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

Few would disagree that contemporary society is characterized by ‘pluralism’, but what this means is widely disputed. Among the many senses of pluralism current in contemporary political theory, ‘value pluralism’ is one of the most keenly contested. The classic account is found in Isaiah Berlin, who sees basic human values as irreducibly multiple, often conflicting, and sometimes incommensurable with one another.Berlin’s pluralist views are scattered throughout his work, but major statements include the Introduction and last section of ‘Two Concepts of (...) Liberty’ in Berlin (2002), Berlin (1990), and Berlin (2000). Other accounts of pluralism influenced by Berlin include Raz (1986); Hampshire (1989); Stocker (1990); Nussbaum (1992) chapter 2; Kekes (1993); Gray (1995a, b); Chang (1997); Crowder (2002, 2004); Galston (2002, 2005). In the Continental tradition the concept of value pluralism is often traced to Max Weber (1948). Berlin seems in general to have believed that the pluralist outl .. (shrink)

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

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...) situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (shrink)

This paper is a plea for hedonism to be taken more seriously. It begins by charting hedonism's decline, and suggests that this is a result of two major objections: the claim that hedonism is the 'philosophy of swine', reducing all value to a single common denominator, and Nozick's 'experience machine' objection. There follows some elucidation of the nature of hedonism, and of enjoyment in particular. Two types of theory of enjoyment are outlined-intemalism, according to which enjoyment has some special 'feeling (...) tone'. and externalism, according to which enjoyment is any kind of experience to which we take some special attitude, such as that of desire. lnternalism-the traditional view--is defended against current externalist orthodoxy. The paper ends with responses to the philosophy of swine and the experience machine objections. (shrink)

Este ensayo analiza la conjunción libertad/autoridad defendida por el republicanismo clásico. Como pensador moderno, Maquiavelo recupera esta síntesis clásica y define la autoridad como la condición de posibilidad de la libertad. Pero, como muestra Eric Nelson, el republicanismo de Maquiavelo es más ateniense que romano. El republicanismo de Michael Sandel tiene una orientación similar. Basado en la ontología social desarrollada por Arendt y Taylor, Sandel postula el valor intrínseco de las nociones de participación y soberanía popular. De este modo, él (...) puede refutar la objeción de Rorty y su interpretación idiosincrática de Dewey. Según Sandel, Dewey critica el rechazo liberal de la autoridad y es capaz de articular orgánicamente la autoridad democrática y la libertad. This essay analyzes the conjunction freedom/authority defended by classical republicanism. As a modern thinker, Machiavelli retrieves this classical synthesis and defines the authority of law as the condition of possibility for freedom. But, as Eric Neson shows, Machiavelli's republicanism is more Athenian than Roman. Michael Sandel's democratic republicanism has a similar orientation. Besed on the social ontology developed by Arendt and Taylor, Sandel postulates the intrinsic value of the notions of participation and popular sovereignty. In this way he can refute Rorty's objections and his idiosyncratic interpretation of Dewey. According to Sandel, Dewey criticizes liberalism's rejection of authority and is able organically to articulate democratic authority and freedom. (shrink)

Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.

In this paper, I criticize two recent and influential arguments for no-platforming advanced by Robert Simpson and Amia Srinivasan and by Neil Levy, respectively. What both arguments have in common is their attempt to reconcile no-platforming with liberal values. For Simpson and Srinivasan, no-platforming does not contradict liberalism if grounded on the distinction between norms of free speech and norms of academic freedom; for Levy, those who defend the practice need not be accused of promoting paternalism. I argue that neither (...) view succeeds: these authors’ views are in strong tension with core tenets of liberalism. I proceed as follows: after introducing some basic liberal principles, I explain Simpson and Srinivasan’s argument in more detail and argue that it is too strong for some their stated purposes; then I proceed to show that both Simpson and Srinivasan and Levy’s arguments would justify extremely closed universities; finally, after arguing that Levy’s stance does not circumvent paternalism, I present some evidence that no-platforming would be captured by censors and probably threaten the very academic freedom that the authors want to protect. (shrink)

I argue that there are liberal reasons to reject what I call “Global Individualism”, which is the conjunction of two views strongly associated with liberalism: moral individualism and social individualism. According to the first view, all moral properties are reducible to individual moral properties. The second holds that the social world is composed only of individual agents. My argument has the following structure: after suggesting that Global Individualism does not misrepresent liberalism, I draw on some recent insights in social ontology (...) to show that it is inconsistent with the satisfaction of an important liberal principle related to the protection of individual rights over time. As I hold, to solve this problem we need to accept group agents acting as moral agents, which in turn commits us to the weaker notion of normative individualism (a view that is consistent with the existence of some group moral properties). I conclude with the suggestion that even this solution is costly for liberalism, for the conjunction of group moral agency and normative individualism makes the latter unstable and compels liberals to a much less individualistic stance than expected. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

We have controversial intuitions about the rightness of retributive punishment, keeping promises for its own sake, and pushing the heavy man off of the bridge in the footbridge trolley case. How do these intuitions relate to ethical theories? Should ethical theories aim to fit with and explain them? Or are only uncontroversial intuitions relevant to explanatory ethical theorising? I argue against several views that we might hold about the relationship between controversial intuitions and ethical theories. I then propose and defend (...) the view that ethical theories should only aim to fit with and explain the intuitions that almost all people (who minimally understand the relevant issues) share. I argue that this view has interesting and important implications for ethical theorising and theorising about justice and equality. (shrink)

This paper seeks to provide some of the roles of philosophy in the field of academic ethics.

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.

The concept of a society is central to several areas of philosophy, including social and political philosophy, philosophy of social science and moral philosophy. Yet little attention has been paid to the concept and we do not have an adequate philosophical account of it. It is a concept that is difficult to explain systematically, and it is subject to distortion or simple-minded attacks whenever it plays a major role in a philosophical theory. Methodological individualists have raised metaphysical or ontological concerns (...) about the idea that there are such things as societies, and other philosophers have found the concept of a society to be unacceptably vague. For these reasons, I believe it worthwhile to devote this essay to an attempt to explain the concept. (shrink)

No one would deny that sustainability is necessary for individual, business, and national survival. How this goal is to be accomplished is a matter of great debate. In this article I will show that the United States and other developed countries have a duty to create sustainable cities, even if that is against a notion of private property rights considered as an absolute. Through eminent domain and regulation, developed countries can fulfill their obligations to current and future generations. To do (...) so, the governments must reject perfectly competitive free market capitalism and the absolute right to private property, and more fully adopt social welfare capitalism as their economic system. The result will be a sustainable society that balances democracy, individual rights and individual flourishing with the community’s flourishing. (shrink)

During the last decade there has been burgeoning research concerning the ways in which we should think of and apply the concept of responsibility for Artificial Intelligence. Despite this conceptual richness, there is still a lack of consensus regarding what Responsible AI entails on both conceptual and practical levels. The aim of this paper is to connect the ethical dimension of responsibility in Responsible AI with Aristotelian virtue ethics, where notions of context and dianoetic virtues play a grounding role for (...) the concept of moral responsibility. The paper starts by highlighting the important difficulties in assigning responsibility to either technologies themselves or to their developers. Top-down and bottom-up approaches to moral responsibility are then contrasted, as we explore how they could inform debates about Responsible AI. We highlight the limits of the former ethical approaches and build the case for classical Aristotelian virtue ethics. We show that two building blocks of Aristotle’s ethics, dianoetic virtues and the context of actions, although largely ignored in the literature, can shed light on how we could think of moral responsibility for both AI and humans. We end by exploring the practical implications of this particular understanding of moral responsibility along the triadic dimensions of ethics by design, ethics in design and ethics for designers. (shrink)

The authors of the Target article, Shen and colleagues (2024) argue that there is a need for an ethical framework to help analyze when it is appropriate to return individualized research results (I...

This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...) very stringent restrictions on both the amount of unappropriated resources each person has a right to appropriate and the use they can make of those appropriated resources. The conclusion of my argument can be either used as a premise in a modus tollens argument to be used against natural-right theories of property rights or as a premise in a modus ponens argument in favour of a broadly left-libertarian theory. (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)

Consider the following argument for school choice, based on an appeal to the virtues of the market: allowing parents some measure of choice over their particular children's education ultimately serves the interests of all children, because creating a market mechanism in state education will produce improvements through the same pressures that lead to greater efficiency and quality when markets are deployed in more familiar contexts. The argument fails, because it is committed to a principle of equal concern, which implies that (...) a market in education is acceptable only if it is right to hold children disadvantaged by their parents' poor market choices substantively responsible for the fact. Since that claim is untenable, the market‐based argument for school choice not only fails, but also turns out to rely on principles which in fact condemn the very policy it was supposed to support. (shrink)

Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...) dem som drabbats? Dessa frågor måste besvaras för att man skall kunna ta ställning till krav på gottgörelse och rättvisa. Syftet med denna artikel är att identifiera och söka besvara en rad frågor som krav på gottgörande rättvisa efter kolonialismen ställer. Avslutningsvis diskuteras kraven från Mau-Mau-kämparna som var internerade i brittiska läger och hererofolkets krav på kompensation från Tyskland.Nyckelord: Gottgörande rättvisa, kompensation, kolonialism, herero, Mau-Mau, global rättvisa, historisk rättvisaEnglish summary: The Meaning of Historical Justice after ColonialismRecently, four Kikuyus and former Kenyan Mau-Mau fighters claimed compensation for castration, torture and rape committed in the British detention camps in the 1950s. Also recently, representatives of the Herero people went to Berlin to bring home skulls that Germans brought to Berlin after the genocide at the beginning of the Twentieth Century. The detentions and abuses of Kikuyu and the genocide of the Herero people are just two examples of offenses carried out by European nations during colonialism. Do these offenses have any reverberations today? Should we simply forget about the deeds that happened such a long time ago or do they raise any legal or moral questions?The concept of justice has two dimensions, distributional and rectificatory. This article focuses on the meaning and implication of rectificatory justice for historical wrongs. The simple idea that if A is harming B, A has to correct her act, i.e. the basic idea of rectificatory justice, presupposes a line of complicated assumptions when it is applied to specific historical incidences, for example colonialism.A model provides a basis for an explication of rectificatory justice. It is then applied to a discussion of rectification after colonialism. The questions of who can rightly claim rectification and who owes rectification, if there are temporal limitations to rectification and what rectification after colonialism would imply are discussed. The article ends with an explication of the meaning of rectificatory justice, an argumentation for why rectificatory justice is commendable and an assessment of the demands of the Mau-Mau-fighters and the Herero. (shrink)

The essay argues that individual ethical judgment is a necessary ingredient in an organisation’s ethical performance. Attempts to systematise judgment, removing it from individual responsibility are not successful, and sometimes can even be counterproductive. Focus on systems of accountability can actually detract from the production of ethical behaviour. A number of examples are provided. Although it is much more difficult to produce, individual responsible decision-making and individual judgment should be the features that an organisation focuses on in its interest to (...) promote ethical performance. Accountability systems are important; but they have very limited application toward production of an ethically excellent environment. The essay argues that there has been too much attention paid to accountability systems within organisations, and much too little paid toward the development and cultivation of individual ethical decision making and responsible behaviour. (shrink)

Suppose you can save only one of two groups of people from harm, with one person in one group, and five persons in the other group. Are you obligated to save the greater number? While common sense seems to say ‘yes’, the numbers skeptic says ‘no’. Numbers Skepticism has been partly motivated by the anti-consequentialist thought that the goods, harms and well-being of individual people do not aggregate in any morally significant way. However, even many non-consequentialists think that Numbers Skepticism (...) goes too far in rejecting the claim that you ought to save the greater number. Besides the prima facie implausibility of Numbers Skepticism, Michael Otsuka has developed an intriguing argument against this position. Otsuka argues that Numbers Skepticism, in conjunction with an independently plausible moral principle, leads to inconsistent choices regarding what ought to be done in certain circumstances. This inconsistency in turn provides us with a good reason to reject Numbers Skepticism. Kirsten Meyer offers a notable challenge to Otsuka’s argument. I argue that Meyer’s challenge can be met, and then offer my own reasons for rejecting Otsuka’s argument. In light of these criticisms, I then develop an improved, yet structurally similar argument to Otsuka’s argument. I argue for the slightly different conclusion that the view proposed by John Taurek that ‘the numbers don’t count’ leads to inconsistent choices, which in turn provides us with a good reason to reject Taurek’s position. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

In this paper, I first argue that waste is best understood as (a) any process wherein something useful becomes less useful and that produces less benefit than is lost—where benefit and usefulness are understood with reference to the same metric—or (b) the result of such a process. I next argue for the immorality of waste. My concluding suggestions are that (W1) if one person needs something for her preservation and a second person has it, is avoidably wasting it, and refuses (...) to allow the first to make some greater use of it, the second may be morally wrong and that (W2) if one person needs something for her preservation understood according to her metric and a second person has it, is avoidably wasting it according to his own metric, and refuses to allow the first to make some greater use of it, the second is morally wrong. (shrink)

The term “virtual reality” was first coined by Antonin Artaud to describe a value-adding characteristic of certain types of theatrical performances. The expression has more recently come to refer to a broad range of incipient digital technologies that many current philosophers regard as a serious threat to human autonomy and well-being. Their concerns, which are formulated most succinctly in “brain in a vat”-type thought experiments and in Robert Nozick's famous “experience machine” argument, reflect a fundamental misunderstanding of the way that (...) such technologies would probably have to work. They also considerably underestimate the positive contributions that virtual reality technologies could make to the growth of human knowledge. Here, we examine and critique Nozick's claim that no reasonable person would want to plug into his hypothetical experience machine in light of a broadly enactivist understanding of how future VR technologies might be expected to function. We then sketch out a tentative theory of the phenomenon of truth in fiction, in order to characterize some of the distinct epistemic opportunities that VR technologies promise to provide. (shrink)

Scenarios involving the introduction of artificially intelligent (AI) assistive technologies in health care practices raise several ethical issues. In this paper, I discuss four objections to introducing AI assistive technologies in health care practices as replacements of human care. I analyse them as demands for felt care, good care, private care, and real care. I argue that although these objections cannot stand as good reasons for a general and a priori rejection of AI assistive technologies as such or as replacements (...) of human care, they demand us to clarify what is at stake, to develop more comprehensive criteria for good care, and to rethink existing practices of care. In response to these challenges, I propose a (modified) capabilities approach to care and emphasize the inherent social dimension of care. I also discuss the demand for real care by introducing the ‘Care Experience Machine’ thought experiment. I conclude that if we set the standards of care too high when evaluating the introduction of AI assistive technologies in health care, we have to reject many of our existing, low-tech health care practices. (shrink)

This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting (...) the canonical property stories of John Locke and Pierre-Joseph Proudhon. We argue that the link between property and dependence provides a useful starting point for understanding issues of economic justice that share a common political problem: how do we choose to govern the relation between dependence and independence through the institution of property? (shrink)

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...) to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always 'inviolable trumps'. Secondly, they demand that we pay close attention to the 'fairness' of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species. (shrink)

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...) to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species. (shrink)

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

In considering philosophy of education now and in the future, this paper explores the issue from an Australasian perspective. While philosophy of education in this part of the world has strong international links there is an absence of indigenous influences. A number of philosophical strands have developed including naturalism and postmodernism which have informed thinking about education policy and practice. The institutional side of philosophy of education has witnessed both the promotion of philosophers to professorial positions and the slow decline (...) in numbers as departing staff are not replaced. How philosophy of education will fare in the future will depend on the survival of an academic community, the opportunity to teach papers in the subject to undergraduate and postgraduate students (and so replace ourselves) and convincing teachers and policy makers that philosophy of education makes an indispensable contribution to improving policy and the educational experiences of students. (shrink)

In June 2001, the American Medical Association (AMA) issued a revised and expanded version of the Principles of Medical Ethics (last published in 1980). In light of the new and more comprehensive document, the present essay is geared to consideration of a longstanding tension between physician's autonomy rights and societal obligations in the AMA Code. In particular, it will be argued that a duty to treat overrides AMA autonomy rights in social emergencies, even in cases that involve personal risk to (...) physicians (e.g., bioterrorist attack, HIV infection, SARS). The argument will be made by way of the logic and language of the AMA Code through its history, commentaries, and precedents. It also will be shown that there are substantial reasons to believe that the logic of the Code is sound in morally relevant ways. The essay will conclude with some philosophical proposals suggesting a framework for the duty to render aid and the extension of those duties to physicians facing personal risks. (shrink)

Appeals to intuitions as evidence in philosophy are challenged by experimental philosophers and other critics. A common response to experimental philosophical criticisms is to hold that only professional philosophers? intuitions count as evidence in philosophy. This ?expert intuitions defence? is inadequate for two reasons. First, recent studies indicate significant variability in professional philosophers? intuitions. Second, the academic literature on professional intuitions gives us reasons to doubt that professional philosophers develop truth-apt intuitions. The onus falls on those who mount the expert (...) intuitions defence to meet these objections because it is implicitly being claimed that training and practice caused professional philosophers to acquire reliably accurate intuitions and we are owed an account of how this transformation takes place. A possible response to this situation is to attempt to reform philosophical practice to improve the quality of intuitions. Another possible response, advocated here, is to avoid appeals to intuitions as evidence. (shrink)

Policy-makers must allocate scarce resources to support constituents’ health needs. This requires policy-makers to be able to evaluate health states and allocate resources according to some principle of allocation. The most prominent approach to evaluating health states is to appeal to the strength of people’s preferences to avoid occupying them, which we refer to as decision utility metrics. Another approach, experienced utility metrics, evaluates health states based on their hedonic quality. In this article, we argue that although decision utility metrics (...) face a number of significant problems, the appropriate response to these problems is not to replace them with experienced utility metrics. Rather, decision utility metrics should be employed in conjunction with experienced utility metrics. Specifically, respondents to decision utility surveys should be provided with the results of experienced utility metrics in an effort to make their decisions better informed and more robust to the deficiencies of decision utility metrics. Ultimately, this approach would improve quality-adjusted life year calculations and enhance the decision-making of policy-makers in allocating resources to support constituents’ health needs. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

The existence of the obligation to follow rules in sport is widely accepted, but there are only a few studies that provide accounts that justify it. Building upon Wolff's challenge to traditional political theories, this study proposes a theory that limits the level of normativity to which participants in sport contests are bound in an effort to maximize their autonomy. Instead of constructing a unitary theory of obligations to follow sport rules, a pluralistic account is offered, one that allows for (...) multiple sources of normativity, thus augmenting the freedom of communities to play games according to their values. (shrink)

In the sport ethics literature, the general attitude with regard to the influence of commercialization in sport is to draw attention to the ways it undermines sport and morally corrupts those involved in it. This paper attempts to provide a counternarrative to this literature, focusing on criticism of commodification of sport that revolves around the idea of fairness. A brief libertarian framework is presented and three characteristics of sport are outlined, which are shown to make sport a particularly well-suited context (...) for libertarian approaches. Unlike a good deal of human activities, engaging and disengaging from sport carries few internal barriers, a fact that creates the opportunity for participants to introduce alternatives to the established way of playing sport. In this case, if alternatives to certain means of playing sport can always be found, then no concrete instance in which sport is played can truly be considered as unfair as individuals always.. (shrink)

Locke rejected anarchism. Locke defended the universal necessity of political governments on the grounds that the state of nature will occasionally generate the inconveniences of war. The standard interpretation of Locke identifies three main causes of war in the state of nature: the lack of a common judge, moral disagreement over the law of nature, and self-love. In this paper, I argue that the combination of these three factors does not guarantee that war will occur in every plausible scenarios of (...) Locke’s state of nature. Instead, in order for war to occur at least sometimes in every plausible scenario of Locke’s state of nature, there has to be some sort of epistemic deficit. In this paper, I show via the tools of modern game theory, how Locke’s state of nature may occasionally generate war by two kinds of epistemic problems implied by Locke’s own epistemology: disagreements in subjective probabilities, and uncertainty in other people’s moral motivation to use force to enforce the law of nature. The fact that war occurs primarily because of such epistemic problems suggests a role for a very limited form of government; namely, the ultra-ultra-minimal state, whose role is confined to solving such epistemic problems. (shrink)

The Wage Setting Process In this paper I will defend a conception of fairness in labor markets. I will argue that we should take a procedural approach to the evaluation of fairness in markets. The procedural approach defended here goes beyond the traditional procedural view that requires only the absence of force and fraud. But it avoids the pitfalls of the other classical conception of fairness in the market: the idea of a just wage or just price. Fairness in markets (...) is analogous to fairness in the democratic process. I will start with a discussion and critique of Joseph Heath’s stimulating discussion of fairness in labor markets. Though I agree in part with his assessment of the just wage tradition, I will argue that there is room for thinking about fairness in markets. I will then lay out a conception of fairness that is based on the analogy with democracy. The procedural idea of equal power can be given an interpretation both in perfectly competitive markets and in imperfectly competitive markets. I will show how this approach has implications for conceiving of how firms ought to be organized and for defining a fair process of wage setting in the essentially highly imperfect conditions of the labor market. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

In the ethical debate on genetic modification, it is common to encounter the claim that some anti-GM argument would also apply an established, ethically accepted technology, and that the anti-GM argument is therefore unsuccessful. The paper discusses whether this argumentative strategy, the Similarity Argument, is sound. It presents a logically valid, generic form of the Similarity Argument and then shows that it is subject to three types of objection: It does not respect the difference between pro tanto reasons and all-things-considered (...) judgments; it relies on the unproblematic transferability of reasons from one case to another; and it runs the risk of equivocations, especially in cases where the anti-genetic-modification argument relies on gradable features. The paper then shows how these issues play out in three specific Similarity Arguments that can be found in the literature. Finally, the paper discusses what conclusions we can draw from the fact that genetic modification and established technologies are similar for the ethical status of genetic modification. (shrink)