The main body of this paper assesses a leading recent theory of fairness, a theory put forward by John Broome. I discuss Broome's theory partly because of its prominence and partly because I think it points us in the right direction, even if it takes some missteps. In the course of discussing Broome's theory, I aim to cast light on the relation of fairness to consistency, equality, impartiality, desert, rights, and agreements. Indeed, before I start assessing Broome's theory, I discuss (...) two very popular conceptions of fairness that contrast with his. One of these very popular conceptions identifies fairness with the equal and impartial application of rules. The other identifies fairness with all-things-considered moral rightness. (shrink)

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

Residential rent control is a contentious issue in many jurisdictions throughout the world. While tenant groups have often argued vociferously in defence of control, landlord groups and the vast majority of economists have been equally vehement in their criticisms. This paper examines some key normative issues involved in rent control. In particular I examine arguments in favor of control based on the alleged unfairness of winfall profits, upon affordability, and finally on the creation of rights to security of tenure. Various (...) objections by libertarian and free market philosophers and economists are examined. I conclude with a somewhat limited defense of rent control as used in specific situations as part of a more comprehensive policy to satisfy the normative demands at the root of tenant pressure for rent control. (shrink)

The present article attempts to evaluate various tenets of moral philosophy by reviewing empirical data from the field of organizational justice bearing on: (a) people''s concerns about fairness in organizations, and (b) the consequences of following or not following rules of justice. With respect to concerns about fairness in organizations, utilitarian claims that people believe that fairness requires distributions of reward based on merit were assessed. Similarly, evidence was reviewed bearing on the claim of psychological egoists that judgments of fairness (...) reflect a self-interested bias. Finally, Kant''s view that people should never lie was evaluated in light of evidence describing people''s actual attitudes toward lying. In all three cases, the underlying philosophical premises were concluded to be overly simplistic in view of complexities about human nature revealed in empirical research. In addition, evidence was reviewed that shed light on the teleological claims of utilitarians regarding the purported benefits of following two common organizational practices — using merit-based pay, and punishing harmdoers. Here, too, the empirical evidence (findings that these techniques do not consistently yield the greatest good for the greatest number) suggests that the premise underlying utilitarian thought is based on unfounded, overly simplistic assumptions about the effects of following various allegedly moral ideas. It is concluded that our analyses provide a useful first step toward the desired goal of business ethicists of integrating prescriptive and descriptive approaches to justice. (shrink)

The ways in which ethical issues arise in making clinical judgments are briefly discussed. By showing the topography of the role of value judgments in medical diagnostics it is suggested why clinical medicine remains inextricably a value-infected science.

This paper presents an argument for the democratic (or 'labor-managed') firm based on ordinary jurisprudence. The standard principle of responsibility in jurisprudence ('Assign legal responsibility in accordance with de facto responsibility') implies that the people working in a firm should legally appropriate the assets and liabilities produced in the firm (the positive and negative fruits of their labor). This appropriation is normally violated due to the employment or self-rental contract. However, we present an inalienable rights argument that descends from the (...) Reformation and Enlightenment which argues that the self-rental contract, like the self-sale or voluntary slavery contract, is inherently invalid. The key intuition of the inalienable rights theory is that one cannot in fact voluntarily transfer de facto responsibility for one's actions to another person. One can only voluntarily co-operate with another person, but then one is de facto jointly responsible for the results. Just as the legal authorities legally reconstruct the criminous employer and employee as a partnership with shared responsibility, so justice demands that every firm be legally reconstructed as a partnership of all who work (working employers and employees) in the enterprise, i.e., as a democratic firm. (shrink)

Although Friedman's The Social Responsibility of Business is to Increase Profits is widely read, the central argument is rarely identified. Stone's discussion of Friedman in Where the Law Ends, is often used as a companion piece. Stone claims that the most important argument in Friedman is the Polestar argument but never succeeds in explaining what it is. This paper shows that Friedman's position must be read in the context of his theory of political economy, and that at least four distinct (...) utilitarian arguments are required to account for his views. Specifically, Friedman relies upon what I describe as Realistic Rule Utilitarianism in which utility is understood in terms of actual preferences. The weaknesses of this theory are then explained. (shrink)

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able (...) to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. (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)

Argues that truth, moral right, political right, and aesthetic value may be understood as arising out of a naturalist account of humanity, if naturalism is rightly conceived.

Those who claim to be committed to the moral equality of animals don’t always act as if they think all animals are equal. For instance, many animal liberationists spend hundreds, if not thousands, of dollars each year on food, toys, and medical care for their companion animals. Surely, more animals would be helped if the money spent on companion animals were donated to farmed animal protection organizations. Moreover, many animal liberationists feed their companion animals the flesh of farmed animals, and (...) some let their cats roam outdoors, foreseeing that they will kill wildlife. Maybe these companion-animal loving animal liberationists are moral hypocrites. Or maybe their behavior is justified. I defend the latter claim. By developing an ethic that emphasizes the moral significance of life-meaning and recognizes the important role that companion animals play in giving meaning to human lives, I argue that there are stringent side-constraints that apply to companion animals, but not to other animals. Consequently, it isn’t hypocritical to prioritize companion animals over other animals. We can have (and value) our carnivorous companions and be animal liberationists too. (shrink)

According to a diverse and widely popular family of moral theories, there is a class of individuals – typically humans or persons – who have the very same, full moral status. Individuals not falling into that class count for less, or not at all, morally speaking. In this article, I identify two problems for such theories, the mapping problem and the problem of misgrounded value, and argue that they are serious enough to be decisive. I will then propose an alternative (...) account of full and equal moral status that avoids those problems. In grounding full moral status in phenomenal consciousness, it preserves the idea that you and I are equal, but at the same time radically expands the community of moral equals. I conclude by discussing some practical implications of my proposal. (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)

I critically examine the plausibility of Kant’s conception of rationalising, a form of self-deception that plays a crucial role for Kant’s moral psychology and his conception of the functions of critical practical philosophy. The main problem I see with Kant’s conception is that there are no theory-independent criteria to determine whether an exercise of rational capacities constitutes rationalising. Kant believes that rationalising is wide-spread and he charges the popular philosophers and other ethical theorists with rationalising. Yet, his opponents could, in (...) turn, charge him with rationalising and some theorists, namely Act-Consequentialists, seem to be in an even stronger position to charge Kant with rationalising than vice versa. In response, I propose standards that do not assume a specific normative theory and that become apparent when we look at clear-cut abuses of rationality. These standards of minimally decent reasoning can help us diagnose rationalising. I develop these standards by looking at inadequate uses of rational capacities that should strike us as problematic regardless of the specific ethical theory we adopt. I emphasise that even an abuse of rational capacities can yield true results and that we can never tell from a single judgement that someone rationalises. Rather, we must look for patterns. (shrink)

The distinctive feature of a hybrid view (such as Nozick’s “utilitarianism for animals, Kantianism for people”) is that it divides moral patients into two classes: call them dersons and uersons. Dersons have a deontological kind of moral status: they have moral rights against certain kinds of optimific harms. Uersons, by contrast, have a utilitarian kind of moral status: their interests are morally important (in proportion to the magnitude of those interests), but uersons do not have deontological moral rights or any (...) other kinds of deontological protections. In this paper, we discuss and critically evaluate three ways of supporting a hybrid view: a case-based argument; an autonomy-based rationale; and a rationale based in a capacity for what we call deep commitments. Finally, we discuss a way in which considerations about the moral significance of relationships might support an approximation of a hybrid view. (shrink)

Im Beitrag wird die übliche, intuitionsbasierte Bewertung ethischer Gedankenexperimente hinterfragt und stattdessen für ein neo-kantisches Verfahren der Bewertung argumentiert. Hierzu wird nach einer kurzen systematisch-historischen Verortung zunächst eine grobe Kategorisierung vorgenommen, die erstens nach der Funktion, zweitens nach der Fragestellung erfolgt, auf die Gedankenexperimente antworten. Das vorgeschlagene, neo-kantische Verfahren eignet sich insbesondere zur Bewertung einer bestimmten Kategorie von Gedankenexperimenten: Dilemmatische Situationen, in denen eine Abwägung von Menschenleben zur Debatte steht, weil nicht alle Beteiligten überleben können. Anhand von drei ausgewählten Gedankenexperimenten (...) wird das jeweilige Bewertungsverfahren betrachtet. Im Zuge des neokantischen Verfahrens wird ein „Rollentausch“ vorgenommen und danach gefragt, was alle Betroffenen „rationalerweise wollen“ können. Während die Präferenzen der Täter, die das Dilemma erst verursachen, nicht in die Überlegung eingehen, hängt die Bewertung der Perspektive der Opfer von Art und Ausmaß ihrer Bedrohung ab. Passagiere und Crew des entführten Flugzeugs, deren Tod unausweichlich bevorsteht, könnten einem Abschuss, der vielen anderen das Leben rettet, rationalerweise zustimmen. Beim Gedankenexperiment von Jim und den Indianern ist dies nur bedingt der Fall. In fast allen Varianten des Trolley-Experiments kann nicht davon ausgegangen werden, dass die jeweilige Person der Opferung ihres Lebens für andere zustimmt. In einem letzten Punkt wird auf den Einwand Humes eingegangen, dass weder ein radikal egoistisches noch ein übertrieben altruistisches Wollen als „irrational“ bezeichnet werden kann. (shrink)

Recent advances in artificial intelligence offer many beneficial prospects. However, concerns have been raised about the opacity of decisions made by these systems, some of which have turned out to be biased in various ways. This article makes a contribution to a growing body of literature on how to make systems for automated decision-making more transparent, explainable, and fair by drawing attention to and further elaborating a distinction first made by Nozick between first-level bias in the application of standards and (...) second-level bias in the choice of standards, as well as a second distinction between discrimination and arbitrariness. Applying the typology developed, a number of illuminating observations are made. First, it is observed that some reported bias in automated decision-making is first-level arbitrariness, which can be alleviated by explainability techniques. However, such techniques have only a limited potential to alleviate first-level discrimination. Second, it is argued that second-level arbitrariness is probably quite common in automated decision-making. In contrast to first-level arbitrariness, however, second-level arbitrariness is not straightforward to detect automatically. Third, the prospects for alleviating arbitrariness are discussed. It is argued that detecting and alleviating second-level arbitrariness is a profound problem because there are many contrasting and sometimes conflicting standards from which to choose, and even when we make intentional efforts to choose standards for good reasons, some second-level arbitrariness remains. (shrink)

Firms use algorithms to make important business decisions. To date, the algorithmic accountability literature has elided a fundamentally empirical question important to business ethics and management: Under what circumstances, if any, are algorithmic decision-making systems considered legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the impact of decision importance, governance, outcomes, and data inputs on perceptions of the legitimacy of algorithmic decisions made by firms. We find that many of the procedural governance (...) mechanisms in practice today, such as notices and impact statements, do not lead to algorithmic decisions being perceived as more legitimate in general, and, consistent with legitimacy theory, that algorithmic decisions with good outcomes are perceived as more legitimate than bad outcomes. Yet, robust governance, such as offering an appeal process, can create a legitimacy dividend for decisions with bad outcomes. However, when arbitrary or morally dubious factors are used to make decisions, most legitimacy dividends are erased. In other words, companies cannot overcome the legitimacy penalty of using arbitrary or morally dubious factors, such as race or the day of the week, with a good outcome or an appeal process for individuals. These findings add new perspectives to both the literature on legitimacy and policy discussions on algorithmic decision-making in firms. (shrink)

The approaches currently dominating sustainable urban planning are based on a paradigm which assumes that economic growth can be decoupled from economic degradation through smarter technological so...

The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can (...) be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso. (shrink)

According to Parfit’s assessment of fission, the fissioner can have prudential concern for each of the post-fission people and that concern will be rational in virtue of some relation he bears to those post-fission people. Parfit suggests that it is plausible that the relation that grounds rational prudential concern is not identity, but some other relation. This argument can be challenged by reference to Velleman’s account of anticipating having an experience on the reasonable assumption that prudential concern with respect to (...) a person P consists, in part, in the ability to anticipate having certain experiences of P. According to Velleman, the fissioner cannot anticipate having the experiences of the fission products. In this paper, I suggest, first, that even if we accept Velleman’s account of anticipating having an experience, there are variants of fission in which his account is satisfied and, second, that his account may have the implication that prudential concern does not require anticipatory concern. (shrink)

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

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

This essay presupposes that Friedrich Nietzsche and Rudolf Carnap champion contrasting reactions to the fact that, throughout history, persons have been engaged in metaphysical disputes. Nietzsche embraces a libertarian reaction that is in agreement with his anti-democratic aristocratic political views, whereas Carnap endorses an egalitarian reaction aligned with his democratic and socialist political views. After characterizing these reactions, the essay argues for two claims. The first claim is that the stated contrasting reactions are to be considered, not only by the (...) few scholars who are interested both in Nietzsche’s and Carnap’s writings, but by a far larger group that includes those who have addressed the continental-analytic gap; those who are concerned with the development of contemporary philosophy; and/or those who are interested in the writings of Michel Foucault, Jacques Derrida, David Lewis and/or Peter van Inwagen. The second claim is that we have to entertain a synthesis of Nietzsche’s libertarian and Carnap’s egalitarian reaction in order to overcome the continental-analytic gap. (shrink)

Taking Kant’s philosophy of right as my starting point, I defend the view that just exercise of political power requires economic redistribution. Against the common view that Kant’s political thinking has no economic implications, I argue that republican interpretations of his philosophy of right succeed in reconstructing a cogent argument in favor of public poverty relief. I also argue that the economic implications of Kant’s theory extend beyond public support of the poor. As freedom-enabling institutional structures, states are obliged to (...) remove hindrances to democratic self-legislation. It is reasonable to consider economic inequality as such a hindrance, and so public provisions for the poor is not enough. In order to exercise political power in a just way, public authorities must also take measures to reduce the gap between the richest and the poorest. (shrink)

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

Why think that conscious experience of reality is any more epistemically valuable than testimony about it? I argue that conscious experience of reality is epistemically valuable because it provides cognitive contact with reality. Cognitive contact with reality is a goal of experiential inquiry which does not reduce to the goal of getting true beliefs or propositional knowledge. Such inquiry has awareness of the truth-makers of one’s true beliefs as its proper goal. As such, one reason why conscious experience of reality (...) is more epistemically valuable than testimony about reality is that it gives us more epistemic goods than only true belief or propositional knowledge. I defend this view from two rival accounts. First, that while conscious experience of reality has greater value than testimony, its value is only eudaimonic. Second, that while it has greater epistemic value than testimony, this value is not distinctive: for it only promotes truth better than testimony. (shrink)

In Germany, transfers of assets between generations are subject to inheritance and gift tax.1 However, there are different views on whether or not the present level of taxation is high enough. Our study looks at the potential for applying increases. We show that the constitutional framework does indeed allow for higher taxation in the case of intergenerational property transfers. We identify the essential points in current German inheritance and gift tax law, which make it possible to transfer large assets with (...) no or low inheritance tax burden. For these points as well as the determination of tax rates, we propose reform approaches and present options for the use of possible additional income. (shrink)

A recent movement within political philosophy called luck egalitarianism has attempted to synthesize the right’s regard for responsibility with the left’s concern for equality. The original motivation for subscribing to luck egalitarianism stems from the belief that one’s success in life ought to reflect one’s own choices and not brute luck. Luck egalitarian theorists differ in the decision procedures that they propose, but they share in common the general approach that we ought to equalize individuals with respect to brute luck (...) so that differences in distribution are only a consequence of the responsible choices that individuals make. I intend to show that through the application of its own distributive procedures, the interpersonal luck egalitarian approach actually undermines its original motivation by making the lives of individuals subject to brute luck. I propose two alternative methods that the luck egalitarian could use to prevent the problems suffered by the interpersonal luck egalitarian standard. (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)

Conservatism’s core claim is that traditions play an important, if not essential, role in the acquisition of normative knowledge. However, that thesis has never been adequately defended. Three things are missing from conservative political thought: a traditionalist account of propositional normative knowledge, an explicit and sustained positive argument for traditions’ role in the acquisition of normative knowledge, and deference to relevant work in other areas of philosophy, especially epistemology. In this thesis, I provide an argument for conservatism which remedies each (...) of these defects. I call it the Social Knowledge Argument. According to the Social Knowledge Argument, some beliefs formed out of deference to the traditions of one’s society constitute normative knowledge, since deference to the traditions of one’s society is a reliable process for normative belief formation in some societies. Deference to the traditions of one’s society is reliable in some societies because traditions are the outputs of cultural evolution and the latter tends to produce traditions that capture the demands of normative domains such as morality. The Social Knowledge Argument constitutes a traditionalist account of propositional normative knowledge, is an explicit argument for traditions’ epistemic role, and utilises intellectual resources unavailable to previous generations of conservative writers. Specifically, the Social Knowledge Argument assumes a process reliabilist theory of knowledge, and these are of recent provenance, and while conservatives have always appealed to cultural evolution, I am able to draw on fully-fledged scientific accounts of cultural evolution which were unavailable to or neglected by previous conservative writers. (shrink)

Production in sweatshops entails an elevated risk of occupational injury and sickness due to accidents and exposure to dangerous working conditions. As most sweatshop locations lack basic social security systems, health problems have severe consequences for affected workers. Against this background, this article considers what obligations employers of sweatshop labor have to their workers, and how they should meet them. Based on core libertarian concepts, it shows that they are morally responsible for health problems caused by their management decisions, that (...) they should compensate affected workers, and that they must prevent potentially irreversible health problems. In line with Nozick’s contractarian method, the article further argues that these obligations should be implemented through a compulsory employment injury insurance system. Such a system would impose industry-wide health and safety standards, in contrast to the view that libertarianism excludes any labor regulation for the protection of workers, as an illegitimate interference in voluntary labor contracts. (shrink)

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)

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)

Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not give (...) their consent: citizens who reach the voting age after the re-enactment process; citizens who did not assent to being obliged by the majority vote’s results. I reject possible responses to my argument by showing that they result in making the model either impractical or redundant. The remainder of the paper discusses whether implementing the model would enhance the consent-based legitimacy of the modern state. (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)

In A Theory of Justice, Rawls concludes that individuals in the original position would choose to adopt a system of democratic equality governed by his two principles of justice. However, Rawls mistakenly defines the possibility space within which individuals in his original position must make their choice. An alternative account of the possibility space created by Rawls’s original position reveals that a system of liberal equality, according to which distributive shares would be determined by market processes, would be preferred by (...) risk-averse individuals. However, such individuals would guard against the erosion of the social bases of self-respect by including a social safety net among the basic equal liberties secured by Rawls’s first principle of justice. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

abstractThe paper explores a new interpretation of the consequentializing project. Three prominent interpretations are criticized for neglecting the explanatory dimension of moral theories. Instead...

Contemporary democratic political culture prioritizes the right over the good. The right is imagined as a non-controversial, universally acceptable and non-negotiable good. The liberal politics of the right assumes the substance ontology of the disengaged, rational, autonomous subject. The alternative ontology of the engaged, embodied, cultural and historical self, which inspires the liberal politics of identity, however, conceives recognition of identity as a substantive, complete, determinate and non-negotiable right. This paper argues that the non-substance ontology of the self can, in (...) fact, stimulate a politics of the non-substantial good, which is incomplete, indeterminate and imperfect. Such a conception of the good can powerfully evoke the moral sense undergirding the good, albeit negatively, when it is put into circulation in the common discursive space of politics. In polities of radical diversity like India, the negative politics of the good is especially pertinent. (shrink)

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

This article examines John Simmons’ Lockean theory of territorial rights and defends the superiority of the rival nationalist theory that he rejects. It begins by arguing that all philosophical acc...