When reading contemporary theories of distributive justice, one could easily get the impression that questions of fiscal design are normatively speaking merely instrumental for realizing the distributive ideal. Once the overall conception of justice is settled upon, questions of how the state should arrange its institutions and policies are settled if they effectively and efficiently promote the preferred distribution. I argue that such pure instrumentalism is mistaken in the context of fiscal policy. As a result, there is nothing problematic or (...) morally arbitrary about accepting domain-specific principles of fiscal justice. (shrink)

This paper reconstructs the conceptual foundations of Locke’s unilateralist theory of original appropriation through a critical comparison with the rival compact theories of Grotius and Pufendorf. Much of the normative and conceptual framework of Locke’s theory is common to theirs. Integrating his innovative doctrines on labour and natural self-proprietorship into this received theoretical framework logically required Locke to make several conceptual amendments. I highlight three all but overlooked revisions: (i) an unusually broad conception of labour; (ii) a reduction of mere (...) use-rights to property rights; and (iii) a novel non-self-preservationist interpretation of the divine authorization to use natural resources in common. The reconceptualization of ‘labour’ is theoretically the most fundamental, underpinning the other two. My contextual reconstruction enhances our grasp of the structure of Locke’s theory of original appropriation. It also reveals Locke’s main objection to compact theories to be an external one, hinging on idiosyncratic conceptualizations of key notions. (shrink)

The values that will govern choices among future energy systems are unlikely to be the same as the values we embrace today. This paper discusses principles of rational choice for agents expecting future value shifts. How do we ought to reason if we believe that some values are likely to change in the future? Are future values more, equally, or less important than present ones? To answer this question, I propose and discuss the Expected Center of Gravity Principle, which articulates (...) what I believe to be a reasonable compromise between present and future values. (shrink)

The medical profession contains five “spheres of morality”: clinical care, clinical research, scientific knowledge, population health, and the market. These distinct sets of normative commitments require physicians to act in different ways depending on the ends of the activity in question. For example, a physician-scientist emphasizes patients’ well-being in clinic, prioritizes the scientific method in lab, and seeks to maximize shareholder returns as a board member of a pharmaceutical firm. Physicians increasingly occupy multiple roles in healthcare and move between them (...) frequently, creating the possibility of conflict between the ethical obligations of their various roles. This paper examines the entire moral landscape of medicine through the lens of role morality. It develops a novel framework that helps physicians recognize how their moral commitments depend on the nature and context of the situation, clarifies ethical conflicts that physicians face, and concludes with ideas for resolving these conflicts. (shrink)

This essay argues that idleness as play and leisure would be recognised as an ideal over game playing in Bernard Suits’ Utopia. Idleness is unaccountably overlooked as an ideal by Suits, as is the problem that his description of game playing is an anachronism, pushing his Utopians into a pre-Utopian condition. There is room for playing games in an idle Utopia but in a less prominent and more restricted role. Idleness as play and leisure is not defended as the sole (...) ideal of Utopian existence though it is possibly that. Rather, it is presented as a compelling and preferable ideal for Suits’ Utopians, thus refuting his claim that game playing is ‘the only possible’ ideal of human existence in Utopia. (shrink)

I consider various principles which might explain our intuitive obligation to rescue people from imminent death at great cost, even when the same resources could produce more benefit elsewhere. Our obligation to rescue is commonly explained in terms of the identifiability of the rescuee, but I reject this account. Instead, I offer two considerations which may come into play. Firstly, I explain the seeming importance of identifiability in terms of an intuitive obligation to prioritise life-extending interventions for people who face (...) a high risk of an early death, and I explain this in turn with a fair innings-style principle which prioritises life-extending interventions for people expected to die young. However, this account is incomplete. It does not explain why we would devote the same resources to rescuing miners stuck down a mine even if they are elderly. We are averse to letting people die suddenly, or separated from friends and family. And so, secondly, I give a new account that explains this in terms of narrative considerations. We value life stories that follow certain patterns, classic patterns which are reflected in many popular myths and stories. We are particularly averse to depriving people of the opportunity to follow some such pattern as they approach death. This means allowing them to sort out their affairs, say goodbyes to family and friends, review their life, or come to terms with death itself. Such activities carry a lot of meaning as ways of closing our life story in the right way. So, for someone who has not been given much notice of their death, an extra month is worth much more than for other patients. Finally, I review the UK National Health Service's end of life premium, which gives priority to patients with short life expectancy. I suggest it falls short in terms of such considerations. For example, the NHS defines its timings in terms of how long the patient can expect to live as at the time of the treatment decision, whereas the timings should be specified in terms of time from diagnosis. (shrink)

The idea that labor mixing confers property in unowned resources is, for many, the very heart of the Lockean system of property. In this essay I shall argue that this common view is mistaken. Locke...

This article is a critical analysis of the most important assumptions of Chantal Mouffe’s political philosophy, along with its original categories such as agonism, radical democracy and hegemony. The sources of her concept are indicated and certain difficulties that the author falls into are distinguished. The thread that is considered central to this philosophy, with the most profound practical consequences, is an attempt to demonstrate the futility of a liberal doctrine that values consensus and deliberation and proclaims an apology for (...) individualism and rationalism. Mouffe’s diagnosis strikes at the most important liberal values with the intention of discrediting them although she tries to creatively adopt others, such as pluralism. She proposes a new paradigm, much fairer than existing ones, because it does not negate the conflictive nature of politics. Does an agonist dispute and radical democracy really have a chance to undermine liberal axiology? Are we dealing with a breakthrough in thinking about politics? (shrink)

Human capital, the knowledge, skills, and abilities of employees, can be a powerful driver of firm performance, yet the mobility of human capital raises questions over how to protect it. Employee non-compete agreements, which limit an employee’s ability to start or join a rival firm, have received recent attention. While past research considers whether non-competes are effective tools at limiting employee mobility, few have considered if non-competes should be used. Filling this gap, I propose a normative schema for when employee (...) non-competes can be considered ethical. A review of the limited existing literature on the ethics of employee non-competes finds that prior research has mostly focused on questions of property rights, which I propose as being nested within other ethical constructs. Analysis of two real-world illustrative examples of employee non-competes leads to a three-prong approach to evaluating non-competes based on ethical dimensions of power, autonomy, and fairness. I end by proposing—although further research is warranted—a measure of employee-level absorptive capacity, which is closely coupled with an employee’s pre-employment human capital, as an employee-level attribute independent of, although likely coincidental with, the tripartite requirements of power/autonomy/fairness for ethical employee non-compete agreements. (shrink)

This thesis discusses the possibility of limited moral trade-offs between different people’s welfare. In chapter 2, I introduce the two central limited trade-off conditions. First, according to minimal infinite superiority, significantly benefiting one person matters more than slightly benefiting each of any number of better-off people. Second, according to minimal finite superiority, significantly benefiting many people matters more than slightly benefiting one person. I consider both axiological and deontic interpretations of these conditions. However, I explain why none of the simple (...) classic moral principles—the simple total and the maximin principles—satisfy both conditions. Furthermore, in chapter 3, I strengthen several proved impossibility results according to which no moral theory satisfies weak interpretations of these central trade-off conditions and several other seemingly plausible minimal conditions. I show that giving up structural axiological and deontic conditions is not a satisfactory solution to these paradoxes. In chapter 4, I discuss the modification of a background assumption of these impossibility results on the measurement of welfare. I show that, given a modification that allows for lexicographically ordered welfare components, a total principle can satisfy all the conditions of the impossibility results. However, I argue that such a modification is not entirely satisfactory because it does not apply in certain instances of the paradoxes. In chapter 5, I discuss a further weakening of minimal infinite superiority. However, I show that a suggested possibility result based on this modification is not valid and that further moral conditions, such as minimal finite superiority, need to be modified. Moreover, I argue that these modified conditions and the principle suggested in the possibility proof—a minimax complaint principle—do not capture the basic idea of the two central limited trade-off conditions sufficiently well. In chapter 6, I argue that other principles suggested for the task—the total claim principles—share the same fate as the simple total principles or the minimax complaint principle. In chapter 7, I propose new principles that take their structural roots from voting theory. I show that, in contrast to the other principles discussed, these principles give plausible verdicts where the other principles failed. Finally, in chapter 8, I consider possible objections levelled against this proposal, and I suggest solutions and avenues for future research. (shrink)

Development literature on global gender empowerment devotes much attention to employment, a code word for the inclusion of women’s labor in the global market. Recent work in transnational feminisms shows that the emphasis on employment over assets may not prevent exploitation of labor and perpetuity of poverty. This paper first highlights research on how women are increasingly taking on too much responsibility, working in a confluence of survival-oriented activities that undermine their own well-being. I also address how women are increasingly (...) able to get out of poverty: when they can labor in such a way that they are not merely working to survive but also working for accumulation of their own material assets, foremost of which is basic housing. Finally, I consider these transnational feminist insights about the importance of housing for women in light of philosophical concerns about property ownership, specifically Locke’s theory of property. In justifying property rights through labor, and arguing against the state’s right to usurp property, a Lockean can give a defense against forced evictions that still occur in some contexts and give support for a normative connection between women’s labor and assets. (shrink)

John Locke is generally seen as an unequivocal defender of private property. However, taken normatively, certain aspects of his argument leave room for interesting loopholes with relevance to some of today’s social and political crises. This paper focuses largely on the spoilage proviso—in which Locke warns against appropriating more than one can make use of—and its possible application to abandoned buildings and the potential for legitimate productive use to be made of them by people other than the legal owner. Using (...) two case studies in which squatters have actively reversed the dereliction of abandoned buildings, this article aims to build a defence of certain types of squatting based on the limitations Locke has placed on the appropriation and the retention of property. (shrink)

This article start from two opposing intuitions in the environmental duties debate. On the one hand, if our lifestyle causes environmental harm, then we have a duty to reduce that impact through lifestyle changes. On the other hand, many people share the intuition that environmental duties cannot demand to alter our lifestyle radically for environmental reasons. These two intuitions underlie the current dualism in the environmental duties debate: those arguing for lifestyle changes and those arguing that our duties are limited (...) to promoting just environmental institutions. The paper has two goals: first, to grasp the underlying reasons for the two intuitions, and, second, to provide a proposal that integrates both intuitions. The paper consists of two main parts. The first part examines the ‘our-duties-should-be-limited’ intuition. Two interpretations are discussed, one under the title ‘what I do make no difference’, dealing with causality and collective action, and one under the title ‘my duty cannot be to change my lifestyle completely’, which discusses demandingness, fairness and value conflict. The second part shows how the ‘lifestyle-matters’ intuition can still play an important role. This part consists of two sections, one on ‘how to make a difference’, which deals with the idea of a cooperative ethos, and the other with ‘why lifestyle matters’, discussing expressive rationality and integrity. These ideas allow giving an important place to lifestyle duties, while avoiding the possible counterproductive effect of a private duties account. (shrink)

Part One of Marx's “On the Jewish Question” is a communitarian manifesto, one of the finest and subtlest ever penned. But has it anything valuable to offer defenders of liberalism?I think it does; for in “On the Jewish Question” Marx points to a potential danger into which communitarians are liable to fall, and I shall argue that his discussion sheds light on an analogous peril for liberals. Specifically, Marx distinguishes between a genuine and a spurious form of communitarianism, and warns (...) that a failure to recognize this distinction may lead communitarians to embrace liberal values in communitarian guise. Using Marx's analysis as a model, I hope to show that the same distinction may be found within the liberal tradition, posing a corresponding danger (communitarian values in liberal guise) into which contemporary liberalism has in large part already fallen. (shrink)

O artigo que aqui se apresenta revisita as principais teses do Utilitarismo em escopo ético, tomando-as sucinta e genericamente, na esteira de John Stuart Mill. O presente tentame, mediante a exposição da teoria e a confrontação com algumas das suas principais críticas, procura compreender um problema fundamental que a parece permear. A escolha recai sobre Stuart Mill, como autor privilegiado para trazer à liça os principais traços de uma doutrina utilitarista, uma vez que coube a si a virtude de expor (...) laconicamente no seu afamado texto – Utilitarianism – aquilo de que a doutrina trata. A escolha também recai sobre o pensador inglês uma vez que o Utilitarismo, principalmente na sua esteira e apesar das críticas que lhe foram e têm sido desferidas, continua a suscitar enorme atração entre aqueles autores que trabalham a possibilidade de uma ética, mesmo quando se afastam sobejamente daquele. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

What is the proper punishment from the perspective of the libertarian philosophy? More specifically, in what way, if at all, may a thief benefit from his robbery? The present essay attempts to wrestle with these challenging questions.

This paper argues that the standard characterisation of the equity-efficiency trade-off as set out in this symposium by Joe Heath overstates the tension between these two values. The reason lies in the fact that economists tend to take individual labour supply preferences as given, which leads to a superficial analysis of the concepts of reservation wage and of economic rent. The paper suggests that we should instead think of reservation wages as variable and as influenced by social norms. Social norms (...) play a double role in this context. First, they represent a constitutive element of market competition; second, they can be a determinant of income inequalities. From this perspective, a certain share of high reservation wages sustained by contingent inegalitarian social norms should count as economic rent. The last section of the paper strengthens this conclusion further by drawing a parallel between expensive tastes in consumption and a certain class of high reservation wages. To the extent that the latter are underpinned by social norms rather than efficiency considerations, not paying them is both just and efficient. (shrink)

By virtue of the Antarctic Treaty, signed in 1959, the territorial claims to Antarctica of seven of the original signatories were held in abeyance or “frozen.” Considered by many as an exemplar of international law, the Antarctic Treaty System has come to be increasingly questioned, however, in a very much changed global scenario that presents new challenges to the governance of the White Continent. In this context, it is necessary to gain a clearer understanding of the moral weight of those (...) initial claims, which stand as a cornerstone of the treaty. The aim of this article is to offer an appraisal of such claims, which may be divided into two main kinds: those grounded on some relevant link to the territory, and those grounded on official documents and geographical doctrines. After pointing to the limitations and challenges that they face, I conclude with some remarks about how this assessment ought to serve as a starting point to rethink the territorial status of Antarctica. (shrink)

Resting as it does on the principle of freedom, today’s global economic system is in need of a global economic ethos of responsibility so as to assure its social and ecological sustainability. Not all ideas of freedom, however, are equally amenable to conceptions of cosmopolitan responsibilities. This article examines how quantitative versus qualitative notions of freedom respectively respond to this challenge. Simply put, quantitative models hinder the integration of responsibility into models of economic rationality whereas qualitative conceptions advance it. As (...) a consequence, efforts to promote a humanistic paradigm of economics and management fare better when oriented at a qualitative idea of freedom. Cast along the lines of a qualitative conception of freedom, corporate responsibility more readily takes on a cosmopolitan dimension apt to meet the needs of the current age of globality. (shrink)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

The Fallibility Norm—the claim that we ought to take our fallibility into account when managing our beliefs—appears to conflict with several other compelling epistemic norms. To shed light on these apparent conflicts, I distinguish two kinds of norms: norms of perfection and norms of compensation. Roughly, norms of perfection tell us how agents ought to behave if they’re to be perfect; norms of compensation tell us how imperfect agents ought to behave in order to compensate for their imperfections. I argue (...) that the Fallibility Norm is a norm of compensation, and that thinking of it like this helps us make progress in debates surrounding disagreement, higher-order evidence, and coherence. (shrink)

David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us to honor basic libertarian (...) commitments. It is suggested libertarianism should be characterized as presumptive libertarianism, treating self-ownership as an assumption the content of which remains to be worked out when applied, rather than as a dogma ready for application: a proposal that relies on a standard market model. Since such a proposal is likely to appear to many philosophers—libertarians in particular—as inherently flawed, a considerable part of this article defends it against possible criticisms. It is argued that presumptive libertarianism is not only a coherent and theoretically elegant notion, but a version of libertarianism that honors pre-theoretical commitments to self-ownership and liberty better than some mainstream versions of libertarianism. (shrink)

Applying competing ethical theories to the issue of bovine TB and badger culling can throw light on the validity of the policy options. Utilitarianism is, superficially at least, an attractive option. However, the aggregative principle is problematic and this is well illustrated in the case of bovine TB and badger culling. Such is the variety and strength of interests to be considered that it is not at all clear which course of action will maximise utility. In addition, it may be (...) that the full range of consequences can never be known with any degree of accuracy. An alternative option is to revert to an animal welfare ethic. This has the effect of cutting down the moral complexities involved in a discussion of bovine TB and badger culling, since, providing it is done humanely, killing badgers is not an ethical issue, and even the infliction of suffering on them is permissible providing it serves a significant human benefit. The animal welfare ethic, however, is normatively inadequate because it exaggerates the ethical importance of personhood. Because of this, it allows us to justify killing badgers, and might even justify the infliction of considerable suffering if by so doing there is a good chance that economic benefits will accrue. As a result, a deontological position, where animals are accorded the protection of rights, seems a much more promising alternative to utilitarianism. The adoption of any variety of animal rights would render badger culling morally illegitimate. (shrink)

An authentic Christian bioethical account of abortion must take into consideration the conflicting epistemologies that separate Christian moral theology from secular moral philosophy. Moral epistemologies directed to the issue of abortion that fail to appreciate the orientation of morality to God will also fail adequately to appreciate the moral issues at stake. Christian accounts of the bioethics of abortion that reduce moral-theological considerations to moral-philosophical considerations will not only fail to appreciate fully the offense of abortion, but morally mislead. This (...) article locates the bioethics of abortion within the theology of the Church of the first millennium, emphasizing that abortion was prohibited, whether or not one considered the embryo or fetus to be ensouled. (shrink)

Utilitarianism seems to require us to sacrifice a person if doing so will produce a net increase in the amount of utility. This feature of utilitarianism is extremely unattractive. The puzzle is how to reject this requirement without rejecting the plausible claim that we are often wise to trade lesser amounts of utility for greater amounts. I argue that such a position is not as paradoxical as it may appear, so long as we understand the relationship between the value of (...) utility and the value of persons in a certain way. I argue that the traditional utilitarian position assumes an inadequate view of this relationship. I suggest a more plausible view of this relationship, one which implies that we may not sacrifice a person merely in order to produce a net gain in utility, where that utility does not result from the saving of any other persons' lives. (shrink)

The human right to health has been established in international law since 1976. However, philosophers have often regarded human rights doctrine as a marginal contribution to political philosophy, or have attempted to distinguish ‘human rights proper’ from ‘aspirations’, with the human right to health often considered as falling into the latter category. Here the human right to health is defended as an attractive approach to global health, and responses are offered to a series of criticisms concerning its demandingness.

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its (...) forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well. (shrink)

Of all the moral concerns regarding privacy in its various meanings, this essay selects only one: the right to be left alone by others, in particular, by government. Because moral controversies in pluralist societies tend to be interminable, and surely controversies regarding privacy are no exception, I approach the right to privacy in terms of the centrality of persons. When there are foundational disputes about which content-full moral view should govern, it is not possible to resolve such controversies without begging (...) the question or conceding at the outset crucial moral premises. This observation is not to affirm a moral skepticism or relativism. At worst, it involves an epistemic skepticism, a skepticism about the possibility of resolving controversies by sound rational argument without begging the question or engaging in an infinite regress. (shrink)

The psychological condition of being happy is best understood as a matter of a person's emotional condition. I elucidate the notion of an emotional condition by introducing two distinctions concerning affect, and argue that this “emotional state” view is probably superior on intuitive and substantive grounds to theories that identify happiness with pleasure or life satisfaction. Life satisfaction views, for example, appear to have deflationary consequences for happiness’ value. This would make happiness an unpromising candidate for the central element in (...) a theory of well-being, as it is in L. W. Sumner's work. Yet on an emotional state conception, happiness may prove to be a key constituent of well-being. the emotional state view also makes happiness less vulnerable to common doubts about the importance of happiness, and indicates that mood states are more important for well-being than is generally recognized.Happiness in intelligent people is the rarest thing I know.Ernest Hemingway. (shrink)

_ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...) right to legal self-ownership. Nonetheless, a concern for animal option-freedom means that humans do have a _pro tanto_ duty of non-interference. Arguments familiar from the liberal tradition moreover imply that such a duty speaks for drastic reforms of existing animal law. But it does not imply wholesale abolitionism: it neither rules out positive duties towards animals nor means that we should abandon all interactions with animals. (shrink)

Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...) to an agent. After briefly outlining the main characteristics of overall freedom as defended by Hillel Steiner and Ian Carter, the article shows that this notion is able to capture many of our intuitions about when and how risk imposition disadvantages an agent, without reference to welfare indicators. The article argues that if this non-welfarist perspective can be defended, then it would be easier to approach a number of applied questions about risk, including the questions of when risk imposition is permissible or legitimate, in which ways risk can be an object of distributive justice and how one can be compensated for being subject to a risk. (shrink)

Is guidance by social norms compatible with rationality? Jon Elster has argued in The Cement of Society that there is a fundamental contrast between rationality and conformity to social norms. The context of study is the problem of collective action, with special emphasis on collective wage bargaining. In such negotiations, the appeal to social norms rather than to self-interest can block agreement. Suppose one union is committed to the norm of equal pay for equal work; another one appeals to the (...) norm of equal pay for everybody, regardless of the type of work. ‘In the presence of competing norms that favor different groups, the self-righteousness conferred by belief in a norm can lead to a bargaining impasse.'In confrontations between individuals, codes of honor can produce similar problems. It is in no one's interest to face a colleague over the barrel of a gun because one has made a nasty remark about his latest book, but if the code demands that one fight it out, the challenge must be accepted. (shrink)

This article distinguishes historical ills and historical injustices. It conceives of the latter as legalised natural crimes; committed by morally competent agents. A natural crime consists in the deliberate violation of a natural right. 'Legalised' means that the natural crime must be prescribed; permitted or tolerated by the legal system. I advocate an approach which assesses moral competence on the basis of an exposedness criterion; that is: a historical agent must not be blamed for failing to see the right moral (...) reasons if his epoch and social world is utterly unacquainted with these reasons. However; an appropriate application of the exposedness criterion should take social factors and psychological mechanisms into account that obstruct access to the right reasons. I state a number of factors that seem to be auspicious for the development of moral competence. (shrink)

In a little noted passage in A Theory of Justice, John Rawls argued that genetic intervention in the traits of offspring may be morally required as a matter of distributive justice. Given that the “greater natural assets” of each “enables him to pursue a preferred plan of life[,]” Rawls wrote, the parties to the original position “want to insure for their descendents the best genetic endowment.…Thus over time a society is to take steps at least to preserve the general level (...) of natural abilities and to prevent the diffusion of serious defects.…The pursuit of reasonable policies in this regard is something that earlier generations owe to later ones.” Whether biological enhancement actually is a moral obligation we owe to future generations is a question that I have taken up elsewhere, but which lies beyond my scope here. If we agree with Rawls that some measure of safe and effective genetic intervention may be required as a matter of justice, it stands to ask how the distribution of genetic goods – that is, the hereditary basis of human traits – should be carried out. (shrink)

‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...) we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

The revival of classical liberal thought has reignited a debate about economic freedom and social justice. Classical liberals claim to defend expansive economic freedom, while their critics wish to restrict this freedom for other values. However, there are two problems with the role ‘economic freedom’ plays in this debate: inconsistency in the use of the concept and indeterminacy with respect to its definition. Inconsistency in the use of the concept ‘freedom’ has mistakenly made a certain kind of ‘left-wing’ critique of (...) poverty, and of markets generally, appear to be a concern with inequality in means to enjoy freedom, not with freedom itself. Indeterminacy about which beings and doings the basic liberties protect misrepresents the left-wing position as about something other than economic freedom. Inconsistency and indeterminacy lead to artificial narrowness in current debates and to a failure to see that disagreement is based not just on moral differences but also on conceptual confusion. This confusion leads both classical liberals and their critics to claim more than they may legitimately do, and to ignore a position that accepts the standard of definition of freedom but arrives at different institutional conclusions about what secures that freedom. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

This article explores the consequences of interventions to secure moral enhancement that are at once compulsory and inescapable and of which the subject will be totally unaware. These are encapsulated in an arresting example used by Ingmar Perrson and Julian Savulescu concerning a “God machine” capable of achieving at least three of these four objectives. This article demonstrates that the first objective—namely, moral enhancement—is impossible to achieve by these means and that the remaining three are neither moral nor enhancements nor (...) remotely desirable. Along the way the nature of morality properly so called is further explored. (shrink)

This paper carries forward the conceptual clarification of normative theories of business ethics ably begun by Hasnas in the January 1998 issue of BEQ. This paper proposes a normatively neutral framework for discussing and assessing such normative theories. Every normative theory needs to address these seven issues: it needs to specify a moral principle that identifies (1) recommended values and (2) the grounds for accepting those values. It also must specify (3) a decision principle that business people who accept the (...) theory can use. It must determine (4) who the normative theory applies to and (5) whose interests need to be considered. It must also outline (6) in what contexts it applies, and (7) what legal and regulatory structures it assumes. Once clarified, this paper applies the framework to the normative versions of stockholder theory, stakeholder theory, and ISCT. It is concluded that ISCT is the most promising normative theory currently under discussion, but that there are some major issues that ISCT has not dealt with yet. (shrink)

L’une des nombreuses définitions de la mondialisation la présente comme une dynamique ayant répandu à travers le monde entier les structures sociales modernes telles que le capitalisme, la bureaucratie, la haute technologie ou encore la philosophie du rationalisme et du libéralisme. En effet, dans ce sens, le libéralisme a en général prévalu en tant que cadre politique dominant dans la mondialisation actuelle. La plupart des gouvernements ont promu des politiques néolibérales à l’égard de la mondialisation, tandis que des organismes multilatéraux (...) influents n’ont cessé d’associer la mondialisation à la libéralisation. Les partisans de la mondialisation ont également proliféré dans les cercles commerciaux, notamment sur les marchés financiers, et su multiplient parmi les dirigeants d’entreprises transfrontalières. Les associations d’entrepreneurs et les mass-médias tournés vers la finance représentent de même des bastions du néolibéralisme qu’ils considèrent globalement comme une autorité en ce qui concerne la politique de la mondialisation. Autrement dit, les idées néolibérales sont depuis quelque temps acceptées comme une vérité absolue dictée par le « bon sens ». Le texte élabore la thèse suivante : le néolibéralisme – une sorte de théorie philosophique, politique et économique, appelée libertarianisme, qui s’est imposée dans la mondialisation contemporaine en tant qu’approche dominante – ne coïncide pas avec l’idéal de la société bien ordonnée de la démocratie libérale qui découle des idées, des aspects et des dimensions de la philosophie libérale diamétralement opposés. La philosophie sociale du libéralisme, développée dans l’oeuvre de Kant, Hayek, Dworkin et Rawls, considère la conception de la démocratie libérale moderne, fondée sur le règne de la loi, la protection des droits de l’homme et des droits civiques ainsi que sur les idées d’égalité, de justice et d’équité. Dans ce sens, les programmes de « discrimination positive » des couches sociales les plus basses sont en parfait accord avec cette philosophie libérale qui protège les droits individuels. Partant de là, la mondialisation économique et culturelle devrait faire l’objet d’une analyse conceptuelle claire avec pour impératif normatif la mondialisation de la responsabilité dont l’objectif serait de protéger l’avenir mondial de l’humanité. Une sorte de contrôle démocratique et de règne du droit sont tout aussi nécessaires dans notre monde globalisé. Le devoir central de la politique mondiale – à savoir de stopper le chaos global qui menace d’être une conséquence inévitable d’une mondialisation non contrôlée – implique, entre autres, un ordre légal international avec une sorte de gouvernance démocratique mondiale. Cependant, une question décisive, à laquelle il est difficile de répondre, se pose à propos de la construction démocratique mondiale : comment bâtir une politique de gouvernance mondiale dans notre monde divisé ? (shrink)