Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal (...) paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored. (shrink)

Protection of intellectual property as well as its exploitation for monetary benefit have existed for centuries. However, commercialization of intellectual property had not entered the precincts of academic universities in a significant way until the introduction of the Bayh–Dole Act in the 1980s in the United States. The post–Bayh–Dole era has seen a quantitative increase in patenting activity in universities. This article summarizes the ethical conflicts ushered in by increasing commercialization of academic university research. Activities related to the protection and (...) commercial exploitation of intellectual property have led to changes in academic culture that have given room for debate between the puritans and the modernists. Issues contended by the two groups have been identified, and both sides of the argument are discussed. The key to achieving “responsible commercialization of research” is to balance the Bayh–Dole ethos with the traditional Mertonian norms of academic research. (shrink)

It is widely accepted that one of the main objectives of government expenditure on health care is to generate health. Since health is a function of both length of life and quality of life, the quality-adjusted life-year (QALY) has been developed in an attempt to combine the value of these attributes into a single index number. The QALY approach - and particularly the decision rule that healthcare resources should be allocated so as to maximise the number of QALYs generated - (...) has often been equated with the utilitarian philosophy of maximising `the greatest happiness of the greatest number'. This paper considers the extent to which the measurement and aggregation of QALYs really is utilitarian by developing a new taxonomy in order to classify utilitarianism and the different aspects of the QALY approach. It is shown that the measurement of QALYs is consistent with a number of different moral positions and that QALYs do not have to be aggregated according to the maximisation rule. Therefore it is inappropriate to necessarily equate QALYs with utilitarianism. It is shown that much turns on what in principle the QALY represents and how in practice it can be operationalised. The paper highlights the category confusion that is often present here and suggests possible avenues for future theoretical and empirical research. (shrink)

In our everyday moral deliberations, we attend to two central types of considerations – outcomes and moral rules. How these considerations interrelate is central to the long-standing debate between deontologists and utilitarians. Is the weight we attach to moral rules reducible to their conduciveness to good outcomes (as many utilitarians claim)? Or do we take moral rules to be absolute constraints on action that normatively trump outcomes (as many deontologists claim)? Arguments over these issues characteristically appeal to commonsense intuitions about (...) various cases. As a result, an important portion of the debate involves empirically tractable questions — questions that can be investigated by probing for people’s judgments in cases in which the two types of considerations come into conflict with one another. (shrink)

The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: the plurality of understandings of justice, fairness, and equality, and the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of (...) one such account on peaceable, consenting adults. This state of affairs, with regard to the weakness of human moral epistemological powers, means that the secular state fails to have the moral authority to forbid coercively the sale and purchase of organs. It further lacks the secular, moral authority to impose equal access to organ transplantations. Assertions of such authority amount to reckless claims of fairness, and for this reason, health care policy must be set within the constraints of limited, constitutional regimes. (shrink)

Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political bonds.Footnotes* For helpful comments on and discussion (...) of earlier drafts of this paper, I am grateful to the other contributors to this volume, the editors of Social Philosophy and Policy, Colin Bird, Richard Dagger, Joshua Dienstag, Charles Kromkowski, David Mapel, Debra Morris, John Simmons, Vivian Thomson, and Steven Wall. (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. The question “Why do we have the rights we do?” obviously presupposes that we do have some rights; that is, that propositions of the form ‘We have the right to x,’ or of the form ‘We have the right to do x,’ are true for certain values of x. The same issues would arise if the original question had been formulated, or were to be reformulated, as it sometimes is, in a purely existential manner, viz., “Why are there the (...) rights there are?” I believe there is no difference between the two questions except a verbal one; at least, both of them share the same existential presupposition to the effect that there are certain rights. I mention this point for two reasons. One is merely to acknowledge the trivial but true point that the question in my title does have an existential presupposition. The second and more important point is that since I shall have very little to say about any actual rights, I would not want anyone to infer from my silence that I do not think we have any rights. I accept the presupposition of my original question, but I shall not dwell upon it. 2. One might ask my original question and mean by rights, legal rights, that is, rights identified through the legal provisions of some legal system. That is not the sense in which I pose the question. It is true that a legal positivist would be able to give no intelligible meaning to my question except by treating it as equivalent to asking, “Why do we have the legal rights we do?” However, since I am not a legal positivist, I want my question understood in another way. (shrink)

Statements about a person's good slip into and out of our ordinary discourse about the world with nary a ripple. Such statements are objects of belief and assertion, they obey the rules of logic, and they are often defended by evidence and argument. They even participate in common-sense explanations, as when we say of some person that he has been less subject to wild swings of enthusiasm and disappointment now that, with experience, he has gained a clearer idea of what (...) is good for him. Statements about a person's good present themselves as being about something with respect to which our beliefs can be true or false, warranted or unwarranted. Let us speak of these features as the descriptive side of discourse about a person's good. (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)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation of unowned (...) natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

In his 1993 health-care reform proposal, Bill Clinton offered health care as a civil right. If his proposal had been accepted, all Americans would have been guaranteed a basic package of health care. At the same time, they would have been forbidden to provide or purchase better basic health care, as a cost of participating in a national system to which they were compelled to contribute. A welfare entitlement would have been created and an egalitarian ethos enforced. This essay will (...) address why such egalitarian proposals are morally unjustifiable, both in terms of the establishment of a uniform health-care welfare right, and in terms of the egalitarian constraints these proposals impose against the use of private resources in the purchase of better-quality basic health care, not to mention luxury care. (shrink)

Something can be said to be good for a particular person, whether or not it is good for anyone else, let alone good ‘overall’ or ‘good simpliciter ’. Sometimes we speak of ‘John's good’ as well as of things that are ‘good for John’. What is ‘good for John’ is whatever enhances his ‘good’ or, to use an apparently synonymous term, his ‘well-being’. But what is a person's well-being: in what does it consist?

Although the belief that killing is normally wrong is as universal and uncontroversial a moral belief as we are likely to find, no one, to my knowledge, has ever offered an account of why killing is wrong that even begins to do justice to the full range of common sense beliefs about the morality of killing. Yet such an account would be of considerable practical significance, since understanding why some killings are wrong should help us to determine the conditions in (...) which killing is not wrong. For, in those cases in which the reasons why killing is wrong do not apply, killing may be permissible or, if there are positive reasons that favour it, even morally required. (shrink)

Today talk of rights is very much in vogue both in philosophical and popular ethics; so much so that it is common to find even philosophers unabashedly going straight to discussing what rights we have without touching on what their foundation might be. This is so in spite of there being a time-honoured tradition of scepticism about rights, conceived as ‘natural’ ones, going back at least to Jeremy Bentham. The present paper is intended as a contribution to this sceptical tradition (...) for I shall try to prove that there are no natural rights or that nobody is the holder of any such right. (shrink)

Recent years have seen the emergence of a new brand of moral philosopher. Straddling the gap between academia on the one hand, and the world of law, medicine, and politics on the other, bioethicists have appeared, offering advice on ethical issues to a wider public than the philosophy classroom. Some bioethicists, like Peter Singer, have achieved wide notoriety in the public realm with provocative arguments that challenge widely held beliefs about the relative moral status of animals, human foetuses and newborn (...) babies. Other bioethicists practice their trade with greater protection from public scrutiny, confining their thoughts to committees in government circles, universities, charitable institutions, or hospitals. But what exactly is it that bioethicists have to offer in such contexts? What sort of expertise do bioethicists have that justifies their employment on these committees, or the time and space accorded to their views on television and the radio, or in newspapers and magazines? In spite of being an expanding group of professionals who attract large sums of private and public funding, bioethicists are sometimes met with suspicion or even hostility, both inside and outside academia. One common criticism is that the presence of bioethicists is unproductive in practical bioethical debate. In light of this criticism one might wonder why the relevant funding bodies have not spotted the hoax and withdrawn their funding. Certainly, if bioethicists.. (shrink)

It is often assumed that conventional ethics will contribute positively to economics and business, but here, this judgment will be examined. The conventional ethics of our time is dominated by altruistic philosophy, which has deep roots in religion. Such an idealistic ‘altruistic ethics’ especially emphasizes helping the least advantaged. This principle is contrasted with a more profane ‘reciprocal ethics.’ This term is used for the principle of mutual advantage central to a number of significant philosophers. This latter principle is compatible (...) with the practical norms constituting the morals of the market, while the former implies major adjustment of behavior and policies. Many ethicists consider their field to be ‘applied ethics,’ bringing the concrete rules and practices of the economic sector closer to honored first principles of philosophy. Is it reasonable to expect an influence by the ideas of altruistic ethics to improve the morals and policies of the economy? The process of the Heavily Indebted Poor Countries (HIPC) Initiative of the United Nations illustrates a probably crucial connection with altruistic ethics. Is this project, supported by religiously inspired groups, a sound way to treat a serious global problem? The disadvantages of this project are discussed and alternatives with better potential are presented. The article suggests that altruistic ethics is a dubious foundation for constructive morality and that its dominance in contemporary philosophy constitutes a major obstacle to a more open-minded analysis and sound policies. (shrink)

During the last decade a “technical” approach has become increasingly influential in health care priority setting. The various country reports illustrate, however, that non-technical considerations cannot be avoided. As they often remain implicit in health care package decisions, this paper aims to make these normative judgements an explicit part of the procedure. More specifically, it aims to integrate different models of distributive justice as well as the principle of solidarity in four different phases of a decision-making procedure, and to identify (...) important moral choices which present themselves. First four important justice models are discussed, then a justification is given for their inclusion in a four-step decision making procedure. This is followed by a discussion of different justice and solidarity problems—with their inherent conceptual difficulties in each of these stages. The paper concludes with a summary of the major moral choices that are to be made in health care package decisions. (shrink)

In September 1994, theNew York Timescarried a front page article declaring healthcare reform dead in Congress. The obituary on healthcare followed a Congressional decision not to pursue the issue further in 1994. Although Congress and the President will likely revisit healthcare reform during 1995, the choices may be between various incremental steps, rather than substantive changes to bring about universal coverage.

One feature of socialism that has been little discussed in the recent revival of interest in Marx is the basic form of economic organization that will characterize such a society. Marx's view, to be documented in what follows, is that socialism would not have a market economy. This prediction should be a matter of some embarrassment or consternation to twentieth-century socialists outside of the Soviet bloc who claim a Marxist heritage. Despite the fact that some socialist regimes in the first (...) half of this century did carry out a program of abolishing the market, the abolition of markets is no longer on the agenda for developed and developing countries. On the Left, anyway, some form of market socialism seems to be the preferred alternative; Yugoslavia is often pointed to as an imperfect real world exemplar of what market socialism might be like. (shrink)

What role, if any, should the government perform in a society? Two very different answers to this question have been provided by John Rawls and Robert Nozick. For Rawls, the government plays an important role in ensuring that the principles of justice are realized in the workings of society. For Nozick, the role of government is limited to that of providing protection. The debate over these two views has led to the questioning of the entire liberal doctrine, a questioning that (...) has taken place not only within intellectual circles, but also within the society at large. (shrink)

The social discount rate – the rate at which future benefit flows from government investment are discounted to present value – has been a frequent subject of technical debate among professional economists. From a broader perspective, however, the selection of an appropriate rate enjoins consideration of questions that define the very contours of our public philosophy. It carries implicit assumptions about the nature of citizenship, the relation between public and private spheres, and, most singularly, the status of a political society (...) as it is located in time. A key determinant of intertemporal economic allocation, the social discount rate provides a unique registry of a polity's historical consciousness and perceptions of its intergenerational obligations. Yet the highly technical nature of the debate over the discount rate has proven inhospitable to scholars otherwise inclined to investigate its ethical dimensions. Some, notably A. K. Sen, have begun to address these philosophical issues, though much territory remains to be explored. (shrink)

Decision-making typically requires judgments about causal relations: we need to know the causal effects of our actions and the causal relevance of various environmental factors. We investigate how several individuals' causal judgments can be aggregated into collective causal judgments. First, we consider the aggregation of causal judgments via the aggregation of probabilistic judgments, and identify the limitations of this approach. We then explore the possibility of aggregating causal judgments independently of probabilistic ones. Formally, we introduce the problem of causal-network aggregation. (...) Finally, we revisit the aggregation of probabilistic judgments when this is constrained by prior aggregation of qualitative causal judgments. (shrink)

The traditional Western notion of freedom of expression has been criticized in recent years by critical race theorists who argue that this ethos ignores the gross power imbalance between the users of hate speech and their victims. These claims have in turn produced a counterattack by those who hew to the classical libertarian model of free speech. This article examines the arguments put forth by both proponents of the libertarian model of free expression and critical race theorists. By providing a (...) historical analysis of the competing ethical models behind these arguments and the ramifications of each approach toward hate speech, this article attempts to provide a useful and practical model for approaching the problem of hateful messages in modern society. (shrink)

G. A. Cohen's Rescuing Justice and Equality proposes that both concepts need rescuing from the work of John Rawls. Especially, it is concerned with Rawls' famous second principle of justice according to which social primary goods should be distributed equally unless an unequal distribution is to the benefit of the worst off. The question is why this would ever be necessary if all parties are just. Cohen and I agree that Rawls cannot really justify inequalities on the basis given. But (...) he also thinks equality is the correct analysis of justice, though he provides no actual direct arguments for this. He does, however, provide a striking analytical argument claiming that fundamental principles of justice must be fact insensitive, and that Rawls's view of justice violates this requirement. I argue that the requirement is itself misconceived and that principles of justice cannot possibly be fact insensitive in the sense developed by Cohen. Few philosophers share this view of Cohen's—which I argue is due to several conceptual mistakes. With these ironed out, the contractarian view, broadly speaking, is seen to be plausible and powerful. Meanwhile Cohen appears to embrace intuitionism, a stance that cannot possibly be acceptable in social philosophy. In the end, Cohen is successful in arguing that Rawls cannot have what he wants, but neither is Cohen successful in claiming that justice is equality. (shrink)

This essay is an attempt to piece together the elements of G. A. Cohen's thought on the theory of socialism during his long intellectual voyage from Marxism to political philosophy. It begins from his theory of the maldistribution of freedom under capitalism, moves onto his critique of libertarian property rights, to his diagnosis of the “deep inegalitarian” structure of John Rawls' theory and concludes with his rejection of the “cheap” fraternity promulgated by liberal egalitarianism. The paper's exegetical contention is that (...) Cohen's work in political philosophy is best understood in the background of lifelong commitment to a form of democratic, non-market, socialism realizing the values of freedom, equality and community, as he conceived them. The first part of the essay is therefore an attempt to retrieve core socialism-related arguments by chronologically examining the development of Cohen's views, using his books as thematic signposts. The second part brings these arguments together with an eye to reconstructing his vision of socialism. It turns out that Cohen's political philosophy offers a rich conception of objective and subjective freedom, an original understanding of justice as satisfaction of genuine need, and a substantive ideal of fraternity as justificatory community with others. If properly united, these values can suggest a full-bloodied account of the just polity, and give us a glimpse into what it means, for Cohen, to treat people as equals. (shrink)

Within the literature, Daoist political philosophy has often been linked with anarchism. While some extended arguments have been offered in favor of this conclusion, I take this position to be tenuous and predicated on an assumption that coercive authority cannot be applied through wuwei. Focusing on the Laozi as the fundamental political text of classical Daoism, I lay out a general account of why one ought to be skeptical of classifying it as anarchistic. Keeping this skepticism in mind and recognizing (...) the importance of wuwei in arguments for the anarchist conclusion, I provide a non-anarchistic interpretation of wuwei as a political technique that is consistent with the text of the Laozi. Having presented a plausible alternative to the anarchist understanding of wuwei, I close my discussion with a brief sketch of a positive account of the political theory of the Laozi. (shrink)

In this paper, I first argue that waste is best understood as (a) any process wherein something useful becomes less useful and that produces less benefit than is lost—where benefit and usefulness are understood with reference to the same metric—or (b) the result of such a process. I next argue for the immorality of waste. My concluding suggestions are that (W1) if one person needs something for her preservation and a second person has it, is avoidably wasting it, and refuses (...) to allow the first to make some greater use of it, the second may be morally wrong and that (W2) if one person needs something for her preservation understood according to her metric and a second person has it, is avoidably wasting it according to his own metric, and refuses to allow the first to make some greater use of it, the second is morally wrong. (shrink)

In Searle’s social ontology, collective intentionality is an essential component of all institutional facts. This is because the latter involve the assignment of functions, namely "status functions," on entities whose physical features do not guarantee their performance, therefore requiring our acceptance that it be performed. One counter-example to that claim can be found in Carl Menger’s individualistic account of the money system. Menger’s commitment to the self-interest assumption, however, prevents him from accounting for the deontic dimensions of institutional facts.

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

Three metaphors appear to guide contemporary thinking about organ transplantation. Although the gift is the sanctioned metaphor for donating organs, the underlying perspective from the side of the state, authorities and the medical establishment often seems to be that the body shall rather be understood as a resource . The acute scarcity of organs, which generates a desperate demand in relation to a group of potential suppliers who are desperate to an equal extent, leads easily to the gift’s becoming, in (...) reality, not only a resource, but also a commodity . In this paper, the claim is made that a successful explication of the gift metaphor in the case of organ transplantation and a complementary defence of the ethical primacy of the giving of organs need to be grounded in a philosophical anthropology which considers the implications of embodiment in a different and more substantial way than is generally the case in contemporary bioethics. I show that Heidegger’s phenomenology offers such an alternative, with the help of which we can understand why body parts could and, indeed, under certain circumstances, should be given to others in need, but yet are neither resources nor properties to be sold. The phenomenological exploration in question is tied to fundamental questions about what kind of relationship we have to our own bodies, as well as about what kind of relationship we have to each other as human beings sharing the same being-in-the-world as embodied creatures. (shrink)

Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first explain why one (...) of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (shrink)

Wayne Sumner, in the first six chapters of his excellent book Welfare, Happiness and Ethics, argues for what he calls an authentic life satisfaction theory of welfare. Somewhat generally, Sumner's theory of welfare is a sophisticated subjective account that treats one's happiness of a certain sort, and in the right conditions, as enhancing one's welfare. In this essay, I critically explore Sumner's account of welfare. I argue that Sumner's arguments for his own account of welfare, when followed to their logical (...) conclusion, support a position which is slightly, but significantly, different from his own position. Additionally, I argue that Sumner's account of welfare has several counter-intuitive implications. I conclude that his account is seriously flawed. (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural (...) law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

I present what I take to be the approach to property rights, in which property is basically a unitary concept: owners are the ones with the right to do, and prohibit others from doing, whatever there is to do with the thing owned, within the limits imposed by the rights of others to their things. I expound and defend the idea of in more or less Lockean mode. I also point to the many difficulties of application of the general idea, (...) leading to the need to negotiate at many points. For example, the vagueness of land ownership as we consider what goes on in the earth below or the sky above; to consideration of not just possible physical damages to others by virtue of ownership, but also aesthetic ones; and to the increasingly important area of intellectual property. I argue that the original idea continues to hold, though it underdetermines any number of specific issues. (shrink)

According to what we could call the "liberal" theory of distributive justice, people do not deserve the money they are able to make in the market for contributing to the economy. Yet the standard arguments for that view, which center on the fact that persons have very limited control over the size of their contributions, would also seem to imply that persons cannot deserve admiration, appreciation, esteem, praise and so on for these and other contributions. The control asymmetry is this: (...) the first conclusion of these arguments is acceptable but the second not. This paper is an effort to defend that claim, but without appeal to the notion of control. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

Deontological ethicists generally agree that there is a way of harming others such that it is wrong to harm others in that way for the sake of producing a comparable but greater benefit for others. Given plausible assumptions about this type of harm, this principle yields the paradoxical result that it may be wrong to do A, wrong to do B, but permissible to do (A and B).

The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it is important to consider (...) means of strengthening employees’ negotiating power. This article emphasizes the importance of contextualizing consent for contractual agreements to be ethically acceptable. (shrink)

Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop (...) commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)

I present a problem for a prominent kind of conservatism, viz., the combination of traditional moral & religious values, patriotic nationalism, and libertarian capitalism. The problem is that these elements sometimes conflict. In particular, I show how libertarian capitalism and patriotic nationalism conflict via a scenario in which the thing that libertarian capitalists love – unregulated market activity – threatens what American patriots love – a strong, independent America. Unrestricted libertarian rights to buy and sell land would permit the sale (...) of all American territory by private individuals to foreign powers. Patriotic nationalists regard this as outrageous, but libertarian capitalists cannot refuse it. (shrink)

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)