's welfare is determined entirely by the satisfactions and frustrations of his desires. But while the restricted theories count only some of a person’s desires as relevant to his well-being, the unrestricted theories count all of his desires as relevant. Because unrestricted theories count all desires as relevant they are vulnerable to a wide variety of counterexamples involving desires that seem obviously irrelevant. Derek (...) Parfit offers a well-known example involving a stranger afflicted with what seems to be a fatal disease. Similar examples are offered by Thomas Scanlon, James Griffin, Shelly Kagan, and others. In this paper I defend a simple unrestricted desire-based theory of welfare from the claim that some of our desires are irrelevant to how well our lives go. I begin by introducing the theory I aim to defend. I then formulate the Irrelevant-Desires Problem and reject a few rationales for its key premise. I then consider and reject a few flawed responses to the problem. I finally offer an obvious but widely overlooked response: I bite the bullet. My overall goal is to dissuade those sympathetic to a desire-based approach to welfare from rejecting unrestricted forms of desire satisfactionism simply because some desires may seem irrelevant to how well our lives go. (shrink)

Today's ever-widening expert/novice gap–in technology generally but in healthcare technology especially–has been implicated as both cause and consequence of a sharp rise in fundamental misunderstandings between medical professionals and lay populace. Recently created social roles and institutions have further prompted critics to suggest that a multiplication of “disinterested” experts not only fails to resolve such misunderstandings, it compounds them. As a result, it should come as no surprise that the problem of paternalistic expertise has emerged as an ethical issue of (...) immense interest from both a theoretical and practical standpoint. For this reason, a critical inquiry in healthcare today centers on finding a practical model that most adequately and accurately characterizes patient–physician relationships. (shrink)

The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, (...) and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions in the contemporary literature on Rawlsianism. This ambiguity has engendered widespread confusion over the scope of the two principles of justice—leading to the contemporary dispute over the breadth of what Rawls calls the “basic structure” and the question of whether the principles of justice are properly understood to govern private ordering. There is significant disagreement over the breadth of Rawls's basic structure—one aspect is whether the principles of justice apply to the private law. In a controversial passage in Political Liberalism Rawls addresses this question. This passage has, however, led commentators to reach divergent conclusions. We argue that this disagreement is explained by an instructive confusion in the passage over the distinction between what we characterize as “pre-institutional” and “post-institutional” freedom (vis-á-vis contract and property). The passage, we argue, illicitly shifts from invoking the post-institutional sense of “freedom” to the pre-institutional sense, thereby causing significant though understandable disagreement. Rawls's lapse into the pre-institutional conception of “freedom” provides interpretive grounds for the narrow understanding of the basic structure. If Rawls, however, had invoked the sense of “freedom” to which he is entitled at this stage of his theory—the post-institutional conception—such disagreement need not have arisen. (shrink)

ZusammenfassungSchein-Elemente in der Betreuung von Menschen mit Demenz erobern den Markt. Über deren Legitimität scheiden sich die Geister. Der Vorwurf der Täuschung wiegt schwer. Diese Arbeit analysiert, ob der Einsatz von Schein-Elementen moralisch zulässig ist. Dazu folgt einleitend eine Charakterisierung der Schein-Elemente und eine Stellungnahme zu ihrem Einfluss auf die Lebensqualität von Menschen mit Demenz. Im Analyseteil betrachte ich die Täuschung aus deontologischer und utilitaristischer Perspektive. Dazu dienen das Prinzip der Doppelwirkung, „the experience machine“ sowie Dworkins Margo. Dabei stelle ich (...) fest, dass sowohl die Täuschungsform als auch der Einsatzzweck relevant für die Legitimitätsbestimmung sind. Die Gestaltungsauthentizität beweist sich dabei als relevanter Indikator zur Bestimmung des Irreführungsgrades. Während sich aus deontologischer und aus utilitaristischer Sicht die bloß in Kauf genommene Irreführung als bedenkenlos und die Lüge in diesem Kontext als verboten zeigt, herrscht über die intendierte Irreführung Uneinigkeit. Diesen Streitfall löse ich anhand der gewonnenen Erkenntnisse über das, was MmD autonom wollen könnten. Den erarbeiteten Beurteilungsvorschlag runde ich mit einer Empfehlung an Institutionen, die Schein-Elemente einsetzen wollen, und einigen weiterführenden Gedanken ab. (shrink)

We argue for a procedural approach to ethical critique in CDA based upon the ‘argumentative turn’ in CDA advocated in our recent publications. This is not a matter of abandoning substantive critique, or abandoning the long-standing commitment of our version of CDA to critique of domination and of ideology, but of integrating them into a deliberative procedure for critical questioning, from an impartial and unbiased standpoint. The advantage of this position is that it enables us to accentuate ethical criticism and (...) critique in CDA, rather than advocacy and partisanship. The task of critical discourse analysts is to subject argumentation, including their own argumentation, to systematic critical questioning in the spirit of open debate, with no ideological parti-pris. (shrink)

Writing in 1912, before the Bolshevik Revolution, American socialist John Spargo said that it was “inconceivable” that a democratic socialist society would ever abolish the “sacred right” of freedom of publication which had been won at so great a sacrifice. According to Spargo, “every Socialist writer of note” agreed with Karl Kautsky that the freedom of the press, and of literary production in general, is an “essential condition” of democratic socialism.

Many proponents of the Harm Principle seem to implicitly assume that the principle is compatible with permitting the free exchange of goods and services, even if such exchanges generate so-called market harms. I argue that, as a result, proponents of the Harm Principle face a dilemma: either the Harm Principle’s domain cannot include a large number of non-market harm cases or market harms must be treated on par with non-market harms. I then go on to discuss three alternative arguments defending (...) the status of market harms as exceptions to the Harm Principle and discuss why these arguments also fail. (shrink)

We expound an economic explanation of the nature, causes, and effects of moral conventions. We show, first, that systems of moral rules lead to Pareto-efficiency; second, that the efficiency they induce may be interpreted as the outcome of an exchange of courtesies; third, and finally, that moral exchange takes place whenever the costs of transaction are sufficiently low. We also explain various phenomena, including the diversity of moral rules in time and space. Finally, we give sufficient conditions for universal moral (...) rules to emerge in a sequence of agreements involving two agents only at a time. (shrink)

This essay interprets John Locke's teachings about private societies, or free private associations. The essay proceeds by interpreting Locke's mature writings on ethics, politics, and philosophy, and then by illustrating Locke's teachings as they apply to two contemporary problems in associational freedom. Although Locke wrote about private societies primarily in the course of arguing for religious toleration, throughout his mature corpus he develops an internally consistent general theory of associational freedom. At first glance, Locke seems to suggest that all citizens (...) are entitled to associate for any end of their choosing, to control admission into and expulsion from their membership, and to enforce their own internal rules of governance. However, Locke qualifies this broad right to bar societies from organizing around ends inconsistent with the minimal moral and political conditions of liberalism. Ultimately, Locke suggests, citizens deserve a broad right of private society only to the extent that they are well enough formed by their regime and its private institutions to be capable of governing themselves in both private and public life.In contrast with contemporary practice, Locke's justification is broader in some respects and narrower in others. The essay illustrates the implications by considering how Locke's teachings justify limiting the scope of anti-discrimination laws and enlarging the scope of government efforts to dissolve seditious associations. (shrink)

Philosophers have long distinguished various interpretations of the principle of equal opportunity and argued over their implications and justifications. But they have almost always tacitly assumed that the context was a national one. They have not, in particular, considered whether some interpretation of the principle could apply and be justified globally, that is, to all people without regard to their nationality or citizenship. Yet, such an investigation is clearly demanded. The leading moral theories seem to support a case for at (...) least some interpretation of the equal opportunity principle, and it is not obvious that they can support it only domestically.Consider, first, those moral theories which place great value on negative liberty, for example, libertarianism. Libertarianism supports a standard interpretation of the equal opportunity principle – “formal” equality of opportunity; formal equality of opportunity requires that legal restrictions j on the taking of opportunities be lifted, and such restrictions diminish negative liberty. But libertarianism would also seem to support a global. version of formal equality of opportunity, for example, that laws be rescinded which require that candidates for jobs in a country be citizens of that country, or which restrict emigration or immigration. Such laws also diminish negative liberty.Or consider those moral theories which place great value on efficiency, for example, utilitarianism. Utilitarianism probably supports formal equality of opportunity because legal restrictions on the taking of opportunity not only diminish negative liberty, but also often prevent talent and skill from going where it can best be used and thus reduce efficiency. (shrink)

The relevance of justice for the current debate on long-term care is explored on the basis of demographic and economic data, especially in the U.S. and Germany. There is a justice question concerning the quality and availability of long-term care for different groups within society. Mapping the justice debate by discussing the two main opponents, John Rawls and Robert Nozick, the article identifies fundamental assumptions in both theories. An exploration of the biblical concept of the “option for the poor” and (...) its influence on a new “ecumenical social teaching from below” leads to the conclusion that a Christian ethical account of long-term care will argue for a system that guarantees decent care to every citizen. The German model of Soziale Pflegeversicherung is presented as one possible option for putting this ethical guideline into political practice. In a final reflection, the role of religious affiliation for long-term care is discussed by looking at empirical data and by naming seven dimensions of faith-driven long-term care. (shrink)

It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

ABSTRACT:This article deploys Alasdair MacIntyre’s Aristotelian virtue ethics, in which meaningfulness is understood to supervene on human functioning, to bring empirical and ethical accounts of meaningful work into dialogue. Whereas empirical accounts have presented the experience of meaningful work either in terms of agents’ orientation to work or as intrinsic to certain types of work, ethical accounts have largely assumed the latter formulation and subjected it to considerations of distributive justice. This article critiques both the empirical and ethical literatures from (...) the standpoint of MacIntyre’s account of the relationship between the development of virtuous dispositions and participation in work that is productive of goods internal to practices. This reframing suggests new directions for empirical and ethical enquiries. (shrink)

An indeterminate version of Henry Sidgwick’s “Dualism of Practical Reason” may offer a solution to Derek Parfit’s “Repugnant Conclusion”. Here we will outline the problem of Sidgwick’s Dualism and how to resolve it within the framework of practical reason and the problem of Parfit’s Repugnance and why it is irresoluble within the framework of pure utilitarianism. Then we will argue how Sidgwick’s Dualism, under certain formulations of indeterminacy, specifically under those Indeterminacy Views advanced by David Phillips (and others), implies a (...) resolution to the Repugnant Conclusion that is both intuitive and simple, resolving Sidgwick’s Dualism and Parfit’s Repugnance in one conceptual move. (shrink)

Pe tradición filosófica umi enfoque moral rehegua oñemopyenda predominantemente umi concepto ha teoría metafísica ha teológica-pe. Umi concepto tradicional ética rehegua apytépe, ojehecharamovéva ha’e Teoría de Comando Divino (TCD). TCD he’iháicha, Ñandejára ome’ẽ pyenda moral yvypórape ojejapo guive ha umi revelación rupive. Péicha, pe moralidad ha divinidad ndojeseparái va’erãmo’ã pe civilización mombyryvéva guive. Ko'ã concepto oime sumergido peteî estructura teológica ha oasepta principalmente mayoría umi omoirûva mbohapy tradición abrahámica: judaísmo, cristianismo ha islam, oimehápe parte considerable población humana. Oñongatúvo jerovia ha (...) Apocalipsis ifundamento ramo, umi Teorías de Mando Divino noĩri estrictamente sujeto mba’eveichagua tipo de demostración-pe. Umi opositor concepción moral Comando Divino rehegua, oñemopyendáva imposibilidad ohechauka haĝua umi suposición metafísica ha religiosa orekóva, oñeha’ã heta siglo aja odevalorávo importancia orekóva. Oipytyvõ hikuái argumento teoría ndohechaukái evidencia material ha coherencia lógica ha, péva rehe, ndikatúi ojeguereko en cuenta propósito científico térã filosófico. Pe entendimiento moral oikotevẽ peteĩ percepción ha acuerdo tuichavéva umi filósofo apytépe, araka’eve ndohupytýiva hikuái. Universo ha atmósfera ojeréva ko estudio rehe ha'e umi dominio opavave ko'ã conflicto conceptual, ojehecháva punto de vista objetivo ha evolutivo. Taha'e ha'éva ko circunstancia ha importancia intrínseca orekóva, ko'ã porandu mombyry eterei enfoque metodológico peteî discusión analítica moralidad objetiva rehe, ha'éva, añetehápe, objetivo ha alcance ko tembiapo. Jahecha jeyva’erã mbykymi ko’ã teoría tradicional iñimportánteva, ko investigación ha’égui peteĩ estudio comparativo, ha umi suposición orekóva por lo menos tuicha iñambue opaite teoría tradicional-gui. Upévare oñeikotevê oñeikuave'ê moñe'êhárape, ko texto-pe, elemento directo ha específico ombojojáva crítica válida-pe guarã, odispensávo investigación interruptiva. Ha katu, jepe jahecha jey umi teoría tradicional, upevarã exposición comparativa ha crítica, oñeñongatúta ñande preocupación principal ykére, ha'eháicha "aliena materia". Hembipotápe ore estudio ohechauka ha ohustifika existencia ha significado arquetipo moral prehistórico heñóiva directamente principio fundamental, tekotevê social ha ñeha'ã sobrevivencia rehe. Ko'ã arquetipo ha'e definición fundamento esencial ética, agregación orekóva organización lógica colectiva inconsciente ha correspondiente ha transmisión umi etapa evolutiva genoma humano ha umi relación espacio-tiempo iñambuéva, independientemente oimeraê experiencia contemporánea umi tapicha. Ko sistema odefiníva ko'ã arquetipo omoheñói modelo social humano evolutivo. Ko razonamiento he'ise pe moralidad ha'eha peteî atributo primario "homo sapiens" rehegua; ndaha’éi peteĩ mba’e ni peteĩ accidente: ombojoaju yvypóra esencia ha oike yvypóra identidad ontológica reino-pe. Pe fenómeno yvypóra ha’e peteĩ proceso continuo, omboguatáva ifunción determinación aleatoria ha libre albedrío apytépe, ha tekotevẽ ñacuestiona mba’éichapa oñepyrũ pe moralidad ha mba’éichapa ou ñandéve ko’áĝa. (shrink)

Many libertarians assume that there is a close relation between an individual’s self-ownership and her freedom. That relation needs questioning. In this article it is argued that, even in a pre-property state, self-ownership is insufficient to protect freedom. Therefore, libertarians who believe in self-ownership should either offer a defense of freedom that is independent from their defense of self-ownership, make it explicit that they hold freedom as second to self-ownership (and defend that position), or reconsider the moral basis of their (...) political views. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

Some of the most interesting recent work in formal epistemology has focused on developing accuracy-based approaches to justifying Bayesian norms. These approaches are interesting not only because they offer new ways to justify these norms, but because they potentially offer a way to justify all of these norms by appeal to a single, attractive epistemic goal: having accurate beliefs. Recently, Easwaran & Fitelson (2012) have raised worries regarding whether such “all-accuracy” or “purely alethic” approaches can accommodate and justify evidential Bayesian (...) norms. In response, proponents of purely alethic approaches, such as Pettigrew (2013b) and Joyce (2016), have argued that scoring rule arguments provide us with compatible and purely alethic justifications for the traditional Bayesian norms, including evidential norms. In this paper I raise several challenges to this claim. First, I argue that many of the justifications these scoring rule arguments provide are not compatible. Second, I raise worries for the claim that these scoring rule arguments provide purely alethic justifications. Third, I turn to assess the more general question of whether purely alethic justifications for evidential norms are even possible, and argue that, without making some contentious assumptions, they are not. Fourth, I raise some further worries for the possibility of providing purely alethic justifications for content-sensitive evidential norms, like the Principal Principle. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing how Walzer (...) conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)

This essay begins by focusing on four cultural characters that signify different but associated aspects of the changing destiny of the human figure at the end of the twentieth century and beyond. These characters embody the human figure, in the double sense of form and metaphor, at work, at leisure and at war, and as gendered cultural and philosophical ideal. It is our suggestion that they provide excellent images of a general economy of the future present. Their significance as indices (...) of the destiny of the human resides in the way that they disclose the effects of a restricted economy that overflows its boundaries to incorporate, utilise and restrict every element of its generalised expenditure, to use the categories of Georges Bataille: its sumptuary excess, its sacred forms, its abjected waste, its modes of eroticism, its violence. The essay continues by discussing the implications of, and consequences for, human life in the face of the corporate or techno‐bureaucratic drive to incorporate the ‘impossible‐real’. For Paul Virilio, the technological desire to overwrite the temporal and spatial dimensions of ‘the actual’ discloses something of the ‘divine’ in this new technology. In conclusion, then, the essay questions what resistance there might be to the law of the machine‐God who lies, impossibly, as the immanent being of machinic efficiency, operativity and becoming excellence. (shrink)

Different questions generate different forms of practical reasoning. A contextually unrestricted ‘What shall I do?’ is too open to focus reflection. More determinately, an agent may ask, ‘Shall I do X, or Y?’ To answer that, he may need to weigh things up—as fits the derivation of ‘deliberation’ fromlibra(Latin for ‘scales’). Ubiquitous and indispensable though this is, I mention it only to salute it in passing. Or he may ask how to achieve a proposed end: if his end is to (...) do X, he may ask ‘How shall I do X?’ Or he may ask how to apply a universal rule or particular maxim. Aristotle supplies examples inDe Motu Animalium(7.701a7 ff.), whose wording I freely adapt to my own purposes:A1 reasons to a necessary means to achieving an end:I will make a cloak.To make a cloak I must do A.So, I will do A. (shrink)

This article aims to demonstrate that a special category of desire – a state which is sought unconditionally, as an end (sought in and of itself) – is the only ultimate value that logical observers can conceive upon consideration of sufficient conceptual depth. This demonstration appeals to logical reasoning, and ultimately, the reader’s inability to conceive alternate conclusions which are logically consistent. Key words: A Priori, Beings, Desire, Objectivity, Ultimate value, Logicality, Morality, Moral-rationalism, Purism, Moral-realism, Realism.

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of relevant doctrines (...) and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

. Book Reviews. Ethics, Place & Environment: Vol. 3, No. 3, pp. 331-340.

What can we know? How should we live? What is there? Philosophers famously diverge in the answers they give to these and other philosophical questions. It is widely presumed that a lack of convergence on these questions suggests that philosophy is not progressing at all, is not progressing fast enough, or is not progressing as fast as other disciplines, such as the natural sciences. Call the view that ideal philosophical progress is marked by at least some degree of convergence on (...) the core philosophical questions the pro-convergence thesis. I will argue that there is reason to reject the pro-convergence thesis in favor of the anti-convergence thesis, the view that significant viewpoint convergence is at odds with the aims of a philosophically ideal community. The argument centers on a thought experiment about two different philosophical communities. (shrink)

This paper investigates the impacts of emotion enhancement on self-identity and assesses possible ethical consequences of these changes. It introduces the crucial dimensions related to the self which emotion enhancement may endanger—emotion standards, narrative identity, self-objectification, and freedom of hope and pursuit. I argue that the ethically salient issue with emotion enhancement is its impact on autonomous agency—whether one’s actions and beliefs are one’s own, and how the relational autonomy may be hindered or fostered. The changes arising from emotion enhancement (...) may be considered to belong to the same self as long as such changes do not alter the individual’s internal value system and the individual identifies with such changes. That being said, emotion enhancement remains unjustified in terms of freedom. Even if the emotional enhancement is performed out of free will, it does not bring freedom in the true sense, and thus threatens the subject’s special kind of being as the same rational agent. (shrink)

This paper outlines a new pluralistic theory of normative reasons for belief, welfarist pluralism, which aims to explain how there can be basic alethic/epistemic reasons for belief and basic pragmatic/non-alethic reasons for belief that can combine to determine what one ought to believe. The paper shows how this non-derivative first-order pluralism arises from a purely welfarist account of the foundations of theoretical normativity, thereby combining foundational pragmatism with non-derivative pluralism about normative reasons for belief. In addition, this paper outlines how (...) welfarist pluralism provides a new and potentialy attractive account of the value of truth (or its indicators), namely that the value of truth (or its indicators) is its direct contribution to individuals' personal good or wellbeing. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)