This paper addresses the somewhat neglected topic of envy and its relationship to education and social inequality in Britain. Drawing on the work of Rawls, Runciman and Crosland, the paper proposes a distinction between envy as a vice and 'justified resentment' aroused by perceived injustices in the social distribution of primary goods, including education. Various pejorative uses of the term 'the politics of envy' in UK politics are examined. The conditions necessary for a politics of justified resentment are then analysed. (...) Current developments in higher education in the UK are discussed with reference to signs of the emergence of new social resentments among the relatively highly educated. Prospects for a wider politics of justified resentment are assessed in relation to a range of emergent policies and priorities of New Labour in government. (shrink)

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

Can any being worthy of worship make others worship it? I think not. By way of an analogy to love, I argue that it is perfectly coherent to think that one could be made to worship. However, forcing someone to worship violates their autonomy, not because worship must be freely given, but because forced worship would be inauthentic—much like love earned through potions. For this reason, I argue that one cannot be made to worship properly; forced worship would be unfitting. (...) My principal claim is that no being worthy of worship could exercise the power to make others worship it, since the act of making another worship would necessarily make one unworthy of worship. (shrink)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

The difference between the unity of the individual and the separateness of persons requires that there be a shift in the moral weight that we accord to changes in utility when we move from making intrapersonal tradeoffs to making interpersonal tradeoffs. We examine which forms of egalitarianism can, and which cannot, account for this shift. We argue that a form of egalitarianism which is concerned only with the extent of outcome inequality cannot account for this shift. We also argue that (...) a view which is concerned with both outcome inequality and with the unfairness of inequality in individuals‘ expected utilities can account for this shift. Finally, we limn an alternative view, on.. (shrink)

This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in accordance (...) with their values. I further argue that Steiner’s compensation strategy does not succeed in avoiding trade-offs so it falls prey to the same criticism. I propose a non-trade-off solution that is implicit in the accounts discussed and is more consistent with the meta-ethical framework advocated by Sen. This solution relies on an enforceable duty to share in the costs of rights enforcement hence it entails a degree of redistribution for enforcement purposes. (shrink)

This paper addresses a recent wave of criticisms of liberal peacebuilding operations. We decompose the critics’ argument into two steps, one which offers a diagnosis of what goes wrong when things go wrong in peacebuilding operations, and a second, which argues on the basis of the first step that there is some deep principled flaw in the very idea of liberal peacebuilding. We show that the criticism launched in the argument’s first step is valid and important, but that the second (...) step by no means follows. Drawing a connection between liberal peacebuilding and humanitarian intervention, we argue that the problems that the critics point to are in fact best addressed within the framework of liberal internationalism itself. Further, we argue that the development of the notion of human security marks a dawning awareness within liberal internationalism of the kinds of problems that the critics point to, however difficult it may still be to embody these ideas in practice. (shrink)

Calls for compensation are heard in many countries all over the world. Spokespersons on behalf of formerly oppressed and dominated groups call for compensation for the deeply traumatic injustices their members have suffered in the past. Sometimes these injustices were suffered decades ago by members already deceased. How valid are such claims to compensation and should they be honoured as a matter of justice? The focus of this essay is on these issues of compensatory justice. I want to look at (...) the issue from the perspective of the eradication of systematic poverty affecting particular groups—where injustices of the distant past can reliably be identified as one of the major contributory factors to people’s current poverty. In the paper I will examine the following issues: (1) What kind of injustices qualify to be remedied by means of compensatory justice? (2) Should there be a limit to how far back in history one should go to compensate for injustice? (3) How can an injustice from the distant past be reliably identified as a cause of current problems? (4) Who should be compensated? (5) Who is responsible for compensation? (6) What form should compensation take? (7) Is the concept of compensatory justice backward looking or forward looking? I will argue for a moral obligation to the effect that serious injustices, perpetrated long ago against a group of people and caused them to be poor, ought to be compensated by society in a variety of ways to the original victims (if still alive) and their descendants. (shrink)

Integrity is one of the leading normative concepts employed in our society. We frequently talk about the degree of integrity of community leaders and famous historical figures, and we highly value integrity in our elected public officials. But philosophers have had a difficult time arriving at consensus about what integrity consists in. Some claim that it is a purely formal relation of consistency, others that it has to do primarily with one‟s identity, and still others that it involves subjective or (...) objective moral requirements. The primarily goal here is to outline the leading facets of integrity in the contemporary philosophical literature. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: the right to (...) property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

I believe that Tom is the proud father of a baby boy. Why do I think his child is a boy? A natural answer might be that I remember that his name is ‘Owen’ which is usually a boy’s name. Here I’ve given information that might be part of a causal explanation of my believing that Tom’s baby is a boy. I do have such a memory and it is largely what sustains my conviction. But I haven’t given you just (...) any causally relevant information, I’ve given my grounds for my belief. I’ve given reasons that might justify me in supposing that Tom’s baby is a boy. Less naturally, the question might be taken as a request for a broader causal explanation of my holding this belief. Appropriate answers might cite all manner of facts concerning the evolution of the human race, why I chose to pursue philosophy and hence came to know Tom, the mechanisms of email transmission, the firing of various neurons, the circumstances of concept formation as a result of which I’m able to grasp the thought that Tom’s baby is a boy, and so on. It is an interesting question what distinguishes the narrower set of answers that I first suggested. I won’t pursue that here. I assume you have a good enough sense of the distinction I’m drawing. We might call the narrower set of answers justifying reasons, the kind of reasons I might cite in justifying my belief. Answers of the first sort are clearly relevant to epistemological evaluation. In assessing whether you know p or are rational in believing it to the degree you do, I will naturally want to consider what reasons you have for your belief. In deliberating myself about whether to believe p, in seeking an answer to the question of whether p, I will naturally consider what reasons or grounds I have to suppose that p. But what I want to focus on here is how explanations of the broader sort bear on such questions as whether to believe p. From a third-person perspective we can ask, ‘In assessing the epistemic status of S’s belief that p, what is the relevance of causal information that lies outside of the realm of justifying reasons?’ From the first-person standpoint we can ask ‘In seeking to answer whether p, how should such causal information affect my deliberations?’ At first it might seem that such broader causal information could have little relevance if any. Like any belief my belief that p can be traced back to innumerable causes from far and wide.. (shrink)

Grounded in what Alan Wertheimer terms the nonworseness claim, it is thought by some philosophers that what will be referred to herein as better-than-permissible acts —acts that, if undertaken, would make another or others better off than they would be were an alternative but morally permissible act to be undertaken—are necessarily morally permissible. What, other than a bout of irrationality, it may be thought, would lead one to hold that an act (such as outsourcing production to a sweatshop in a (...) developing country) that produces more benefits for others than an act that is itself morally permissible (such as not doing business in the developing country at all) with respect to those same others, is not morally permissible? In this article, I argue that each of the two groups of philosophers that are most likely to accept the nonworseness claim—consequentialists and non-consequentialists—have reason to reject it, and thereby also have reason to reject the belief that better-than-permissible acts are necessarily morally permissible. (shrink)

This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...) struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment 's permissibility follows more straightforwardly from the fair play view of political obligation: Specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment. (shrink)

According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states that crimes against humanity (...) are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability. (shrink)

This article deals with the conceptual features and the rational justification of moral rights. For this purpose, the author starts with a common classification of rights, i.e., the distinction between rights in rem and rights in personam. He argues that rights of the first kind can be justified by a two‐fold application of the principle of universalizability, while the latter are based on moral rules concerning special social relations, rules which themselves are founded on the principle of universalizability. This distinction, (...) however, does not suffice to cover a further category of rights that play a very important role in social life, namely the rights of community membership, i.e., the particular rights that exist between the members of a social community. These rights cannot be derived from universalizability alone, but, instead, are based on the idea of social justice. This paper provides a short account of the main principles of social justice, and tries to apply them to property and welfare rights. (shrink)

Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal (...) paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

A recently published book, 'The Economics of Health Reconsidered' by Tom Rice, provides a strong critique of the role of markets in health care. Many of the issues of 'market failure' raised by Rice, however, have been, to varying extents, recognised previously in the health economics literature (at least outside the U.S.). What perhaps sets Rice's book apart from previous attempts to document such issues is its elegance and the methodical manner in which this critique is delivered. Significantly the critique (...) is based solely on conventional economic arguments. There has, however, been an emerging strand of the health economics literature not acknowledged in Rice's book which has approached some of these issues of market failure from a different perspective. Notably this research has involved, in part, borrowing from the ideas and methodological traditions of other disciplines. The emphasis in this work has been to expand the scope and the concerns of economic analysis in health care. (shrink)

Sen's Liberal Paradox has received a good deal of attention in the literature. However, it is worth re-opening the discussion since the solutions offered so far have serious problems and since there is more to say about the nature of the problem displayed by the Liberal Paradox. I propose a new solution to the paradox in the following sense: First, I argue that its range of applicability is not very broad. Second, there is nothing paradoxical about a conflict of the (...) principles involved in the Liberal Paradox. (Nagel's thesis of the ``fragmentation of value'' is important to make this point.) Third, I make a recommendation about how to remove conflicts when they occur in a restricted class of cases. For the other cases, no recommendation of similar appeal is available. But in the light of the first point, the availability of a generally applicable recommendation was not to be expected. (shrink)

The concept of ‘humane healthcare’ cannot and may not be limited to a personal virtue. For elucidating its meaning and making it functional as a critical ethical criterion for healthcare as a social institution, it is necessary to reflect on the social, cultural, and historical conditions in which modern healthcare finds its offspring and its further development. Doing this is the object and aim of social ethics. Social ethics in itself covers a broad area of different approaches. A main division (...) can be made between a liberal and a communitarian approach. This article focuses on the latter and concentrates on one of its representatives, Charles Taylor. The paper starts with two clarifying paragraphs: one about the terms humane and human, a second about the scope of social ethics. Next, because the term humane presupposes a certain view of man, attention will be paid to the lack of consensus in this respect within modernity, using some reflections of Taylor. In his view, resigning in this lack is a threat for one of the main motives behind modernity: the pursuit of a good and meaningful life. In the following section Taylor's analysis is applied to contemporary healthcare, by means of two examples. At the end the question is raised how to promote humane healthcare? In a short and conclusive sketch, three suggestions are offered for further research: scrutiny of goals and meanings within healthcare and culture, the broadening of the concept of autonomy and the upholding of human dignity as an intrinsic and imperative value. (shrink)

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...) that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

The rational choice paradigm has proved to be a fruitful means of analysis and explanation in various disciplines concerned with questions of practical rationality, but in various attempts to extend its fields of application the deficiencies of the original account of rational choice have become evident. This paper tries to give a systematic overview of ways in which the rational choice paradigm can be extended and modified.

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her (...) ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free. (shrink)

Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government and (...) the freedom of a political majority to enforce its wishes through law. I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin's sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right. (shrink)

In this essay, I argue that contemporary democratic theory gives insufficient attention to the important contributions dissenting citizens make to democratic life. Guided by the dissident practices of activist women, I develop a more expansive conception of citizenship that recognizes dissent and an ethic of political courage as vital elements of democratic participation. I illustrate how this perspective on citizenship recasts and reclaims women's courageous dissidence by reconsidering the well-known story of Rosa Parks.

There is a long tradition in economics of evaluating social arrangements by the extent to which individuals' preferences are satisfied. This is the tradition of welfarism, which has developed from nineteenth-century utilitarianism. Increasingly, however, the presumption that preference-satisfaction is the appropriate standard for evaluating social arrangements is being challenged by an alternative view: that we should focus on the set of opportunities open to each individual.

John Rawls's work has greatly contributed to rehabilitating equality as a basic social value, after decades of utilitarian hegemony,particularly in normative economics, but Rawls also emphasized that full equality of welfare is not an adequate goal either. This thesis was echoed in Dworkin's famous twin papers on equality, and it is now widely accepted that egalitarianism must be selective. The bulk of the debate on ‘Equality of What?’ thus deals with what variables ought to be submitted for selection and how (...) this selection ought to be carried out. (shrink)

The social discount rate – the rate at which future benefit flows from government investment are discounted to present value – has been a frequent subject of technical debate among professional economists. From a broader perspective, however, the selection of an appropriate rate enjoins consideration of questions that define the very contours of our public philosophy. It carries implicit assumptions about the nature of citizenship, the relation between public and private spheres, and, most singularly, the status of a political society (...) as it is located in time. A key determinant of intertemporal economic allocation, the social discount rate provides a unique registry of a polity's historical consciousness and perceptions of its intergenerational obligations. Yet the highly technical nature of the debate over the discount rate has proven inhospitable to scholars otherwise inclined to investigate its ethical dimensions. Some, notably A. K. Sen, have begun to address these philosophical issues, though much territory remains to be explored. (shrink)

Among the hardest cases in the ethics of killing are those in which one innocent person poses a lethal threat to another. I argue in favour of the intuition that lethal self-defence is permissible in these cases, despite the difficulties that some philosophers (e.g., Otsuka and McMahan) have raised about it. Philosophers writing in this area—including those sympathetic to the intuition (e.g. Thomson and Kamm)—have downplayed or ignored an essential and authoritative role for intuition per se (as against discursive general (...) principles): one based in moral sensibility and imagination rather than discursive argument or conceptual analysis. I am concerned to call attention to and rehabilitate this role for intuition. (shrink)

ABSTRACT The article considers various arguments put forward, on the subject of ‘sexual justice’, by Janet Radcliffe Richards in her book, The Sceptical Feminist: a Philosophical Enquiry. These arguments rest upon a version of ‘the difference principle’, and owe much to the exposition of this principle by John Rawls. It is argued that Radcliffe Richards fails to support her argument for sexual justice by reference to the difference principle. Indeed, it is argued that reliance by Radcliffe Richards upon this principle (...) vitiates her advocacy of sexual justice. The article concludes by putting forward an obvious alternative to the difference principle; and with a suggestion as to why Radcliffe Richards fails to acknowledge the strength of this alternative. (shrink)

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)

This article examines Nozick's claim (in Anarchy, State and Utopia) to have shown that a commitment to individual liberties requires acceptance of full capitalist property rights. The main gap in Nozick's argument is that he fails to show how individuals can become entitled to full control over previously unheld resources. Nozick draws on Locke's view that title is acquired by ?mixing one's labour?. But he excises certain (dubious) premisses on which Locke's theory relies and provides no alternative grounds for thinking (...) that the labourer is entitled to full control over his product. (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)

The article sets forth Ronald Dworkin’s efforts to avert the slavery of the talented within his theory of equality, so that they are not forced to work full-time at one type of job, but then criticises Dworkin for failing to apply similar concerns to not so talented workers. It argues that he overlooks the problem of the slavery of the not so talented that results from the tough rules he proposes for dealing with insurance payouts. Finally, it tries to show (...) how this unfairness can be avoided with a better interpretation of the likely outcome of his hypothetical insurance experiment given a better understanding of the motivations of parties operating within that experiment. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

The dominance of agency theory can reduce our collective scope to analyse private equity in all its diversity and depth. We contribute to theorisation of private equity by developing a contrasting perspective that draws on a rich tradition of virtue ethics. In doing so, we juxtapose 'private equity' with 'public good' to develop points of rhetorical and analytical contrast. We develop a typology differentiating various forms of private equity, and focus on the 'take private' form. These takeovers are where private (...) equity funds are used to buy all a firm's publicly listed shares. Take private deals reduce reporting requirements and lessen the amount of public scrutiny a firm comes under. They allow greater control of a firm's assets and resources but also have effects in terms of the wider social fabric. The 'public good' and virtue ethics offer an alternative basis for theorisation of these deals. This provides a needed contrast to accounts of private equity based on agency theory. (shrink)

Centre for Applied Philosophy and Public Ethics, The Australian National University, LPO Box 8260, ANU, Canberra ACT 2601, Australia. Email: michael.selgelid{at}anu.edu.au ' + u + '@ ' + d + ' '/ /- ->. Home page: http: //www.cappe.edu.au/staff/michael-selgelid.htmThis article advocates the development of a moderate pluralist theory of political philosophy that recognizes that utility, liberty and equality are legitimate, independent social values and that none should have absolute priority over the others. Inter alia, such a theory would provide a principled (...) means for striking a balance, or making trade-offs, between these values in cases of conflict. Recent developments in public health ethics have made progress in thinking about how to make trade-offs between liberty and utility in particular. While public health ethicists often claim that the least restrictive alternative should be used to achieve the public health goal in question, I argue that a plausible but under-recognized idea is that the least restrictive alternative might sometimes involve improvement of global health via redistributive taxation—i.e., rather than coercive social distancing measures. I conclude by demonstrating that the proportionality principle leaves open the question of when exactly utility outweighs liberty or vice versa—and I argue that, rather than speaking about the morality of liberty-infringing public health interventions in categorical/binary terms, it would be more fruitful and realistic to think and speak about the degree to which a liberty-infringing public health intervention is morally appropriate. CiteULike Connotea Del.icio.us What's this? (shrink)

This article examines the relation between policies concerning Corporate Social Responsibility (CSR) and philosophical moral theories. The objective is to determine which moral theories form the basis for CSR policies. Are they based on ethical egoism, libertarianism, utilitarianism or some kind of common-sense morality? In order to address this issue, I conducted an empirical investigation examining the relation between moral theories and CSR policies, in companies engaged in CSR. Based on the empirical data I collected, I start by suggesting some (...) normative arguments used by the respondents. Secondly, I suggest that these moral arguments implicitly rely on some specific moral principles, which I characterise. Thirdly, on the basis of these moral principles, I suggest the moral theories upon which the CSR policies are built. Previous empirical studies examining the relation between philosophical moral theories and the ethical content of business activities have mainly concentrated on the ethical decision-making of managers. Some of the most prominent investigations in that regard propose that managers mainly act in accordance with utilitarian moral theory (Fritzsche, D. J. and H. Becker: 1984 , Academy of Management Journal 27 (1), 166–175; Premeaux, S. and W. Mony: 1993 , Journal of Business Ethics 12 , 349–357; Premeaux, S.: 2004 , Journal of Business Ethics 52 , 269–278). I conclude that CSR policies are not based on utilitarian thinking, but instead, on some kind of common-sense morality. The ethical foundation of companies engaged in CSR, thus, does not mirror the ethical foundation of managers. (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)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle (...) against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a reluctant retributivist. (shrink)

There is near universal recognition that human participant protection is both morally and practically essential for all forms of research involving humans. Yet most of the discourse around human participant protection has focussed on norms—rules, regulations and governance arrangements—rather than on the actual effectiveness of these norms in achieving their ends—protecting participants from undue risk and ensuring respectful treatment as well as advancing the generation of useful knowledge. In recent years there has been increasing advocacy for evidence-based human participant protection (...) that would be grounded on the careful investigation of the effects of research on human participants. We offer an analysis of evidence-based protection and then focus on Canadian examples of research on evidence-based protection. We consider the prospects for such research being put into practice in Canada. Finally we connect our remarks to the theme of “the changing landscape of human participant protection.”. (shrink)

Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...) to morally justify itself to its own members) and “external” legitimacy (a state’s ability to morally justify itself to humanity more broadly). (shrink)

An Essay On Rights By Hillel Steiner Basil Blackwell, 1994. Pp. x + 305. ISBN 0-631-19027-9. Price 14.95 Connectionism and eliminativism: reply to Stephen Mills in Vol. 5, No. 1.