Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in every coalitional game. Fully (...) rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (shrink)

Charles Taylor's well-known essay, “Atomism”, criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obligatory. Further, Taylor argues that most people cannot develop (...) autonomy in the absence of a certain sort of social and political environment. Hence, if it is morally obligatory to try to develop autonomy in oneself and others, it is also obligatory to belong to, support, and give obedience to those institutions which create the environment in which autonomy can be developed. (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)

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (shrink)

Time and philosophical fashion have not been kind to hedonism. After flourishing for three centuries or so in its native empiricist habitat, it has latterly all but disappeared from the scene. Does it now merit even passing attention, for other than nostalgic purposes? Like endangered species, discredited ideas do sometimes manage to make a comeback. Is hedonism due for a revival of this sort? Perhaps it is overly optimistic to think that it could ever flourish again in its original form; (...) the evolutionary changes which have rendered the philosophical environment hostile to the classical specimens of the theory are doubtless irreversible. None the less, it is still possible that certain features of the classical view can, and should, be recuperated—like bits of DNA which could contribute to the emergence of new and more robust species. So let us ask ourselves: what is living and what is dead in traditional hedonism? (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)

In this essay, I argue that contemporary democratic theory gives insufficient attention to the important contributions dissenting citizens make to democratic life. Guided by the dissident practices of activist women, I develop a more expansive conception of citizenship that recognizes dissent and an ethic of political courage as vital elements of democratic participation. I illustrate how this perspective on citizenship recasts and reclaims women's courageous dissidence by reconsidering the well-known story of Rosa Parks.

Among the hardest cases in the ethics of killing are those in which one innocent person poses a lethal threat to another. I argue in favour of the intuition that lethal self-defence is permissible in these cases, despite the difficulties that some philosophers (e.g., Otsuka and McMahan) have raised about it. Philosophers writing in this area—including those sympathetic to the intuition (e.g. Thomson and Kamm)—have downplayed or ignored an essential and authoritative role for intuition per se (as against discursive general (...) principles): one based in moral sensibility and imagination rather than discursive argument or conceptual analysis. I am concerned to call attention to and rehabilitate this role for intuition. (shrink)

In the last decades increasing attention is paid to the topic of responsibility in technology development and engineering. The discussion of this topic is often guided by questions related to liability and blameworthiness. Recent discussions in engineering ethics call for a reconsideration of the traditional quest for responsibility. Rather than on alleged wrongdoing and blaming, the focus should shift to more socially responsible engineering, some authors argue. The present paper aims at exploring the different approaches to responsibility in order to (...) see which one is most appropriate to apply to engineering and technology development. Using the example of the development of a new sewage water treatment technology, the paper shows how different approaches for ascribing responsibilities have different implications for engineering practice in general, and R&D or technological design in particular. It was found that there was a tension between the demands that follow from these different approaches, most notably between efficacy and fairness. Although the consequentialist approach with its efficacy criterion turned out to be most powerful, it was also shown that the fairness of responsibility ascriptions should somehow be taken into account. It is proposed to look for alternative, more procedural ways to approach the fairness of responsibility ascriptions. (shrink)

This paper is an exploration of the nature of what is perhaps the most widely recognized justification for inflicting harm on human beings: the appeal to defense (self-defense and other-defense). I develop and defend a rights-based account of the appeal to defense that takes into account whether and to what degree both the aggressor and his potential victim are morally responsible for the relevant threat. However, unlike most extant rights-based accounts, mine is not a forfeiture account. That is, I do (...) not attempt to explain the permissibility of defense in terms of the aggressor’s loss of a right not to be harmed. Instead I appeal directly to the fact that defense in the relevant cases prevents the aggressor from infringing upon the rights of his potential victim. Accordingly, I call my account a “prevention account.”. (shrink)

Many major historical figures in philosophy have provided an answer to the question of what, if anything, makes life meaningful, although they typically have not put it in these terms. Consider, for instance, Aristotle on the human function, Aquinas on the beatific vision, and Kant on the highest good. While these concepts have some bearing on happiness and morality, they are straightforwardly construed as accounts of which final ends a person ought to realize in order to have a significant existence. (...) Despite the venerable pedigree, it is only in the last 50 years or so that something approaching a distinct field on the meaning of life has been established in analytic philosophy, and it is only in the last 25 years that debate with real depth has appeared. Concomitant with the demise of positivism and of utilitarianism in the post-war era has been the rise of analytical enquiry into non-hedonistic conceptions of value grounded on relatively uncontroversial (but not universally shared) judgments or “intuitions,” including conceptions of meaning in life. Englishspeaking philosophers can be expected to continue to find life's meaning of interest as they increasingly realize that it is a distinct line of enquiry that admits of rational enquiry to no less a degree than more familiar normative categories such as well-being, right action, and distributive justice. (shrink)

Two disciplines claim to provide justification of action. Ethics gives you moral reasons to act upon, whereas economics exploits the concept of rationality. The paper discusses two theories of interdisciplinarity of ethics and economics in order to clarify the relationship. The traditional view of a hierarchical ordering of ethics and economics is rejected, and it is claimed that there are substantial economic contributions to ethical justification.

Abstract:In this essay I examine restrictions on labor as takings of property: a liberty to work is property, and restrictions of that liberty are takings. I set property in one’s labor within a unified framework for all forms of property, understood as a social institution for balancing two freedoms: freedom to act even if it interferes with someone else, and freedom from interference. As such, property includes not only possession but also use and disposition. To restrict use or disposition is (...) to alter those freedoms, which is a taking of property, including property in one’s labor. I understand such takings to be justified insofar as they benefit the persons whose freedoms are altered, taking up the question of when restrictions on use and disposition of labor are to the benefit or the harm of excluded workers. Appreciating that labor is property, and that restrictions on labor are takings, reframes the justificatory burden that restrictions on labor must bear. And where that justification is lacking, this approach reframes the nature of the wrongs that unjustified restrictions perpetrate, especially against the most vulnerable workers. (shrink)

I evaluate two contractualist approaches to the ethics of risk: mutual constraint and the probabilistic, ex ante approach. After explaining how these approaches address problems in earlier interpretations of contractualism, I object that they fail to respond to diverse risk preferences in populations. Some people could reasonably reject the risk thresholds associated with these approaches. A strategy for addressing this objection is considering individual risk preferences, similar to those Buchak discusses concerning expected-utility approaches to risk. I defend the risk-preferences-adjusted contractualist (...) approach, which calculates a population’s average risk preference and permits risk thresholds below that preference, only. (shrink)

Ordinary private property rights to things like land and money are typically assumed to be permanent. In contrast, intellectual property (IP) rights usually have term limits. Copyrights, patents, and trademarks all expire by default sometime after they’re formed. I argue that ordinary property (OP) should be more like IP. Certain types of private property rights should be subject to term limits, and after expiration the property should enter a tangible public domain. First, I define private property. Second, I argue the (...) purpose of private property rights is to facilitate access to resources, goods, and services. Conceptions of private property which undermine such access are unjustified. Third, I argue that term limits and the public domain help IP rights fulfill their purpose and could do the same for OP rights. Fourth, I consider specific policy proposals which would put term limits into practice. Finally, I raise and counter potential objections. (shrink)

This book consists of a dialogue between two interlocutors, Pablo and a student, who discuss a great range of issues in social philosophy and political theory, and in particular, the emergence, working properties and economic effects of institutions. It uses the dialogical form to make philosophy more accessible, but also to show how ideas develop through intellectual interaction. The fact that one of the interlocutors is the "student" in a place in the real world makes the dialogue quasi-fictive in character (...) and enables the active engagement of the reader. After all, we are all philosophers and we develop our own philosophy by exchanging views and arguments. The dialogue form is and should remain the principal form of philosophizing, since ideas, like butterflies, do not merely exist – they develop. This is certainly the case in actual philosophical interaction, and it can be the case in written philosophical exposition. Although the dialogue does not presuppose prior acquaintance with the respective philosophical and social scientific literature under discussion in this book, it makes arguments more accessible, and conveys the feeling that there are no definite solutions to philosophical problems. (shrink)

Paolo Silvestri interviews Deirdre Nansen McCloskey on the occasion of her latest book, Bettering Humanomics: A New, and Old, Approach to Economic Science. The interview covers her personal and intellectual life, the main turning points of her journey and her contributions. More specifically, the conversation focuses on McCloskey’s writings on the methodology and rhetoric of economics, her interdisciplinary ventures into the humanities, the Bourgeois Era trilogy with its history of the ‘Great Enrichment’, her liberal political commitments, and the value and (...) meaning of liberty, equality, and solidarity. Finally, the conversation returns to McCloskey’s ‘humanomics’ approach: an economics with the humans left in. (shrink)

The focus of this paper is an influential family of views in the ethics of self-defense and war: views that ground the agent’s liability to be attacked in self-defense in the agent’s moral responsibility for the threat posed. I critically examine the concept of responsibility employed by such views, by looking at potential connections with the contemporary literature on moral responsibility. I start by uncovering some of the key assumptions that Responsibility Views make about the relevant concept of responsibility, and (...) by scrutinizing those assumptions under the lens of more general theorizing about responsibility. I identify an important conflict that arises at that point. The problem is that the concept presupposed by Responsibility Views is in tension with the standard way of understanding the connection between the neutral and non-neutral forms of moral responsibility. I draw attention to a particular strategy that could be used to address this challenge, but I also identify some important obstacles that stand in the way. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

This paper argues that striving is a cardinal virtue in sport and life. It is an overlooked virtue that is an important component of human happiness and a source of a sense of dignity. The human ps...

When libertarian political philosophy attracted wide public notice in the 1970s, a common view was that the distinctive individual rights advocated in libertarian theory required grounding in a theory of ethics. Recently, this view has come under challenge. It has been argued that resort to such grounding in ethical theory is unneeded. An appeal to common sense intuitions suffices to justify libertarianism. First, a brief account of libertarianism will be presented. Then, some examples of the older, pro-grounding position will be (...) discussed. Then, the principal defense of the newer view, Michael Huemer’s The Problem of Political Authority, will be examined. This discussion constitutes the substance of the present paper. The principal contention of the present article will be that the argument to libertarianism from intuitions does not succeed. In conclusion, it will be suggested that a return to the earlier, grounding view is indicated for philosophers who wish to defend libertarianism. (shrink)

Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) why Catalans supposedly have to accept the Court’s authority. The article contends that two arguments—the “mutual benefit argument” and the “law and democracy” argument—will not be independently persuasive to Catalan secessionists. Instead, the Constitutional Court’s authority must ultimately be grounded in a different type of argument: the “law and order argument.” Secessionist Catalans’ supposed duty to obey the orders of the Constitutional Court is ultimately not rooted in a positive service provided by the Court, but in the disruptive effects of disobeying. That exposes an explanatory defect in Joseph Raz’s influential theory of authority, which seeks to ground authority exercises in a concept in prior reason or their capacity to make our life better. That conceptualization misses the key decisionistic element to political authority: its capacity to constitute our reasons, that is, to define the terms that give meaning to our evaluations. (shrink)

In ‘Justice and Nature’, Thomas Nagel claims that social institutions are not responsible for inequalities caused primarily by nature, as opposed to socially caused inequalities. I evaluate this claim. To do so, I distinguish causal responsibility from substantive responsibility. I argue that Nagel rightly identifies conditions in virtue of which social institutions are not substantively responsible for an inequality, but the causal responsibility of nature is irrelevant for that assessment. The natural/social distinction is, I hold, misleading, and I offer two (...) pragmatic reasons to stop using it. Besides, past criticisms to the natural/social distinction have questioned whether identifying the causal responsability of nature for an inequality is descriptively meaningful, epistemically possible, and morally relevant. My reconstruction of Nagel’s view avoids these criticisms, I explain, by depriving the causal responsibility of nature of any role to identify an inequality as naturally caused. Moreover, I show that my reconstruction of Nagel’s view, purged of the natural/social distinction, helps to justify the asymmetrical treatment of class-based inequalities and inequalities among people with different native endowments in the Rawlsian principle of fair equality of opportunity. (shrink)

This article argues for a new interpretation of the realist claim that politics is autonomous from morality and involves specific political values. First, this article defends an original normative...

This paper argues that some of the major theories in current business ethics fail to provide an adequate account of moral responsibility for the creation of systemic financial risk. Using the trading of credit default swaps during the 2008 financial crisis as a case study, I will formulate three challenges that these theories must address: the problem of risk imposition, the problem of unstructured collective harm and the problem of limited knowledge. These challenges will be used to work out key (...) shortcomings of stakeholder approaches and Integrative Social Contracts Theory. I will argue that pluralist connection models used in political theory can help to overcome these shortcomings. Adopting an approach based on these models shows that financial institutions incur obligations in five main areas: managing their own risk profile; remedying some of the harms caused by financial crises; supporting the development of better epistemic methods; curbing the transmission and amplification of initial losses; and instigating structural reforms. (shrink)

Philosophers such as Plato, Aristotle, Kant, Brentano, Moore, and Chisholm suggest marks of intrinsic value. Contemporary philosophers such as Christine Korsgaard have insightful discussions of intrinsic value. But how do we verify that some specific thing really is intrinsically valuable? I propose a natural way to test for intrinsic value: first, strip the candidate bare of all considerations of good consequences; and, second, see if what remains is still a good thing. I argue that we, as ordinary human beings, have (...) an astonishingly difficult time completing this test for plausible candidates. More precisely, for us as we are, it seems that the conditions for completing the first step of the test militate against the conditions for completing the second step. I conclude, then, that we have a good reason to think that we cannot verify whether or not particular things are intrinsically good. I explore some implications and I consider a number of important objections. (shrink)

Ecological thought has made a deep and apparently lasting impact on virtually every tradition in political theory (cf. e.g. Dobson, 2007) with the exception of libertarianism. While left- and right...

Calling Kant a liberal philosopher requires important qualifications. Much like his theoretical philosophy, his political transcendentalism was and remains a great enterprise of navigating between the extremes of liberalism and conservatism, of balancing the “empirical” and the “pure” in human society, as well as in human mind. Of all the attempts to enlist Kant among the classics of liberalism, John Rawls’ is the most impressive and thorough. However, it is hardly a success. The reason for this lies in a profound (...) difference in their answering the fundamental question “What is Man?”. This paper is an attempt to revise the debate about the extent of Rawls’ Kantianism and to compare the meanings of basic concepts of what could be called “pure political anthropology” in Kant and in Rawls. (shrink)

In Anger and Forgiveness, Martha Nussbaum offers a magisterial brief against what she calls “retribution” and “garden‐variety anger.” She does not write as a Christian, but there is much for a Christian ethicist to admire in her learned and creative treatment of moral emotion, including her defense of generosity. Professor Nussbaum is not far from the kingdom of God. I argue, nevertheless, that she blurs or erodes four important distinctions, between justice and love, anger and hatred, retribution and revenge, and (...) utility and sanctity. The upshot is that her call for compassion degenerates into injustice. To justify this appraisal, I lay out Nussbaum’s normative case, identify three major theoretical difficulties with that case, examine briefly the teachings of Socrates and Jesus in relation to revolutionary justice, then note an admitted complexity. (shrink)

: Accusations of infeasibility or utopianism are common in debates over libertarian institutions, but exactly what we mean when we say an idea is “utopian” or “infeasible” is often left unspecified. After reviewing recent philosophical work attempting to clarify the concept of “feasibility,” I consider how the concept has been deployed in the debate among libertarians […].

Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...) dem som drabbats? Dessa frågor måste besvaras för att man skall kunna ta ställning till krav på gottgörelse och rättvisa. Syftet med denna artikel är att identifiera och söka besvara en rad frågor som krav på gottgörande rättvisa efter kolonialismen ställer. Avslutningsvis diskuteras kraven från Mau-Mau-kämparna som var internerade i brittiska läger och hererofolkets krav på kompensation från Tyskland.Nyckelord: Gottgörande rättvisa, kompensation, kolonialism, herero, Mau-Mau, global rättvisa, historisk rättvisaEnglish summary: The Meaning of Historical Justice after ColonialismRecently, four Kikuyus and former Kenyan Mau-Mau fighters claimed compensation for castration, torture and rape committed in the British detention camps in the 1950s. Also recently, representatives of the Herero people went to Berlin to bring home skulls that Germans brought to Berlin after the genocide at the beginning of the Twentieth Century. The detentions and abuses of Kikuyu and the genocide of the Herero people are just two examples of offenses carried out by European nations during colonialism. Do these offenses have any reverberations today? Should we simply forget about the deeds that happened such a long time ago or do they raise any legal or moral questions?The concept of justice has two dimensions, distributional and rectificatory. This article focuses on the meaning and implication of rectificatory justice for historical wrongs. The simple idea that if A is harming B, A has to correct her act, i.e. the basic idea of rectificatory justice, presupposes a line of complicated assumptions when it is applied to specific historical incidences, for example colonialism.A model provides a basis for an explication of rectificatory justice. It is then applied to a discussion of rectification after colonialism. The questions of who can rightly claim rectification and who owes rectification, if there are temporal limitations to rectification and what rectification after colonialism would imply are discussed. The article ends with an explication of the meaning of rectificatory justice, an argumentation for why rectificatory justice is commendable and an assessment of the demands of the Mau-Mau-fighters and the Herero. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...) citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

Many of us have experienced a peculiar feeling of freedom, of the world being open before us. This is the feeling that is captured by phrases like “the freedom of the open road” and “free spirits,” and, to quote Phillip Larkin, “free bloody birds” going “down the long slide / To happiness, endlessly.” This feeling is associated with the ideas that my life could go in many different directions and that there is a vast range of things that I could (...) become. It arises in concert with a wide range of human experiences, including experiences of artistic creation, play, fun, and resistance to authority. This freedom of openness and spontaneity, which I call spontaneous freedom, is central to our ordinary talk about freedom. Yet it is a phenomenon largely ignored in discussions of freedom in contemporary moral philosophy. This is because moral philosophers are primarily concerned to identify the sort of freedom that is a prerequisite for moral responsibility, and so focus on deliberate, voluntary action rooted in rational choice. When moral philosophers do discuss spontaneous freedom, it is often to disparage it as, in the words of Harry Frankfurt, the freedom of “the wanton” whose liberty is merely that of “anarchic impulsive behavior.” My dissertation develops a theory of spontaneous freedom and of the role it does and should play in our lives, including our moral and political lives. I argue that, to do full justice to the human aspiration for freedom, moral and political theory must recognize the value of spontaneity. Through a study of characters from stories and films by Virginia Woolf, Saki, Akira Kurosawa, and Aman Sethi, I develop a phenomenological account of the nature of spontaneous freedom. I argue that we experience spontaneous freedom when we experience our actions as arising out of ourselves but not fixed in advance either by the decisions of other agents or by our own preexisting commitments or plans. I further argue that spontaneous freedom is valuable because it allows for the distinctive pleasure of feeling that one’s life is unforetold and that one is among the sources of novelty in the world, a feeling that is central to artistic creativity. It also affords solace from the anxiety associated with the inevitability of death. As with many experiences, like falling in love or seeing an alpine lake, experiences of spontaneous freedom are most valuable when they are veridical. But even the subjective experience of spontaneous freedom, I suggest, activates our awareness of and openness to possibility. Achieving this awareness, at least on occasion, is valuable because it provides us with a sense of our own psychological potential and sharpens a skill that contributes to practical deliberation. My claim that spontaneous freedom is valuable conflicts with a popular account of the self. According to that account—endorsed by a number of moral philosophers but most famously associated with Christine Korsgaard—the ideal self is one that is well-ordered, actively constituted through rational deliberation. Such integrity theories of the self are attractive because they provide an account of agency according to which ideal moral agents invariably endorse their own actions and beliefs. Integrity theories view freedom as involving rational, deliberative control of one’s actions. But I argue that integrity theories forbid well-constituted moral agents to seek out experiences of spontaneous freedom: such agents must act in a manner that they antecedently and reflectively endorse, while spontaneous freedom requires acting in a manner not antecedently fixed by one’s own decisions. Insofar as spontaneous freedom is a kind of freedom that we do and should value, my account exerts pressure on this standard view of agency and the self. My account of spontaneous freedom also has important political implications. One version of liberal theory holds that the only sort of political freedom worth having is the freedom of each individual to effectively exercise choice compatibly with every other individual doing likewise. On this picture, I have all of the freedom that I could want if I am able to choose autonomously and act in accordance with my choices. But I argue that a community that secures this liberal variety of freedom does not yet provide its members with all the freedom for which people rightly yearn. When public and private institutions arrange our circumstances in ways that make the courses of our lives predictable, our own choices about how to act may be largely settled by the plans and decisions of other agents. This in turn makes it difficult for us to regard our futures as open in the way that is characteristic of experiences of spontaneous freedom. States should promote spontaneous freedom by providing the material and social preconditions for us to feel that our lives could head in radically different and unanticipated directions. (shrink)

Este artículo revisa los fundamentos del utilitarismo de Jeremy Bentham y las principales críticas a esta doctrina, profundizando en aquella que sostiene su incompatibilidad con el respeto irrestricto de los derechos humanos. Insertándose en esta problemática, analiza una paradigmática propuesta política del filósofo inglés: el panóptico, proyecto arquitectónico formulado por Bentham a finales del siglo XVIII con el fin de reformar el sistema penitenciario europeo. A partir del análisis del Panóptico –que se descubre como una aplicación coherente del utilitarismo benthamiano–, (...) se postula que: a) esta doctrina fomenta un trato humanitario; b) los derechos humanos no quedan garantizados, sino condicionados al grado de beneficio colectivo que generen; c) este utilitarismo supone un cuestionamiento por la universalidad e irrevocabilidad de dichos preceptos. (shrink)

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

:Robert Nozick allegedly introduced his liberal theory of private ownership as an objection to theories of end-state justice. Nevertheless, we show that, in a stylized framework for the allocation of goods in joint ventures, both approaches can be seen as complementary. More precisely, in such a context, self-ownership followed by voluntary transfer can lead to end-state fairness. Furthermore, under a certain solidarity condition, the only way to achieve end-state fairness, following Nozick’s procedure, is to endorse an egalitarian rule for the (...) initial assignment of rights. (shrink)

This paper develops an account of rigour in the use of thought experiments in ethics. I argue that there are two separate challenges to be faced. The first is internal validity: is the thought experiment designed in a way that allows its readers to make judgements that are confident and free of bias about the hypothesis or point of principle that it aims to test? The second is external validity: to what extent do ethical judgements that are correct of the (...) world of the thought experiment generalize to a wide variety of other contexts, including ethical decision-making in the actual world? Ensuring external validity is the harder and more important problem of rigour, yet it is one that few philosophers have even noticed, let alone begun to solve. (shrink)

I argue that we have good reason to reject Bernard Suits’ assertion that game-playing is the ideal of human existence, in the absence of a suitably robust account of utopian games. The chief motivating force behind this rejection rests in the fact that Suits begs the question that there exists some possible set of games-by-design in his utopia, such that the playing of its members would sustain an existentially meaningful existence for his utopians, in the event of a hypo-instrumental culture (...) of material superabundance obtaining. But the set of utopian games is unknown and unknowable. Thus any implications of Suits’ vision for the utilization of our leisure time in the present are vitiated by the collapse of his normative ideal: his ‘metaphysics of leisure’ misses its mark. (shrink)

Policies that shift the costs of higher education from the taxpayer to the university student or graduate are increasingly popular, yet they have not been subjected to a thorough normative analysis. This paper provides a critical survey of the standard arguments that have been used in the public debate on higher education funding. These arguments are found to be wanting. In their place, the paper offers a more systematic approach for dealing with the normative issues raised by the funding of (...) higher education. This approach is drawn from the political theory of John Rawls, whose view seeks to reconcile the values of equality, efficiency, and liberty. I show that, contrary to what we may think at first, an egalitarian approach like Rawls’ does not in principle rule out policies that shift the funding burden from taxpayers to students or graduates. Which funding policy that approach selects as most fair will instead depend on the likely impact on the lifetime income prospects of the worst-off group in society, and this is a question which will need to be settled by empirical evidence. (shrink)

I explore the moral implications of four possible futures: a broken future where our affluent way of life is no longer available; a virtual future where human beings spend their entire lives in Nozick's experience machine; a digital future where humans have been replaced by unconscious digital beings; and a theological future where the existence of God has been proved. These futures affect our current ethical thinking in surprising ways. They raise the importance of intergenerational ethics, alter the balance between (...) competing moral theories, and push morality in a more objective direction. (shrink)

Can a society be just if it ignores the plight of other societies? Does it matter whether those societies are contemporaries? Moral “purists” are likely to assume that the answer to these questions must be “no.” Relying on familiar claims about impartiality or universalizability, the purist is likely to assert that the dictates of justice have no bounds, that they extend with equal strength across space and time. On this view, if, for example, justice requires us to maximize the expectations (...) of the worst-off group in our society, it also requires us to maximize the expectations of the worst-off group in any society, at any time, so far as it is in our power to do so. Is such a position plausible? Is it more plausible than alternative positions? I am unsure about the answers to these questions, but both the questions, and the answers, are important. Clearly, the nature and extent of a just society's obligations will vary markedly depending on the scope of the correct principles of justice. (shrink)

Imagine a society of fisherfolk, who, in the state of nature, fish on a lake of finite size. Fishing on the lake is characterized by decreasing returns to scale in labor, because the lake's finite size imply that each successive hour of fishing labor is less effective than the previous one, as the remaining fish become less dense in the lake. In the state of nature, the lake is commonly owned: each fishes as much as he pleases, and, we might (...) suppose, calculates his fishing plan by taking the labor of the others as given, as he sees it. Each knows that the distribution of fish will be proportional to labor expended among the fisherfolk: if I fish twice as long as you, I will end up with twice as much fish as you. This is not due to some kind of concern with equity among the fisherfolk; it is a technological fact, implied by the assumption that fishing labor is homogeneous, and all are equally likely to catch a fish in a unit of time. An equilibrium under common ownership can be thought of as a Nash equilibrium of the game where each computes his optimal fishing plan, given the labor of the others and knowing what the consequent distribution of fish would be. (shrink)

An alleged moral right to informational privacy assumes that we should have control over information about ourselves. What is the philosophical justification for this control? I think that one prevalent answer to this question—an answer that has to do with the justification of negative rights generally—will not do.

My thesis demonstrates that, despite a number of impossibility results, a satisfactory and coherent theory of population ethics is possible. It achieves this by exposing and undermining certain key assumptions that relate to the nature of welfare and personal identity. I analyse a range of arguments against the possibility of producing a satisfactory population axiology that have been proposed by Derek Parfit, Larry Temkin, Tyler Cowen and Gustaf Arrhenius. I conclude that these results pose a real and significant challenge. However, (...) in the absence of further evidence I reject the conclusion that they imply that the value of populations is either not precise or not transitive. Instead, I expose some fundamental assumptions behind these results. One key assumption is that something can only make a life better or worse if it makes that life better or worse for the person living it, i.e. it raises or lowers the ‘welfare level’ of that life. Although intuitively highly plausible, this assumption ignores the possibility that perspectives other than that of the person living a life may be relevant for evaluating the components of that life and that these should be incorporated into our all things considered judgements. I argue that episodes within a person’s life that are strongly psychologically connected may have a special normative significance, particularly if these episodes involve such things as the enjoyment of ‘the best things in life’ or the experience of great suffering. We have reason to assign an all things considered value to such strongly psychologically connected phases of a person’s life, where this value is not exhausted by the contributions these make to the welfare level of that person’s life as a whole. It follows that our all things considered evaluations of populations are often underdetermined by information about the welfare levels of the lives they contain. However, in certain cases, most notably in that of ‘the Repugnant Conclusion’, there is nevertheless sufficient information provided by the welfare levels of persons’ lives to allow us to infer facts about these components that make an all things considered difference to these evaluations. I argue that a failure to acknowledge these facts is the cause of the aforementioned impossibility results and that once they are taken into account it is possible to produce a satisfactory theory of population ethics. (shrink)

Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments (Burczak, 2016) raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand upon the arguments and to explore some related issues. In the narrative that unfolds, Frank H. Knight plays the role of the sophisticated defender of the system of renting, hiring and (...) employing human beings. He was quite clear that the social role of economics is to develop an idealised model, the competitive free enterprise model, and then to frame the normative discussion in terms of that model. Knight would agree with the whole thread of heterodox 'criticism' that the actual economy falls far short of the ideal – which is why I largely eschewed the descriptive shortcomings of ideal model as a purported model of the actual economy. Instead my paper focused on developing a critique of the key part of the idealised model, the marginal productivity theory of distribution under competitive conditions. That critique is based on the usual juridical principle of imputing legal responsibility in accordance with factual responsibility – the principle whose property-theoretic application is the modern treatment of the labour theory of property. Historically, heterodox economics faced a fork in the road in the 19th century: whether to criticise 'the system' by developing the inchoate 'labour theory' as a theory of value or a theory of property. Marx and much of left-wing economics took the labour-theory-of-value road, whereas my paper is part of a modern attempt – Thomas Hodgskin (1832) being an earlier attempt – to take the labour-theory-of-property road. As we will see, much of the debate still revolves around these two roads. Read David Ellerman's original paper "The Labour Theory of Property and Marginal Productivity Theory" › Read Jamie Morgan's commentary on David Ellerman's paper ›. (shrink)