What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...) what they achieve or do: they can be ‘intrinsically unjust’. Institutions, I argue, are intrinsically unjust when they have legal liberties and powers without having the corresponding moral liberties and powers. States without political authority are intrinsically unjust in that sense. Hence the issues of a state’s justness and a state’s political authority cannot be dealt with separately. This is a problem not only for left-libertarians but for ‘philosophical anarchism’ more generally. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

Research Articles Christopher W. Morris, Social Philosophy and Policy, FirstView Article.

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

Why do we need government? A common view is that government is necessary to constrain people's conduct toward one another, because people are not sufficiently virtuous to exercise the requisite degree of control on their own. This view was expressed perspicuously, and artfully, by liberal thinker James Madison, in The Federalist, number 51, where he wrote: “If men were angels, no government would be necessary.” Madison's idea is shared by writers ranging across the political spectrum. It finds clear expression in (...) the Marxist view that the state will gradually wither away after a communist revolution, as unalienated “communist man” emerges. And it is implied by the libertarian view that government's only legitimate function is to control the unfortunate and immoral tendency of some individuals to violate the moral rights of others. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

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)

This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...) about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically. (shrink)

In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears (...) to support an alternative holistic approach to the moral justification of rights. But I will show that, without significant further argument that Miller and Kamm do not provide, this holistic approach offers no better support for Miller's and Kamm's claim that there are few demanding assistance rights. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

Some moral value is transparent just in case an agent with average mental capacities can feasibly come to know whether some entity does, or does not, possess that value. In this paper, I consider whether legitimacy—that is, the property of exercises of political power to be permissible—is transparent. Implicit in much theorising about legitimacy is the idea that it is. I will offer two counter-arguments. First, injustice can defeat legitimacy, and injustice can be intransparent. Second, legitimacy can play a critical (...) function in our practical thought, which sometimes requires intransparency. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

'Global and ecological justice ' is a very popular catchphrase in policy documents, treaties, publications by think - tanks, NGOs and other bodies. I argue that it represents an informal combination of four distinct and sometimes conflicting ideas: global justice, protection of the ecology, sustainability and sustainable growth. To solve the practical, conceptual and logical complications thus caused, a more precise interpretation of global justice and ecological justice is suggested, on the basis of which it is also possible to rank (...) the two and re-interpret the further goals of sustainability and growth. (shrink)

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

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

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

The combination of increased availability of large amounts of fine-grained human behavioral data and advances in machine learning is presiding over a growing reliance on algorithms to address complex societal problems. Algorithmic decision-making processes might lead to more objective and thus potentially fairer decisions than those made by humans who may be influenced by greed, prejudice, fatigue, or hunger. However, algorithmic decision-making has been criticized for its potential to enhance discrimination, information and power asymmetry, and opacity. In this paper, we (...) provide an overview of available technical solutions to enhance fairness, accountability, and transparency in algorithmic decision-making. We also highlight the criticality and urgency to engage multi-disciplinary teams of researchers, practitioners, policy-makers, and citizens to co-develop, deploy, and evaluate in the real-world algorithmic decision-making processes designed to maximize fairness and transparency. In doing so, we describe the Open Algortihms project as a step towards realizing the vision of a world where data and algorithms are used as lenses and levers in support of democracy and development. (shrink)

William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...) maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

Философские, традиционные подходы к морали в основном основаны на метафизических и теологических концепциях и теориях. Среди традиционных концепций этики наиболее заметной является теория божественного повеления (DCT). Согласно DCT, Бог дает человечеству моральные основы через его творение и откровение. Мораль и божественность были неразделимы со времен самой далекой цивилизации. Эти концепции укладываются в теологические рамки и в основном принимаются большинством последователей трех авраамических традиций: иудаизма, христианства и ислама: наиболее значительной части человеческого населения. Теории Божественного повеления основываются на вере и откровении и (...) не подлежат строгой демонстрации. Противники концепции морали Божьего повеления, основанной на невозможности продемонстрировать свои метафизические и религиозные допущения, пытались (хотя и безуспешно) на протяжении многих веков преуменьшать ее значение. Они придерживались аргумента, что он не демонстрирует никаких материальных доказательств и логической согласованности и по этой причине не может быть рассмотрен в научных или философских целях. Это всего лишь убеждение, и оно должно пониматься при этом условии. Помимо этих крайних противоположностей, многие другие концепции противоречат теориям Божественного повеления, так или иначе, частично или полностью. От классической греческой философии до наших дней многие философы и социологи утверждают, что мораль — это всего лишь конструкция, и поэтому она культурно относительна и обусловлена культурой. Однако это вызывает множество дальнейших дискуссий и ставит перед собой задачу определить важность культуры, какие элементы культуры являются морально определяющими, и, наконец, пределы этой относительности. Моральный детерминизм утверждает, что все, что связано с поведением человека, включая мораль, определяется таким образом, что свобода воли перестает существовать. Совсем недавно современные мыслители утверждали, что существует строгая наука о морали. Однако, несмотря на объяснение множества фактов и доказательств, один только научный метод не может пролить свет на все содержание и значение этики в целом. Понимание морали требует более широкого восприятия и согласия среди философов, чего они так и не достигли. Эти вопросы имеют множество различных конфигураций в зависимости от каждого философского направления и начинают сложный анализ и бесконечные дебаты, если многие из них противоречат друг другу. Вселенная и атмосфера, которые включает в себя это исследование, являются хозяевами всех этих концептуальных конфликтов, наблюдаемых с объективной и эволюционной точки зрения. Однако, несмотря на эти обстоятельства и их внутреннюю важность, эти вопросы далеки от методологического подхода аналитического обсуждения объективной морали, которое, по сути, является целью и областью действия этой работы. Мы должны кратко рассмотреть эти выдающиеся традиционные теории, потому что в этой работе проводится сравнительное исследование, и их предположения, по крайней мере, глубоко отличаются от всех традиционных теорий. Следовательно, становится необходимым предлагать читателю прямые и конкретные элементы сравнения для обоснованной критики без прерывания исследований. Но даже если мы пересмотрим традиционные теории для этой сравнительной и критической цели изложения, они все равно останутся в стороне от наших основных проблем как „чужеродная материя". Цель этой работы состоит в том, чтобы продемонстрировать существование и значение доисторических моральных архетипов — архетипов, вытекающих из фундаментальных социальных потребностей и борьбы за выживание — для определения сущностной основы этики, их агрегации в коллективном бессознательном и, следовательно, для определения того, что такое этика. Эти архетипы определяют эволюционную социальную модель человека. Является ли это мета этической позицией? Да, это так. Кроме того, как и в любой мета этической аргументации, мы должны тщательно искать наилучшие и наиболее правильные пути, предлагаемые аналитической философией. Эта работа была призвана обоснованно продемонстрировать, что мораль не является культурным продуктом цивилизованных людей или современных обществ. Несмотря на многочисленные культурные относительные объединения и вычитания, основные основы являются архетипическими и никогда не менялись структурно. Это рассуждение приводит к тому, что мораль является первым атрибутом „Homo sapiens"; это не собственность или случайность: она объединяет человеческое существо и является частью онтологической человеческой идентичности. Человеческие явления — это непрерывный процесс, который играет свою роль между случайной решимостью и свободной волей, и мы должны спросить, как зародилась мораль и как она пришла к нам в настоящее время. (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)

How might good work – skilled, autonomous work which affords workers opportunities for meaningful social cooperation in decent conditions – be made available to all? I evaluate five commonly advanced strategies: an unregulated labor market, egalitarian redistribution of resources, state regulation, collective bargaining, and workplace democracy. Each, I argue, has significant limitations. An unregulated labor market ignores workers' unduly weak bargaining power vis-à-vis employers. Egalitarian redistribution alone fails to solve this problem due to distinctive and endemic imperfections of labor markets. (...) Direct state regulation is insufficiently context-sensitive and insufficiently dynamic in the face of technological and other developments. Collective bargaining gives workers only indirect and sometimes costly influence over their working conditions. And workplace democracy leaves workers vulnerable to collective action problems induced by competition between firms. I argue, however, that these strategies can be complemented in a promising way by ‘syndicalist economic democracy’: direct worker participation in the government of the economy, largely specific to particular occupations or economic sectors but above the level of the individual workplace. (shrink)

ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...) are owed. (shrink)

What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value when (...) it is manifest in parts of your life or parts of your life are manifest in it. So, the more the good is manifest in your life, or your life manifest in the good, the better for you. The more the bad is manifest in your life, or your life manifest in the bad, the worse for you. We’ll argue that this account is extensionally adequate: it explains the welfare value of achievements, friendships, knowledge, pleasures and virtues. Moreover, it has a number of explanatory virtues: it’s unified, elegant and explanatorily powerful. So, we’ll suggest, it’s an excellent account of welfare, and in many ways superior to its main competitors. (shrink)

The experience machine poses the most important problem for hedonist theories of well-being. I argue that desire satisfactionism about well-being faces a similar problem: the desire machine. Upon entering this machine, your desires are altered through some minor neurosurgery. In particular, the machine causes you to desire everything that actually happens. The experience machine constructs a simulated world that matches your preexisting desires. The desire machine reconstructs your conative state to match the preexisting world. Desire satisfactionism recommends entering the desire (...) machine because you will then have more satisfied desires, but this seems wrong. -/- In this paper, I consider how desire satisfactionists might avoid the result that entering the desire machine increases one’s well-being. First, I further motivate why this problem arises. Second, I consider coherence-based norms of rational desire change. Finally, I argue that introducing a substantive account of fitting desire is the only plausible solution, but that this response requires abandoning pure subjectivism about well-being. (shrink)

In the United States, prohibitionist policies are used as the primary approach to combat the negative effect of substance use on society. An extensive academic literature spanning the disciplines of economics, political science, and multiculturalism documents the great social costs of the United States’ “War on Drugs” both nationally and internationally. These costs come with at best marginal effect on substance abuse and other crimes linked to the drug trade. In many cases, there is a reason to believe that these (...) policies exacerbate the problems they aim to address. This article explores psychologists’ ethical commitments to social change concerning such drug policy, given the field of psychology’s expanding commitment to social justice. We examine arguments regarding the boundaries between psychologists’ personal and professional ethics with regard to political participation. Using drug prohibition as an exemplar, we suggest that many psychologists’ political actions and professional ethics may be misaligned. Ultimately, we conclude that the endorsement of prohibitionist drug policies is in direct conflict with the guiding ethical principles put forth by the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct. (shrink)