ABSTRACT This paper takes issue with the idea that there is a variety of moral theories available which can in some way usefully be applied to problems in ethics. The idea is reflected in the common view that those favouring a systematic approach would do well to abandon consequentialist thinking and turn to some alternative theory. It is argued here that this is not an option, since each of the usual supposed alternatives lacks the independent resources to meet the minimal (...) requirements of being a moral theory at all. The aim is to demonstrate that virtue ethics, rights theory and deontology lack the different forms of explanation that would make them genuinely alternative theories. The conclusion is that this part of ethics is much more of a unity than is standardly assumed and that, far from our being able to move on from consequentialism, certain problems that arise from its very nature are bound to remain central to any attempt at moral theory. (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)

Neo-liberal economics is built upon the claim that the freedom to pursue one's self-interest and rational choice leads to economic growth and development. Against this background neo-liberal economists and policymakers endeavoured to universalise this claim, and insistently argue that appropriate economic policies produce the same results regardless of cultural values. Accordingly, developing countries are often advised to embrace the neo-liberal economic credo for them to escape from the trap of underdevelopment. However, the economic success of South East Asia on the (...) one hand and the failure of economic development in sub-Saharan Africa on the other, are increasingly proving that the 'economic' argument cannot be taken dogmatically: self-interest and rationality do not seem to be the sufficient explanations for economic development. One other avenue to be taken seriously is the link between cultural values and economic development. After viewing the principle of self-interest against its historico-cultural background, I consider this link in the African context, and argue that, although they cannot be taken as the sole factor, people's cultural beliefs and values are crucial for economic development. Economic growth and development need to be a substantiation of a people's beliefs and values. In African value system, this substantiation could lead to what one would call 'ubuntu economy' in which the state, the markets and the people are all agents, and not patients, in the process of economic growth and development. (shrink)

This paper is based on a case study involving construction of a new petrochemical plant near Baton Rouge, Louisiana, and the controversy surrounding its location. The paper will explore ethical issues raised by this plant, utilizing a pragmatic perspective that differs from traditional ethical frameworks. In developing and exploring the implications of this case, the complexities of its moral dimensions will be discussed, as well as the way the insights of classical American pragmatism provide a useful orientation for trying to (...) come to grips with these complexities. (shrink)

In this article, I investigate actions that the United States took against Costa Rica during the 1980s in order to argue that current discussions about global justice and its foundations are flawed in three ways. First, it misidentifies the parties of global justice as individual citizens. Second, it conceptualizes global justice as exclusively a distributive justice concern and, as a result, it misidentifies what constitutes a global injustice as being the adverse fate of individuals who live in a poor nation. (...) Finally, the current debate provides no guidance in what must be considered to identify the specific obligations one nation may have to another nation. Given these three problems, I maintain that we conceptualize global injustice as an issue of social justice rather than one exclusively of distributive justice. This will require identifying nations as the parties to global justice, at least in certain cases, and realizing that our goal is to remedy oppressive global structures of power. Utilizing the social justice I propose will put us on the road toward achieving justice across the Americas. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

Years ago Robert Nozick provided the experience machine argument, which states that since many people would forgo a life of artificially stimulated tremendous pleasure provided by an "experience machine," it must be that sometimes people are motivated by things other than the pursuit of their own pleasure. This is to say that he rejected psychological hedonism. In a recent book Elliot Sober and David Wilson defend the view that Nozick's argument does not provide adequate refutation of psychological hedonism. This article (...) defends Nozick's argument against their objections. (shrink)

The students and colleagues of Roderick Chisholm admired and respected Chisholm. Many were filled not only with admiration, but with affection and gratitude for Chisholm throughout the time we knew him. Even now that he is dead, we continue to wish him well. Under the circumstances, many of us probably think that that wish amounts to no more than this: we hope that things went well for him when he lived; we hope that he had a good life.

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

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)

Contemporary debates about sexual ethics are dominated by a consent-oriented approach—consensualism. This position well explains the immorality of such acts as rape, pedophilia, bestiality and necrophilia. However, consensualism faces difficulties when it comes to adultery or HIV transmission. This article analyzes such unacquired moral obligations not to engage in consensual sex. A new natural law approach is proposed to explain and justify these obligations. This position places central importance in the evaluation of sexual acts on whether they are aimed at (...) achieving some common good and whether they harm some other good. As will be shown, the new natural law overcomes the difficulties of consensualism and grounds unacquired obligations in sexual ethics. And if this approach is combined with a pluralistic view of the goods that are realized in sex, then the new natural law does not allow the conservative conclusions about sexual morality inherent in the old natural law theory. (shrink)

An introduction to Thomas Hobbes as a systematic and not merely political philosopher. Best known for his contributions to political philosophy, Thomas Hobbes set out to develop a coherent philosophical system extending from logic and natural philosophy to civil and religious philosophy. In this introduction to Hobbes’s thought, Otfried Höffe begins by providing an overview of the entire scope of his work, making clear its systematic character through analysis of his natural philosophy, his individual and social anthropology, and his political (...) thought. He then offers an innovative examination of religious and ecclesiastical questions, touching not only on the political implications of religion so important to Hobbes, but also on his attempt to reconstruct Christianity in terms of a materialistic philosophy. He also explores Hobbes’s continuous critique of Aristotle and Aristotelian Scholastics, in which Höffe argues that Hobbes and Aristotle have much more in common philosophically than is normally supposed—and certainly more than Hobbes himself acknowledged. Finally, Höffe sketches the influence Hobbes had and continues to have on the development of legal and political philosophy. “A thoroughly successful introduction to the philosophy of Thomas Hobbes ” — Reinhard Brandt, in Süddeutsche Zeitung, in praise of the German edition. (shrink)

Brain transplants have long been no more than the subject of science fiction and engaging thought experiments. That is no longer true. Neuroscientists have announced their intention to transplant the head of a volunteer onto a donated body. Response has been decidedly mixed. How should we think about the moral permissibility of head transplants? Is it a life-saving/life-enhancing opportunity that appropriately expands the boundaries of medical practice? Or, is it a bioethical morass that ought not to be attempted? For the (...) purposes of this paper, I set aside questions regarding the surgical operation’s technological plausibility so as to focus on very basic questions regarding personal identity and the morality of head transplantation. The analysis begins with an exploration of the embodiment of persons. It considers whether persons can be conceptually distinguished from all parts of their body, even if they cannot be physically separated from some parts without loss of personhood. It argues that in most cases replacing body parts with reasonably similar parts will not destroy the conditions for sustaining personhood. However, as I explore, the phenomenology of personhood is such that some physical changes may prove to be too significant to maintain personal identity successfully over time. Given such complexity and the significance of the costs involved, the moral permissibility of head transplantation likely depends on recognizing that persons may give permission to collaborate in common activities, including projects with which others deeply disagree, provided that they only utilize the services and resources of free and consenting others. (shrink)

In this paper, I present an objection to the reflective equilibrium method based on land purchases and trespassing. I then propose a solution, which involves a change to how we regard the method.

The paper begins with a hypothetical story and asks: how should a Rawlsian political liberal state justify its coercion over Nozick, an unreasonable but intelligible citizen (UIC)? I use this thought experiment to illustrate a recent critique of political liberalism. It argues that political liberalism coerces UIC on a sectarian ground. Call it the sectarian critique. My paper addresses the sectarian critique from a political liberal perspective. I suggest a condition of state conjecture, which argues that the state officials should (...) use conjecture to engage with UIC, like Nozick. This brings two benefits to the stability of a political liberal society. First, UIC may be convinced and become reasonable citizens. Secondly, the activity of offering conjectures can strengthen the public confidence of political liberalism as a valuable collective project. Although, eventually, some UIC may remain unpersuaded and be coerced on grounds that are unjustified to them, the force of the sectarian critique will be significantly weakened after the condition of state conjecture is fulfilled. (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 (“Responsibility Views”). 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)

What, if anything, directly detracts from well-being? Objective list theorists affirm basic goods such as knowledge, friendship, and achievement, but it is less clear what they should say about opposing bads. In this paper, I argue that false beliefs, unhealthy relationships, and failed projects are not basic bads and do not directly detract from well-being. They can have bad effects or elements, or block the realization of basic goods, but do not themselves carry negative weight with respect to well-being. This (...) is shown by comparing cases where these bads are present and absent, examining their relation to negative overall well-being, and considering the role of these bads in the pursuit of positive goods. (shrink)

One rationale policy-makers sometimes give for declining to fund a service or intervention is on the grounds that it would be ‘unaffordable’, which is to say, that the total cost of providing the service or intervention for all eligible recipients would exceed the budget limit. But does the mere fact that a service or intervention is unaffordable present a reason not to fund it? Thus far, the philosophical literature has remained largely silent on this issue. However, in this article, we (...) consider this kind of thinking in depth. Albeit with certain important caveats, we argue that the use of affordability criteria in matters of public financing commits what Parfit might have called a ‘mistake in moral mathematics’. First, it fails to abide by what we term a principle of ‘non-perfectionism’ in moral action: the mere fact that it is practically impossible for you to do all the good that you have reason to do does not present a reason not to do whatever good you can do. And second, when used as a means of arbitrating between which services to fund, affordability criteria can lead to a kind of ‘numerical discrimination’. Various attendant issues around fairness and lotteries are also discussed. (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)

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

Utilitarians are said to be indifferent between interpersonal and intrapersonal transfers. In doing so, they fail to register the separateness of persons. This ‘separateness of persons’ objection has been traditionally used against utilitarianism, but more recently against prioritarianism. In this paper, I examine how yet another distributive view, namely sufficientarianism, fares in this respect. Sufficientarians famously believe that while inequality as such does not matter, what does matter is that all individuals meet some adequate threshold. It is often taken for (...) granted that sufficientarianism does not violate the separateness of persons. In this paper, I seek to show that that is not the case. The main challenge, however, proves to be formulating an accurate understanding of what the separateness of persons precisely means. I offer several interpretations and argue that sufficientarianism, surprisingly, violates them all. Sufficientarianism, just like utilitarianism does not respect the separateness of persons. (shrink)

: This paper argues for the consistency of adverse possession in land with a strict Lockean-liberatarian understanding of property rights due to the impermanence of man-made improvements by which unowned property is originally appropriated. This approach to property rights reconciles left- and right-libertarian positions as end points on a continuum of “temporal attitudes” toward property retention. ….

In A Matter of Principle, Ronald Dworkin discusses the role a political morality should play in decisions about when the law should be obeyed and enforced, and even what law is. Noticing that liberalism was once a quasi-consensus theory in Great Britain and the United States – and, therefore, a natural candidate to that role in those countries – Dworkin argues that the loss of that status is due to an alleged failure of liberal political theorists to identify a kind (...) of egalitarianism as the constitutive principle on which liberalism is based. My aim in this paper is to advance arguments against such an influential claim that a certain egalitarianism would be the constitutive principle of political liberalism. (shrink)

A book so overall critical as The Idea of Justice by A. Sen requires a Popper inspired examination. The results are that his rejection of Rawls is flawed and that he entirely lacks meta-ethics. The continental Weberian approach to normative enquiry has been severely neglected by many scholars in the Anglo-Saxon tradition, trying in vain to identify the true nature of justice. Instead of searching for a Platonic idea of justice, one should examine today’s conflicts over justice looking to the (...) ultimate values of people. (shrink)

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

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

Utopias from ancient times to the present have come and gone. They remain as a part of literary, philosophical and historical texts and communal practices. Yet this subject has never ceased to inspire contemporary minds as well. My aim in this paper is to consider the communities known as favelas that have formed on the edges of the Brazilian city of Rio de Janeiro as a contemporary form of utopian community. The paper begins with a brief analysis of the concept (...) of utopia. Then follows a discussion of the Favela as an urban utopia as seen from the perspective of Latin American philosopher Enrique Dussel’s philosophy of liberation as represented in his book, The Philosophy of Liberation. The remainder of the paper will consider in what sense the Favela settlements can be understood as a form of utopia. Among additional sources for this paper, I will refer to the research on the favelas by such scholars as Janice Perlman and Catalytic Communities. Other sources will include art projects in the favelas, the novel and film City of God made on site, and photographs of Miguel Rio Branco taken in the Favelas. All of these artists’ representations reflectactual experiences of life in the Favelas. An underlying question throughout will be the role that art might play in understanding utopias. (shrink)

ABSTRACT In the following text we aim to present a proposal of interpretation of Hobbes's work from sociobiology viewpoint. Despite the fact it may strike some at first as an anachronism or straightforward wrong, reading the philosopher of Mamelsbury from a sociobiological perspective, can shed light on some particular aspects of his argument, particularly those referring to the construction of human nature and its influence on the modulation of the state of nature and on the justification of authority and political (...) obligation. So, Hobbes proceeds as a sociobiologist since he offers us a tale about the emergence of morality from where it didn't exist before and moves from there to a specific understanding of political authority. RESUMO No texto a seguir, pretendemos apresentar uma proposta de interpretação da obra de Hobbes a partir de sociobiologia. Apesar de poder chocar alguns em primeiro lugar como um anacronismo ou errado, ler o filósofo da Mamelsbury a partir de uma perspectiva sociobiológica pode lançar luz sobre alguns aspectos particulares do seu argumento, em especial os referentes à construção da natureza humana e sua influência sobre a modulação do estado de natureza e sobre a justificação da autoridade e obrigação política. Portanto, Hobbes procede como um sociobiólogo, já que ele nos oferece um conto sobre o surgimento da moralidade de onde ela não existia antes e se move de lá para uma compreensão específica da autoridade política. (shrink)

In recent years a large empirical literature has appeared on suffering at the end of life. In this literature it is recognized that suffering has existential and social dimensions in addition to physical and psychological ones. The non-physical aspects of suffering, however, are still understood as pathological symptoms, to be reduced by therapeutical interventions as much as possible. But suffering itself and the negative emotional states it consists of are intentional states of mind which, as such, make cognitive claims: they (...) are more or less appropriate responses to the actual circumstances of the patient. These circumstances often are such that it would rather be a pathological symptom not to be sad and not to suffer. Suffering, therefore, is sometimes and to some extent a condition to be respected. Although I do not dispute that the alleviation of suffering is the main aim of palliative care, in pursuing that aim we should acknowledge a constraint of realism. (shrink)

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

This essay criticizes the proposal recently defended by a number of prominent economists that welfare economics be redirected away from the satisfaction of people's preferences and toward making people happy instead. Although information about happiness may sometimes be of use, the notion of happiness is sufficiently ambiguous and the objections to identifying welfare with happiness are sufficiently serious that welfare economists are better off using preference satisfaction as a measure of welfare. The essay also examines and criticizes the position associated (...) with Daniel Kahneman and a number of co-authors that takes welfare to be ‘objective happiness’ – that is, the sum of momentary pleasures. (shrink)

Three perspectives on international trade are present in current debates. From the first perspective, trade is regarded as a set of individual transactions among consenting parties and considerations of fairness and justice barely feature, if at all. The second perspective underlines the importance of background structures for trade, maintained by states, which gives rise considerations of fairness and justice. One prominent version of this perspective, for example as defended by Aaron James, views all trading states as having in principle equal (...) claims to the gains from trade. A third perspective puts the focus on exploitation. In this special issue, Mathias Risse and Gabriel Wollner claim that the first perspective should be abandoned and that the type of approach that is instantiated by James fails. This article does not follow them in dismissing the second perspective in its entirety. It suggests that there is a different version of this perspective that is defensible and develops key elements of that version. In a second step, the article seeks to show that, even if there were no plausible account of fairly dividing gains from trade among states, fairness in trade would still generate demanding normative requirements – that can be and should be integrated into a theory of global justice. (shrink)

The aim of this paper is to contribute to the development of a theory of economic freedom. In this endeavor, we build our framework on the Hayekian notion of freedom because it explicitly embodies the obvious link between freedom and the state: freedom is an absence of state coercion except for that which enforces abstract, general rules known beforehand. We derive two propositions from this Hayekian thesis and elaborate on them, leading to a categorization of government actions from the viewpoint (...) of economic freedom in which the criterion against which coercive governmental actions must be evaluated is the rule of law, meaning a government’s reliance on general, abstract rules. As an implication, our framework allows us to argue for the imperative differentiation between “efficiency” and “economic freedom” as two separate criteria against which government actions can and must be evaluated. We also show that our framework may help explain the process through which economic freedom enhances growth. (shrink)

Reliabilism—the view that a belief is justified iff it is produced by a reliable process—is often characterized as a form of consequentialism. Recently, critics of reliabilism have suggested that since it is a form of consequentialism, reliabilism condones a variety of problematic trade-offs involving cases where someone forms an epistemically deficient belief now that will lead her to more epistemic value later. In the present paper, we argue that the relevant argument against reliabilism fails because it equivocates. While there is (...) a sense in which reliabilism is a kind of consequentialism, it is not of a kind on which we should expect problematic trade-offs. (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)

Many private business relationships are increasingly characterized by claims that certain actions should not be permitted since particular right claims are involved. Such claims should be taken seriously, but are they always ethically legitimate? This paper analyzes one context, the use of age as a rating variable in the pricing of automobile insurance, where such claims are made. By identifying, evaluating and assessing the relevant basis for the differentiation, actuarial equity, it is concluded that there is an ethical basis for (...) such a practice. The analysis also provides an equivalent means for considering other such analogous claims where actuarial equity is involved. (shrink)

Insider trading has received a bad name in recent decades. The popular press makes it sound like an evil practice where those who engage in it are totally devoid of ethical principles. Yet not all insider trading is unethical and some studies have concluded that certain kinds of insider trading are actually beneficial to the greater investment community. Some scholars in philosophy, law and economics have disputed whether insider trading should be punished at all while others assert that it should (...) be illegal in all cases. This paper explores the nature of insider trading and analyzes the issues to determine the positive and negative aspects of insider trading, and how policy should be changed. The best hope would be for studies to be made that isolate the individuals or groups who are fraudulently harmed by insider trading. If any such groups exist, then clearly worded legislation could be passed to prevent any fraud from being committed against these individuals and groups, while allowing non-fraudulent transactions to be completed without fear of prosecution. Until it can be clearly determined that someone is fraudulently harmed by insider trading, there should be no law or regulation restricting the practice, since such restrictions violate individual rights and will likely have a negative market reaction. (shrink)

Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT - that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of basic (...) human rights - is a reasonable and appealing notion. One potential challenge for those attempting to apply this idea, however, lies in the dynamic nature of social norms. Organizational norms evolve, often through the conscious efforts of community members and leaders. As currently formulated, ISCT offers a framework that under-appreciates the evolving nature of moral norms. In this paper, we extend ISCT by considering the circumstances under which the terms of and parties to social contracts change. We also consider a number of principles that should be considered as the terms and parties to organizational social contracts change. (shrink)

The notion that the firm, and economic activity in general, is inherently amoral is a central feature of positive economics that is also widely accepted in business ethics. Theories as disparate as stockholder and stakeholder theory both leave this central assumption unchallenged. Each theory argues for a different set of external ethical restrictions, but neither adequately provides an internal connection between business and the ethical rules business people are obliged to follow. This paper attempts to make this connection by arguing (...) that the purpose of business is to produce a good or service for trade. Trade involves both a respect for individual autonomy and property rights and squarely places moral norms internal to the practice of business. Trade is not a contingent activity of business, it is a practice rule which also provides the common sense boundary between business and charity on the one hand, and crime on the other. Business and those who engage in it are, from the internal point of view, bound by the purpose of trade and not just the laws of the land. (shrink)

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...) labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

According to Eric Mack, the Wilt Chamberlain Argument makes two distinct points against all patterned and end-state theories of justice. First, the pattern theorist cannot explain how innocuous actions can give rise to an injustice. Second, the enforcement of a pattern theory requires constant redistribution of holdings, and that prevents people from forming legitimate expectations about their future holdings. This paper responds to both of these points. Mack’s first point denies or disregards the relevance of harmful consequences to the justice (...) or injustice of a distribution. The second point is based on a requirement that is either too demanding to be plausible, or too permissive to undermine pattern theories. The failure of Mack’s arguments illustrates the difficulty of resolving substantive political debates with a priori arguments alone. When faced with objections, the only possible defense of the Wilt Chamberlain argument resorts to empirical claims, which stand in need of empirical evidence. (shrink)

For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...) of riot policing in the U.K. In doing so, we contribute by joining a number of other conversations within JBE, suggesting detailed empirical examination of this context is useful in opening up considerations relevant to ‘virtue’ elsewhere. This extreme context helps us raise interesting and empirically informed questions that can encourage future theoretical and empirical contributions to virtue in business ethics. One such question is on the role of habituation in virtue, which is not just the inculcation of a reflex or automaticity, but can also refer to a trained and developed tendency to behave in the right way, for the right reasons, at the right time. Whilst we stop short of a simplistic alignment of habituation and virtue, we show ways in which it can inform understanding of both courage and phronēsis. (shrink)