Despite the prevalence of the terms utilitarianism and utilitarian in the health care and health policy literature, anecdotal evidence suggests that authors are often not fully aware of the diversity of utilitarian theories, their principles, and implications. Further, it seems that authors often categorically reject utilitarianism under the assumption that it violates individual rights. The tendency of act utilitarianism to neglect individual rights is attenuated, however, by the diminishing marginal utility of wealth and the disutility of a protest by those (...) who are disadvantaged. In practice, act utilitarians tend to introduce moral rules and preserve traditional rules. At the same time, the tenability of rule utilitarianism is limited because it ultimately collapses into act utilitarianism or a deontological theory. Negative utilitarianism is a viable utilitarian variant only if we accept complete aversion to suffering, ie, if we disregard any forgone opportunities to increase pleasure. Finally, the adoption of preference utilitarianism requires us to accept the subjectivity of individual claims which may be perceived as unfair. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

Democratic deliberation is credited with a variety of virtues, including its possible usefulness in resolving, or at least ameliorating, inter‐cultural conflicts. This paper questions this claim. First, it overlooks that the facts and principles involved in these conflicts generally prove contestable and that such contestation is likely to be greater the less homogenous societies are. Second, it neglects that many, if not most, citizens have neither the time nor the inclination to acquire the conceptual and factual knowledge needed to try (...) and overcome these differences. As a result, the more inclusive and popular deliberation becomes, the less suitable it may be for overcoming cross cultural disagreements. Indeed, it has the potential to exacerbate rather than narrow the differences between majorities and minorities. These conclusions are drawn from an empirical review of a Canadian debate about aboriginal rights that followed a controversial Supreme Court of Canada decision and comparing the character of deliberation in three contexts: the legal community, the print media and legislative bodies. (shrink)

In the late summer and fall of 1983 articles appeared in such publications as the New York Times, Fortune Magazine, and Science News telling of attempts to set up an agency for the selling of kidneys from living donors. The shortage of organs, especially of kidneys where the transplantation success has increased quite markedly over the past decade, has become something of a crisis. A situation of increased need and inadequate supply is also becoming a problem for such substances as (...) human bone marrow, for use in the treatment of immune and blood diseases, and large quantities of human plasma for use by hemophiliacs. Obtaining a kidney for a patient in renal failure was difficult in the past because adequate matching is likely only between very close relatives. Now with new immunosuppressant drugs such as cyclosporine, close matches have become less important. Cadaver organs or marrow from unrelated living donors can be used with far greater success. The supply problem is still immense and the literature is filled with suggestions for appropriate and efficient means of organ acquisition. One of the latest suggestions involves a system of salvaging based on implied consent of deceased donors. The organs would be taken without asking directly for permission from family. The relatives would have the right to object to the organ removal, but unless they did so, the organ would be taken when needed. (shrink)

A distinctive feature of modern capitalist societies is the tendency of the market to take over the production, maintenance, and distribution of goods that were previously produced, maintained, and distributed by nonmarket means. Yet, there is a wide range of disagreement regarding the proper extent of the market in providing many goods. Labor has been treated as a commodity since the advent of capitalism, but not without significant and continuing challenges to this arrangement. Other goods whose production for and distribution (...) on the market are currently the subject of dispute include sexual intercourse, human blood, and human body parts such as kidneys. How can we determine which goods are properly subjects of market transactions and which are not? The purpose of this article is to propose a theory of what makes economic goods differ from other kinds of goods, which can help to answer this question. (shrink)

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

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

This paper reconsiders some themes and arguments from my earlier paper “Fairness, Respect and the Egalitarian Ethos.” That work is often considered to be part of a cluster of papers attacking “luck egalitarianism” on the grounds that insisting on luck egalitarianism's standards of fairness undermines relations of mutual respect among citizens. While this is an accurate reading, the earlier paper did not make its motivations clear, and the current paper attempts to explain the reasons that led me to write the (...) earlier paper, assesses the force of its arguments, and locates it in respect to work of Richard Arneson and Elizabeth Anderson. The paper concludes by bringing out what now appears to be the main message of the earlier paper: that the attempt to implement an “ideal” theory of equality can harm the very people that the theory is designed to help. (shrink)

I assess G. A. Cohen's claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people's expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen's account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an underlying commitment (...) to fairness. Cohen's account of distributive justice is therefore one of justice as fairness. (shrink)

On the traditional doctrine of self-defense, defensive force is permissible not only against Culpable Aggressors but against Innocent Aggressors as well (for example, psychotic aggressors). Some moral philosophers have recently challenged this view, arguing that one may not harm innocent attackers because morality requires culpability as an essential condition of being liable to defensive force. This essay examines and rejects this challenge as both a violation of common sense and as insufficiently grounded in convincing reasons from moral theory.

With multi-year funding from the U.S. National Science Foundation (NSF), a team of researchers has just released a comprehensive report detailing ethical issues arising from human enhancement (Allhoff et al. 2009). While we direct the interested reader to that (much longer) report, we also thank the editors of this journal for the invitation to provide an executive summary thereof. This summary highlights key results from each section of that report and does so in a self-standing way; in other words, this (...) summary presupposes no familiarity with the report and offers the opportunity to gain quick familiarity with its most central findings. (shrink)

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

We have two aims in this paper. The first is negative: to demonstrate the problems in Bernard Gert’s account of common morality, in particular as it applies to professional morality. The second is positive: to suggest a more satisfactory explanation of the moral basis of professional role morality, albeit one that is broadly consistent with Gert’s notion of common morality, but corrects and supplements Gert’s theory. The paper is in three sections. In the first, we sketch the main features of (...) Gert’s account of common morality in general. In the second, we outline Gert’s explanation of the source of professional moral rules and demonstrate its inadequacy. In the third section, we provide an account of our own collectivist needs-based view of the source of the role-moral obligations of many professional roles, including those of health care professionals. (shrink)

In this paper I argue that the widespread view that obstructors are a special sort of bystander is mistaken. Obstructors make Victim worse off by their presence, and thus are more properly described as innocent threats. Only those characters who do not make Victim worse off by their presence can be classified as bystanders.

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)

This paper is concerned with the normative content of Kant's formula of humanity (FH). More specifically, does FH, as some seem to think, imply the specific and rigid prescriptions in 'standard' deontological theories? To this latter question, I argue, the answer is 'no'. I propose reading FH largely through the formula of autonomy and the formula of the kingdom of ends, where I understand FA to describe the nature of the capacity of humanity-a capacity for self-governance. The latter, I suggest, (...) is akin to the capacity for planning and intentional action described in Michael Bratman's work. A significant part of what FH requires, I then propose, is that we exercise these capacities for planning in such a way that we accommodate and coordinate with the (permissible) plans and intentions of others. Kant himself, as do many commentators, emphasizes the idea that our human capacities give us a distinctive kind of value. On my interpretation, by contrast, what is fundamentally important is not the value of the capacities but rather what they make possible: distinctive ways of mistreating (using) persons, but also a distinctive kind of morally desirable relationship. CiteULike Connotea Del.icio.us What's this? (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)

: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation (...) can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion. (shrink)

Anti-capitalist thinkers in the West have long argued that the expansion of markets creates new wants faster than it can satisfy them, and that consumption under capitalism is a form of addictive behavior. Recently, however, the relentless expansion of desire has come to be seen as a strength rather than a weakness of capitalist regimes. To understand this change socialists must consider whether there is a point to consumer spending that goes beyond satisfaction with what one gets. Freud's notion of (...) instinctual ambivalence illuminates the ways in which spending itself is a fusion of the desires to lose and to gain. This helps to explain how the socialist distinction between satisfying and addictive consumption misses the mark. Broadening this insight, we can see that Western thought about justice, originating in Judeo-Christian theology, conceals a fundamental ambivalence about both domination and gain by suggesting that inequality (beginning with that between God and man) is justified when the dominating party loses and the gainer submits. Ironically, however, the new post-utilitarian rationale for capitalism undermines this putative justification of social inequality in consumer-oriented capitalist societies by bringing our internal ambivalence about gain and dominance to the surface. This development creates an opportunity for a new beginning in Marxian social theory. The final sections of the essay suggest that social theory has been trapped in a debate over whether predators (and their human counterparts) kill in order to eat or eat in order to kill (Marx vs. Nietzsche). To break this trap we must shift the basis of social criticism from the metaphor of predation to the metaphor of parasitism. This changes the focus of critical analysis from unmasking the predator in every situation to identifying in every social structure the mechanisms of incorporation, mutual subversion, asymmetrical exchange, and surplus-creation (as distinct from equilibrium). If neither the desire for gain nor the desire for dominance are self-explanatory, then the Marxian critique of Nietzsche and the Nietzschean critique of Marxism both have valid points. The essay concludes with reflections about the importance of addressing the post-utilitarian rationale of capitalism with the same depth and comprehensiveness that we find in Marx's critique of its utilitarian rationale. (shrink)

This paper focuses on the ethical justifiability of patents on Genetically Modified (GM) crops. I argue that there are three distinguishing features of GM crops that make it unethical to grant patents on GM crops, even if we assume that the patent system is in general justified. The first half of the paper critiques David Resnik’s recent arguments in favor of patents on GM crops. Resnik argues that we should take a consequentialist approach to the issue, and that the best (...) way to do so is to apply the Precautionary Principle, and that the Precautionary Principle, in this case, supports patents on GM crops. I argue that his argument in favor of a consequentialist treatment is invalid; his Precautionary Principle in any case appears to be incompatible with consequentialism; and his conception of reasonable precautions is too ill-defined to have any argumentative purchase. In the second half of the paper, I argue against GM crop patents, on three grounds. First, there is insufficient evidence to say whether allowing patents on GM crops will make research go faster than not having patents, whilst there is a good reason to think that, other things being equal, a society that allows patents on GM crops will be less just than one that does not. Second, even assuming that patents on GM crops will increase the pace of GM crop research, there is no social need to do so. Third, patents on GM crops will frequently have ethically unacceptable side effects. (shrink)

The moral foundations of the free society are not epitomized by democratic decisions about costs and benefits, as Michael Novak recently argued in The American Vision: An Essay on the Future of Democratic Capitalism. Nor is equality of opportunity, insured through government measures that prohibit private discrimination, a component of the liberty that characterizes the free society, as Milton and Rose Friedman recently argued in their Free To Choose. Rather, it is the theory of rights — which is the theory (...) of private property, broadly understood — that underpins and epitomizes the free society, justifying the capitalist economic order in the process. For that theory describes our basic moral and legal relationships, and shows as well that capitalism, unlike socialism, is a fundamentally moral system. (shrink)

In the mid-1990s the recession is turning to a recovery. Around the world corporate bodies which fell victim to structural changes and high interest rates finally get buried. However, many feel that corporate funerals are not enough to clear away the litter of the past, crucifying people is required too.In the common law countries, where the treatment of bankrupts is tougher than in the U.S., and in continental Europe, where discharge of debts has been virtually unheard of until recently, the (...) failed entrepreneurs' heads are wanted on the platter. A high level of debt and an extravagant lifestyle combine to provoke most demands for reprisals. (shrink)

Liberal theories of justice have often been unable to include the recognition of minority rights or of multiculturalism because of their emphasis on individuals. In contrast, recent theories of cultural recognition and minority rights have underestimated the tensions between group and individual rights. It is precisely the incorporation of past wrongs and their impact on present politics that can advance the liberal theory of justice for cultural minorities and their members.

Some writers suggest that corporations should act in ways which reflect a broad concern for the well-being of others, as opposed to a more narrow (Libertarian) conception of responsibility. But this Broad View of moral responsibility puts us on a collision course with our considered intuitions about paternalistic acts. This paper discusses several aspects of this issue: the neutrality of the Standard View of Paternalism, the nature of the defenses of paternalistic interventions allowed by the Standard View of Paternalism and (...) their reliance on consent; and the sort of position on paternalism the Board View would have to endorse in order to justify the benevolence-motivated orientation required by its conception of moral responsibility.The conclusion is that unless we are prepared to take a different, non-standard view of paternalism the Board View of corporate moral responsibility will be untenable. (shrink)

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)

In this paper, I take a critical stance on the emerging field of nanoethics. After an introductory section, “Conceptual Foundations of Nanotechnology” considers the conceptual foundations of nanotechnology, arguing that nanoethics can only be as coherent as nanotechnology itself and then discussing concerns with this latter concept; the conceptual foundations of nanoethics are then explicitly addressed in “Conceptual Foundations of Nanoethics”. “Issues in Nanoethics” considers ethical issues that will be raised through nanotechnology and, in “What’s New?”, it is argued that (...) none of these issues is unique to nanotechnology. In “It’s a Revolution!”, I express skepticism about arguments which hold that, while the issues themselves might not be unique, they nevertheless are instantiated to such a degree that extant moral frameworks will be ill-equipped to handle them. In “What’s Different?”, I draw plausible distinctions between nanoethics and other applied ethics, arguing that these latter might well identify unique moral issues and, as such, distinguish themselves from nanoethics. Finally, in “What Now?”, I explore the conclusions of this result, ultimately arguing that, while nanoethics may fail to identify novel ethical concerns, it is at least the case that nanotechnology is deserving of ethical attention, if not a new associative applied ethic. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

As political instruments, human rights can be challenged in two important ways: first, by undermining the claim to universality by appealing to a kind of cultural relativism, and second, by accusing human rights of unjustifiably imposing values that are not genuinely universal (which I dub the problem of parochialism). The human right to health is no exception. If a human right to health is to be a useful instrument in mobilizing action for global health justice, then we need to take (...) seriously the ways that health intersects with culture. Universal applicability is essential to both the legitimacy and efficacy of human rights. But without cultural sensitivity, additional injustices and imperialistic harms may be perpetuated. There are two goals within this paper—(1) to show that cultural imperialism is a moral and practical hazard, both in general and for the human right to health in particular and (2) to articulate a way of thinking about the human right to health that can minimize these hazards and arm it with moral credibility and political weight. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

This article explores, comparatively and critically, Sidgwick’s and Rawls’s reasons for rejecting desert as a principle of distributive justice. Their ethical methods, though not identical, each re...

Individualist ethical analyses in the enhancement debate have often prioritised or only considered the interests and concerns of parents and the future child. The collectivist critique of the human enhancement debate argues that rather than pure individualism, a focus on collectivist, or group-level ethical considerations is needed for balanced ethical analysis of specific enhancement interventions. Here, I defend this argument for the insufficiency of pure individualism. However, existing collectivist analyses tend to take a negative approach that hinders them from adequately (...) contributing to balanced ethical analysis, and often leads to a prohibitive stance. I argue this is due to two common problems with collectivist analyses: inappropriate acceptance of individualist assumptions, and failure to appropriately weigh individual vs collective ethical considerations. To further develop the collectivist critique in the enhancement debate, I suggest we may look to collectivism in public health ethics, which avoids these problems. (shrink)

The datafication and digitalization of health and medicine has engendered a proliferation of new collaborations between public health institutions and data corporations like Google, Apple, Microsoft and Amazon. Critical perspectives on these new partnerships tend to frame them as an instance of market transgressions by tech giants into the sphere of health and medicine, in line with a “hostile worlds” doctrine that upholds that the borders between market and non-market spheres should be carefully policed. This article seeks to outline the (...) limitations of this common framing for critically understanding the phenomenon of the Googlization of health. In particular, the mobilization of a diversity of non-market value statements in the justification work carried out by actors involved in the Googlization of health indicates the co-presence of additional worlds or spheres in this context, which are not captured by the market vs. non-market dichotomy. It then advances an alternative framework, based on a multiple-sphere ontology that draws on Boltanski and Thevenot’s orders of worth and Michael Walzer’s theory of justice, which I call a normative pragmatics of justice. This framework addresses both the normative deficit in Boltanski and Thevenot’s work and provides an important emphasis on the empirical workings of justice. Finally, I discuss why this framework is better equipped to identify and to address the many risks raised by the Googlization of health and possibly other dimensions of the digitalization and datafication of society. (shrink)

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

This article presents an argument related to justice obligations during a pandemic and explores implications of the argument. A just society responds to a serious threat to the well-being of its people such as a viral pandemic to mitigate the impact of the pandemic on the well-being of its members. This creates identifiable societal obligations which are discharged by the institutions and individuals within society that are situated to do so. There are therefore identifiable obligations resting on various societal institutions, (...) such as government, churches, schools, and corporate institutions, as well as obligations resting on individuals. Should an institution or individual fail to act in ways consistent with these social obligations, they perpetrate an injustice on society and its members. (shrink)

"Partial realism" is a common position in the contemporary philosophy of science literature. It states that the "essential" elements of empirically successful scientific theories accurately represent corresponding features the world. This thesis makes several novel contributions related to this position. Firstly, it offers a new definition of the concept of “empirical success”, representing a principled merger between the use-novelty and unification accounts. Secondly, it provides a comparative critical analysis of various accounts of which elements are "essential" to the success of (...) a theory, including structural realism and the divide et impera strategy. A novel account of essentialness, entitled the “empirically successful sub-theory "account", is defended. Thirdly, it is argued that the realism/anti-realism debate should put to the side metaphysical questions and focus instead on partial realism's commitment to the continuity of science. Because this commitment lacks metaphysical implications, it is referred to as "deflationary realism". Anti-realists cannot reject deflationary realism as a matter of a priori principle; its overall viability can therefore only be assessed by a careful examination of the history of science. Finally, another consequence of partial realism, named "partial rationalism", is defended. Partial rationalism states that, in cases where several competing theories have been suggested, scientists are rational just in case they accept the essential elements of each of the scientific theories on offer. This novel position subverts the existing literature on scientific "revolutions", as it sometimes demands that scientists devise a synthesis between competing scientific theories, instead of "choosing" only one. The philosophical points defended in this thesis are illustrated and supported by case studies from the history of science, including Fresnel’s wave theory of light, the Copernican revolution, the "neo-Darwinian synthesis" in evolutionary biology, the "prion revolution" in molecular biology, the miasma theory of disease, and the chemical revolution. (shrink)

This article explores self-esteem as an episodic self-conscious emotion. Episodic self-esteem is first distinguished from trait self-esteem, which is described as an enduring state related to the subject’s sense of self-worth. Episodic self-esteem is further compared with pride by claiming that the two attitudes differ in crucial respects. Importantly, episodic self-esteem—but not pride—is a function of social esteem: in episodic self-esteem, the subject evaluates herself in the same way in which others evaluate her. Furthermore, social esteem elicits episodic self-esteem if (...) the values at the basis of the others’ evaluation are shared by the subject. Such sharing of values suggests that only the evaluations of those others that the subject frames as her in-group members are relevant to episodic self-esteem. (shrink)

This article provides an overview of the field of business ethics.

This paper repudiates Manuel Vargas’s attempt to supplant the traditional moral influence theory of responsibility with his ‘agency cultivation model’. By focusing on fostering responsiveness to moral considerations, ACM purports to avoid the chief pitfalls of MIT. However, I contend that ACM is far less distinctive than it initially appears and so possesses all of MIT’s defects. I also assail Vargas’s counterfactual test for assessing whether a wrongdoer can respond to moral considerations. It is argued that the counterfactual test is (...) epistemically redundant because it can only be fleshed out once we have settled the issues it is supposed to resolve. Moreover, it tacitly inverts the relation between freedom and responsibility—we cannot attribute free will to wrongdoers unless we have already established their blameworthiness. The upshot of this is that enquiries into an agent’s freedom are irrelevant to the ethics of holding her responsible. (shrink)

It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of (...) them qualifies as a satisfactory general solution to it, a solution that could reasonably be taken to solve the problem or to suffice for dealing with it in at least most cases. Yet I also suggest that, depending on contingent empirical circumstances, the responses – either singly or together – can sometimes amount to a sufficient answer to it. (shrink)

Environmental philosophers have argued that Kant’s philosophy offers little for environmental issues. Furthermore, Kant scholars typically focus on humanity, ignoring the question of duties to the environment. In my dissertation, I turn to a number of underexploited texts in Kant’s work to show how both sides are misguided in neglecting the ecological potential of Kant, making the case for the green Kant at the intersection of Kant scholarship and environmental ethics. I build upon previous literature to argue that the green (...) Kant matters for both sides. Rather than a liability, Kant is indeed a conceptual resource. Though many conceive of Kant’s philosophy as environmentally problematic, I argue that underappreciated evolutionary, aesthetic, and holistic sides of Kant’s philosophy can provide conceptual resources for issues in climate change and environmental ethics. Some aspects, such as the pre-critical view of nature, are quite green and merely require an application, while others, such as Kant’s philosophy of history, require a green appropriation to be relevant. The theoretical foundations I develop in these texts will allow Kantians to articulate duties regarding nature and duties for sustainability. This re-thinking of Kant redresses the complaints environmental thinkers hold against Kant. By means of a philosophical interpretation, defense, and application of particular texts from Kant’s works such as Universal Natural History, Critique of Judgment, and Idea for a Universal History, I show how the greening of Kant is not only helpful for contemporary issues, but also defensible. This will make the green Kant agreeable to Kant scholars yet all the while relevant for today with regard to environmental ethics and, more importantly, climate change. (shrink)

In my dissertation, I engage in a political history of waste; in particular I look at modern philosophers from the late seventeenth and early eighteenth centuries and the way that waste functions alongside narratives of civilization, progress, and perfection. I analyze the political, pedagogical, and other theories of John Locke, Jean Jacques Rousseau, and Immanuel Kant. I use Julia Kristevaâs concept of abjection to trace the legacies of these philosophers to the continued and continuing practices of wasting life their work (...) supports and maintains. Social contract theory must have its others, those wasted and abjected to limn the boundary of the âclean and properâ civilized order. Locke abjects waste in his theory of property and I link the use of his term âwastelandâ to the wastelanding of Native Americans. As Kristeva says the forgetting, repressing, or disavowal of abjection leads to the return of its repressed in the form of our âapocalypses.â I discuss Rousseauâs treatment of waste and the way it is ambivalently embraced, which I think is a more appropriate treatment of waste. I also compare Emile and Sophieâs education and argue that his education of women makes waste of their lives. Last, I discuss Kantâs theory of waste and race together, arguing that he redeems all waste and that he makes waste of all races except the white race. He assents to the use of people of color as means for the white raceâs ends, rather than treating them as ends in themselves. Thus, I conclude that social contract theories are wasteful of life and lives and that contract theory should be garbaged for a new political principle: to not make waste of life or lives. (shrink)

: Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the […].

What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...) putative rights are defeasible. I argue here that putative inheritance rights are best made sense of as interest-rights. However, while agents may have interests in bequest and inheritance, it is also plausible that the community as a whole has interests that would be served by a confiscatory inheritance tax; and if inheritors’ and testators’ interests are strong enough to generate a prima facie right, it is also plausible that the community would have a competing prima facie right. Importantly, there is reason to think that the community’s interests trump the testator’s and the inheritor’s; if there are thoroughgoing rights in respect of inheritance, it is not at all clear that a highly confiscatory tax would violate them. (shrink)

Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) an obligation to support these institutions. Those who accept and enjoy the benefits brought about by cooperation through a just scheme are under an obligation of fairness to reciprocate. But what happens to these reasons to support and comply with an institution if the scheme of cooperation is less than fully just? There is hardly a real-world institution, policy, or scheme of social cooperation that would qualify as fully just. However, questions about obligations of fairness and duties of justice under conditions of injustice have hitherto suffered relative neglect. I shall outline an overall framework for thinking about these questions by asking what the victims of injustice owe to moderately unjust institutions. (shrink)

This article argues that values that apply to health care allocation entail the possibility of “spectrum arguments,” and that it is plausible that they often fail to determine a best alternative. In order to deal with this problem, a two-step process is suggested. First, we should identify the Strongly Uncovered Set that excludes all alternatives that are worse than some alternatives and not better in any relevant dimension from the set of eligible alternatives. Because the remaining set of alternatives often (...) contain more than one element, we need some complementary method of selecting a unique alternative. In order to address this issue, I suggest that we must invoke caps on the values that are used to evaluate alternatives, and that these caps must be grounded in collective commitments. (shrink)