In a recent discussion of Amartya Sen's concept of the capabilities of people for functioning in their society – and the idea of targeting people's functioning capabilities in evaluating the society – G. A. Cohen accuses Sen of espousing an inappropriate, ‘athletic’ image of the person (Cohen, 1993, pp. 24–5). The idea is that if Sen's formulations are to be taken at face value, then life is valuable only so far as people actively choose most facets of their existence: if (...) they fare well in the material stakes, for example, they must fare well as a result of active choice and effort, not because anyone else looks after them. ‘That’, says Cohen, ‘overestimates the place of freedom and activity in well-being’ (p. 25). (shrink)

Many political libertarians argue, or assume, that negative moral duties (duties not to harm others) prevail over positive moral duties (duties to aid others), and that the legal system ought to reflect such pre-eminence. I call into question this strategy for defending a libertarian order. I start by arguing that a successful account of the well-known case of a runaway trolley that is about to kill five innocents unless a passer-by diverts it onto one innocent, killing him, should point to (...) (i) the ex ante advantage to all six of being subject to a policy of redirection of runaway trolleys, and (ii) the causal structure of killing vs. letting-die choices. I then argue that this account of the trolley case entails that legal systems reflecting the relative stringency of negative and positive moral duties should uphold redistributive measures at odds with libertarianism. The assumption that the legal system ought to reflect, through non-causal routes, moral principles and their relative weights leads to either an ideal-theory (in Rawls's sense) assessment of libertarianism or a symbolic account of the relationships between morality and law. Libertarians should undermine this assumption if they hope to offer an all-things-considered case for free markets. (shrink)

Many people hold this truth to be self-evident that universities should enroll more female students in science and engineering; the main question then being how. Typical arguments include possible benefits to women, possible benefits to the economy, and the unfairness of the current female under-representation. However, when clearly stated and scrutinized these arguments in fact lead to the conclusion that there should be more women in scientific disciplines in higher education in the sense that we should expect more women (which (...) various kinds of discrimination may prevent), not that we should actively enroll more women. Outreach programs towards high school students may therefore be logically incompatible with the arguments supposed to justify them. They should purport to allow women to graduate in a field congruent with her abilities and desires, rather than try to draw as many of them to scientific disciplines as possible: one cannot try to ‘recruit’ as many female students as possible while claiming to help them choose more freely. (shrink)

The typical method of acquiring a property right involves transfer from a previous owner. But sooner or later, that chain of transfers traces back to the beginning. That is why we have a philosophical problem. How does a thing legitimately become a piece of property for the first time ? In this essay, I follow the custom of distinguishing between mere liberties and full-blooded rights. If I have the liberty of doing X , then it is permissible for me to (...) do X . But the mere fact that I am at liberty to do X leaves open the possibility that you might be at liberty to interfere with my doing X . Accordingly, liberties are not full-blooded rights, since my having a right to do X has the additional implication that others are not at liberty to interfere with my doing X . When it comes to mere liberties, interference is not a violation. You can violate rights, but you cannot violate liberties. (shrink)

In order to vindicate rational-choice theory as a mode of explaining social patterns in general - social patterns beyond the narrow range of economic behaviour - we have to recognize the legitimacy of explaining the resilience of certain patterns of behaviour: that is, explaining, not necessarily why they emerged or have been sustained, but why they are robust and reliable. And once we allow the legitimacy of explaining resilience, then we can see how functionalist theory may also serve us well (...) in social science; we lose the basis - the empty black box argumenton which the rational-choice critique of the theory has mostly been grounded. (shrink)

The State may require an autopsy when foul play is suspected in the death of one of its citizens.[1] This is so regardless of any objections to such invasive procedures expressed by the deceased before their deaths or afterward by their families. There is not even a religious exemption. The most obvious explanation for why consent is not needed is that apprehending a murderer with information obtained from the autopsy can save lives. However, taking organs without consent from the deceased (...) for transplantation into those suffering vital organ failures can also save lives. But doing so is considered beyond the pale. The question then becomes why are mandatory autopsies permitted but organ conscription prohibited? Our aim is to explore whether such divergent attitudes can be justified. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

This paper offers a partial justification of so-called "deontological restrictions." Specifically it defends the "self/other asymmetry," that we are morally obligated to treat our own agency, and thus its results, as specially important. The argument rests on a picture of moral obligation of a broadly Kantian sort. In particular, it rests on the basic normative assumption that our fundamental obligations are determined by the principles which a rational being as such would follow. These include principles which it is not essential (...) for rational beings to accept, but acceptance of which we could non-arbitrarily attribute to them simply in their capacity as rational. Among these principles is the asymmetry mentioned above. (shrink)

On the agent-relativity thesis, what an agent ought to do is a function of the evidence available to her about the consequences of her potential actions. On the objectivity thesis, what an agent ought to do is a function of what the consequences of her potential actions would be, regardless of the evidence available to her. This article argues for the agent-relativity thesis. The main opposing argument, due to Thomson, points to cases where a bystander can see that an agent (...) is about to do something which, unknown to the agent, would have terrible consequences, and says to the agent: "You ought not to do that!" The bystander's utterance seems true, but it is argued that this is consistent with the agent-relativity thesis, which also enjoys support from other directions. (shrink)

Although it has become increasingly evident that an adequate theory of obligation must rest on evolutionary biology and human ethology, attempts toward this end need to explore the full range of personal, cultural, and political obligations observed in our species. The new naturalism reveals the complexity of social behavior and the defects of reductionist models that oversimplify the foundations of human duties and rights. Ultimately, this approach suggest a return to the Aristotelian concept of natural justice.

Here's one piece of practical reasoning: "If I do this then a person will reap some benefits and suffer some costs. On balance, the benefits outweigh the costs. So I ought to do it." Here's another: "If I do this then one person will reap some benefits and another will suffer some costs. On balance, the benefits to the one person outweigh the costs to the other. So I ought to do it." Many influential philosophers say that there is something (...) dubious about the second piece of reasoning. They say that it makes sense to trade-off costs and benefits within lives, but not across lives. In this paper I make a case for the second piece of reasoning. My case turns on the existence of morphing sequences—sequences of possible states of affairs across which people transform smoothly into other people. (shrink)

This is about the rights and wrongs of bringing people into existence. In a nutshell: sometimes what matters is not what would have happened to you, but what would have happened to the person who would have been in your position, even if that person never actually exists.

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.

Shareholders of corporations have their liability for actions of the corporation limited by law. Unlike the equity holder in a partnership or proprietorship, the assets that a shareholder has distinct from her holdings in the enterprise can not be taken to satisfy liabilities arising from actions of the enterprise itself. This paper argues that a reasonable principle of fairness argues for an alternative to limited liability, proportional liability. Proportional liability makes a shareholder liable for the same proportion of a corporation''s (...) excess of liabilities over assets that her number of shares bears to the total number of shares outstanding. The key idea is that it is unfair in situations in which explicit agreements can not be reached for shareholders to bear only limited risk when they may receive gains from stock dividends and appreciation that are not limited to any pre-determined amount. Proportional liability has not been much examined in the financial literature. Good utilitarian arguments have been given for limited liability over unlimited liability for corporate shareholders, but these arguments do not clearly support the choice of limited liability over proportional liability. (shrink)

It may be that the process of socialization is generally thought to depend upon the development of the slave consciousness. It appears that at present the type of indoctrination a child receives when he or she is socialized by parents and teachers is the general way in which a society makes sure it transmits its values from one generation to the next. If this is so, the analysis of the slave consciousness we have been pursuing would fundamentally call into question (...) the benefits that are to be expected from this most pervasive and fundamental social practice. The development of the heteronomous conscience does not simply guarantee that the citizen will comply with the standards of society; it also guarantees that individuals will develop (some to a greater extent than others) such socially disruptive attitudes as a revengeful sense of justice and a psychological predisposition toward envy. Furthermore, given the massive amounts of social inequality and injustice characterizing many contemporary societies, the combination of economic and psychological factors almost guarantees a tacit or explicit level of frustration which will often erupt into violence. This violence is senseless, repeated, and pervasive because it is nothing but the nourishment needed by the slave consciousness to maintain itself in power. Exploitation, murder, rape, war, the nuclear weapons contest, the polarization of groups against each other, etc., are manifestations of a consciousness that always has to outdo itself vis-à-vis the other. As Nietzsche (1966, p. 140) observed, “Thus the will, the liberator, took to hurting; and on all who can suffer, it wreaks revenge for its inability to go backward [to a condition of autonomy].” With the liberation of imagination and memory, and a combined dedication to fighting all forms of social injustice, however, one can begin to transform society in ways that will confirm rather than deny the human aspiration for harmony and freedom. (shrink)

This study represents an improvement in the ethics scales inventory published in a 1988 Journal of Business Ethics article. The article presents the distillation and validation process whereby the original 33 item inventory was reduced to eight items. These eight items comprise the following ethical dimensions: a moral equity dimension, a relativism dimension, and a contractualism dimension. The multidimensional ethics scale demonstrates significant predictive ability.

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

Post-9/11, concern about bioterrorism has transformed public health from unappreciated to a central component of national security. Within the War on Terror, bioterrorism preparedness has taken a back seat only to direct military action in terms of funding. Domestically, homelessness, joblessness, crime, education, and race relations are just a few of a litany of pressing issues requiring government attention. Even within the biomedical sciences and healthcare, issues surrounding the fact that more than 40 million Americans lack health insurance, the rising (...) cost of prescription medications, and the use of government funds for research using embryonic stem cells remain unresolved. Should we prioritize a hypothetical threat (bioterrorism), or existing conditions that have implications for identifiable individuals? Even more fundamentally, should we prioritize research aimed at defense from bioterrorism (or even terrorism in general) when there are so many pressing social problems that affect the U.S. population? (shrink)

This paper is about the measurement of specific freedoms freedom functionbeing free to performconditional probability of success.negative freedom is membership of powerful coalitions.”.

It is the contention of this paper that some progress in alleviating the social and environmental problems which are beginning to face Papua New Guinea can be achieved by supporting traditional Melanesian values through maintaining the customary system of communal land tenure. In accordance with this aim, I will proceed to contrast certain Western attitudes towards individual freedom, selfinterested behaviour, individual and communal interests and private ownership with attitudes and values expressed in the traditional Melanesian approach. In order to demonstrate (...) the latter, I will briefly touch upon the phenomenon of wantokism and indicate how the Melanesian values associated with this concept find their locus in the system of customary communal ownership. Subsequently, I will describe how the emergence of a cash economy and the attachment to Western gadgetry and products have effected injury to the environment and undermined values which have previously maintained Melanesian social cohesion. While admitting that little can be done to eradicate the desire for cash and the products it can buy, I suggest that Melanesian communities and the environment itself would receive more protection if future development in Papua New Guinea embraced a system which incorporated certain of the traditional Melanesian values through the preservation of the communal form of land tenure. Ultimately, I suggest a way in which customary communal land tenure can be integrated into the established Anglo-Australian legal system. (shrink)

Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

This paper examines the use of connectionism (neural networks) in modelling legal reasoning. I discuss how the implementations of neural networks have failed to account for legal theoretical perspectives on adjudication. I criticise the use of neural networks in law, not because connectionism is inherently unsuitable in law, but rather because it has been done so poorly to date. The paper reviews a number of legal theories which provide a grounding for the use of neural networks in law. It then (...) examines some implementations undertaken in law and criticises their legal theoretical naïvete. It then presents a lessons from the implementations which researchers must bear in mind if they wish to build neural networks which are justified by legal theories. (shrink)

Hardin discusses the forms that moral reasoning might take—from rationalist actor theory to Kantian proceduralism to ad hoc Kantianism—and the relation of Kant's dictum to the institutional nature of much of international affairs.

Rather than base social welfare policies on contractual bargaining, policies should focus on the duties the strong members of society have toward the weak: the poor should clearly receive more, and the rich pay more, than either group has bargained for.

The traditional exposition of Kantian ethical theory in the business ethics literature is abstract, esoteric, and impractical compared to the more usable presentations of utilitarianism. This situation can be improved by identifying and describing the conceptual dimensions of formalistic ethical reasoning, as contained in the interplay between case and principle, with examples from the business/society literature.

Sometimes people desire that their lives go badly, take pleasure in their lives going badly, or believe that their lives are going badly. As a result, some popular theories of welfare are paradoxical. I show that no attempt to defend those theories from the paradox fully succeeds.

Discrimination on the basis of race, sex, national origin, etc., is often morally wrong. But should such behaviour be proscribed by legislation, and penalized by fines or jail sentences? This paper argues that such enactments are incompatible with the law of free association, and with the concept of economic liberty and civil rights.

Rent control is an economic abomination. It diverts investments away from residential rent units, it leads to their deterioration, it is responsible for urban decay such as in the South Bronx, it does not help poor tenants, it is a horrendous means of income redistribution. Yet this economic regulation is beloved of intellectuals (hot beds of pro rent control sentiment are Berkeley, Ann Arbor and Cambridge) particularly in the legal and philosophical communities. The present article is dedicated to an exploration (...) and rejection of the arguments in behalf of rent control which emanate from this source. (shrink)

Every instructor who teaches media ethics faces the challenge of balancing theory and practice i n the classroom. A typical approach involves training students i n theories of ethical deliberation applied to moral dilemmas presented i n case studies and decision-making exercises. This article callsfor more philosophical inquiry into the basic assumptions of media ethics. Based on a writing assignment that asked students to ponder a philosophical paradox, this article not only tackles the paradox involving ethical competence, but discusses how (...) such speculations can lead tofundamental understanding of what it means to be a professional journalist. (shrink)

This paper is concerned with the distinction between classical liberalism and libertarianism and in particular with the claim of the latter to offer a theory of the good society which is independent of, and different from, that offered by classical liberalism. My argument is naturalistic in the following sense. A good society is one which delivers whatever is good for people, so that a theory of the good society (to ~ a theory of the good society) must say something about (...) what people are like and what is good for them. That is to say, it must be capable of making such judgments coherently and on its own terms. I shall argue that libertarianism is incapable of making such judgments because it rests on a Hobbesian radical individualism in which, by analogy with classical physics, people exist only as particulars, as individuals. If there are no general classes we cannot say what people have in common; if we cannot say what they have in common, the only "general" good is the negative liberty which enables them to pursue their own goals in their own way. Radical individualism leads by the shortest of routes to moral subjectivism. Thus libertarianism derives such plausibility as it has by drawing illicitly on aspects of classical liberalism which do not depend on radical individualism. In doing so it undermines not only its claim to be a distinct theory with its own foundations, but most of its own claims about what is good for people. (shrink)

Contemporary moral egalitarians hold that all people have equal moral standing and that we deserve this standing in virtue of satisfying some descriptive criterion. These two claims appear to be in tension, however, as none of the proposed criteria are attributes that all people possess equally. Many egalitarians have hoped to eliminate this tension by holding that the descriptive criterion of moral standing is a "range property" – that is, a property one either possesses fully or not at all. I (...) argue that the prospects of this strategy succeeding are not good. The problems I raise stem from the vagueness of the egalitarians’ descriptive criteria. Appealing to what I call the moral ideal of proportionality, I show that this vagueness forces us to allow that moral standing can be possessed to finely differentiated degrees. But once this is granted, it is difficult to see how the claim that all people are moral equals can be justified. (shrink)

: This article argues that conceptions of community after Dewey despair of an institutional means of recovering individuality, which is the central problem of democracy. They so despair, I contend, because of their politicized view of the individual. I first briefly consider the contrast between Dewey and contemporary proceduralists and civic republicans, before turning to my central discussion: C. Wright Mills, whose critique indicates a historical watershed for Dewey's view of community. Ultimately, despair of a Deweyan sense of community issues (...) in a contemporary stalemate between what I identify as the political "activist" and "apathist.". (shrink)

The paper contains four arguments to show that experiences don't represent. The first argument appeals to the fact that an experience can't occur without what the experience is of; the second appeals to the fact we can have an experience without having any awareness of what it is of, the third argument appeals to the fact that long experiences, such as the experience of being kidnapped, don't represent anything; and the fourth appeals to the fact that experiences often leave physical (...) traces. The author rebuts several arguments for the conclusion that experiences represent. The author also considers some of the pitfalls involved in stipulating that experiences represent in a technical sense of “experience” or “represent”. (shrink)

After rejecting Carruthers' conflation of levels of consciousness as implausible and conceptually muddled, and Carruthers' claim that nonhumans are automata as undermined by evolutionary and ethological considerations, we develop a general criticism of contemporary philosophical approaches which, though recognizing nonhuman consciousness, still see animals as mere receptacles of experiences. This is, we argue, due to the fact that, while in the case of humans we grant a self - something that has not only a descriptive but also a prescriptive side, (...) requiring at least non-interference - in the case of nonhumans we focus only on the descriptive aspects. Consequently, we treat humans as equals whatever their capacities, but we order nonhumans in a hierarchy based on their cognitive level. We conclude that such double standards are not only inconsistent but also self-serving. (shrink)

It is argued that experiences are complex events that befall their subjects. Each experience has a single subject and depends on the state or the event that it is of. The constituents of an experience are its subject, its grounding event or state, and everything that the subject is aware of during that time that's relevant to the telling of the story of how it was to participate in that event or be put in that state. The experience occurs where (...) the person having the experience is. An experience of an event or state occurs when that event or state makes a difference to its possessor's conscious life, where this difference is either a matter of really knowing what's happening or merely a matter of being affected. (shrink)

This study examines the concept of food morality and explores its implications for today's world. The analysis carried out allowed us to develop a theoretical construct that approaches food morality from a holistic and interconnected perspective, providing us with a new way of understanding it. This new perspective on food morality will serve as an overarching framework for guiding individual choices, public policy making, and transformative actions needed to address the complex challenges facing food systems in the modern world. The (...) theoretical approach used in this study focuses on the elements that shape food morality, considering its different contexts. This theoretical approach provides a solid basis for proposing a new food morality. (shrink)

In democracies around the world, the rich exercise a disproportionate share of political power. Democratic theorists universally condemn this. The current paper brings balance to this conversation by mustering a defense of limited oligarchy. I have two goals. First, I shall argue that we need not be overly despondent about the wealthy's outsized influence, for overrepresentation of the wealthy performs some good for us—good which might not be entirely obvious at first glance. Second, I hope to temper reform efforts that (...) seek to limit the wealthy's influence. While the people should have a greater say than they currently do, the wealthy's influence should still be greater than what their numbers suggest. I ultimately embrace oligarchic bicameralism, an old idea that proposes ordinary persons be represented in the lower chamber of the legislature, and property be represented in the upper. This is accomplished through a combination of sortition and elections. (shrink)