One of the standard approaches to the metaphysics of personal identity has some counter-intuitive ethical consequences when combined with maximising consequentialism and a plausible doctrine about aggregation of consequences. This metaphysical doctrine is the so-called ‘multiple occupancy’ approach to puzzles about fission and fusion. It gives rise to a new version of the ‘utility monster’ problem, particularly difficult problems about infinite utility, and a new version of a Parfit-style ‘repugnant conclusion’. While the article focuses on maximising consequentialism for simplicity, the (...) problems demonstrated apply more widely to a range of ethical views, especially flavours of consequentialism. This article demonstrates how these problems arise, and discusses a number of options available in the light of these problems for a consequentialist tempted by a multiple occupancy metaphysics. (shrink)

Since the advent of a post-structuralist ethos, the assertion of a notion of truth, conceived as an infallible point d’appui from which a given social order could be evaluated as ideological or non-ideological, seems no longer possible. As Rorty has pointed out ‘[we can now] see ourselves as never encountering reality except under a chosen description as…making worlds rather than finding them’. However, we could still legitimately ask whether or not an inevitable condition of the ‘post-modern world’, that is, a (...) world deprived of a manifest intrinsic meaning, is the renouncement of the assumption of a certain notion of an objective truth for a critique of ideology. I will suggest in this essay that a way to respond to this question is by revisiting Habermas's theory of communicative action, viewed through the lens of the theory of ideology formulated by Slavok Žižek. Furthermore, the main thesis of this work is that by using the notion of the Real or ‘primordial repressed’ taken from a Žižekian reading of Lacan, it would allow the production of a critique of ideology in which the truth — the unmasking of the extra-ideological place — becomes possible as a hypothetical objective category. (shrink)

We have found that a sparse version of the claim that alienated labor is a bad thing can inform a political morality without turning that morality into one which makes more comment on people's ends than the liberal can accept. We have also seen that a modification of the ideas of alienation from our species being can play a limited role in a liberal political morality, but that the rational kernel of the critique from species alienation is already a familiar (...) part of the liberal tradition. However, the substantive view of the good life - as one which essentially involves engagement in communal ties and satisfying labor - cannot play the role which certainly many Marxists would like it to play in their critique of capitalism, at least if their critique is to be recognizably liberal. Why should it matter so much that Marxists be able to accommodate central liberal insights? It is not because a political morality has to be liberal in order to be successful in the real world: history and the contemporary world are full of examples of political views which command wide assent despite (or because of) their illiberality. But the foreseeable stages of a socialist society will be plagued by the circumstances of justice as they have been classically conceived. A socialism which is sufficiently better than capitalism to be worth the significant risk and sacrifice it is likely to require must be liberal in the sense that it can be regarded as defensible to each person who is actually subject to it. This does not require that it accommodate the greed of the greedy or the injustice of the unjust. But it does require that it not presume the unworthiness of the moral commitments of its reasonable citizens. 47. (shrink)

Can desert be the foundation of justice? Recent attempts to redefine distributive justice in the light of the notions of desert and merit depend largely upon how much independent moral force can be attributed to these notions. This is why a number of theorists, following in Joel Feinberg’s wake, assume desert to be a natural feature, independently of the institutions that may reward it, and of the socio-political background against which it stands out. This article criticizes such a view, trying (...) to establish that desert cannot exist but ‘in the eyes’ of some person or group who already possesses some system of values. Thus, the concept lacks the moral force for defining the rightness of a society. In the last section, David Miller’s thesis that there is one specific, right pattern for rewarding desert will be examined. (shrink)

There is considerable appeal to the Aristotelian idea that taking pleasure in an activity is sometimes simply a matter of attending to it in such a way as to render it wholehearted. However, the proponents of this idea have not made adequately clear what kind of attention it is that can perform the surprising feat of transforming otherwise indifferent activities into pleasurable ones. I build upon Gilbert Ryle's suggestion that taking pleasure in an activity is tantamount to engaging in the (...) activity while fervently desiring to do it and it alone. More specifically, I draw upon insights into the sort of evaluative attention involved in having a desire to generate corollary insights into the sort of attention that makes activity pleasurable. My aim is to offer a compelling account of a certain class of pleasures, and to shed light on their relation to reasons. I argue that prospective pleasures in this class are not always reasons for action, and that even when they are reasons they have this status only derivatively, as vivid apprehensions of an independent realm of values. This does not mean that such pleasures are never good. They are good provided that they track real values, for then they constitute a proper savoring of one's activities and/or circumstances, and provide a valuable respite from the distractions and unwarranted doubts that so often leave us at odds with ourselves and alienated from our own doings. (shrink)

One source of tension within and between modern nation states derives from conflict between individual and cultural rights. Modern democracies have been built on ideas of individual liberty whose extensions to the rights of culturally distinctive groups to survival and acceptance can create normative and political conflict. Such tensions raise questions about the role of the state, the underlying theory legitimising liberal states, and the social aims of education. Philosophical aspects of such conflicts are explored in Kevin McDonough and Walter (...) Feinberg’s excellent volume, Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. The philosophical issues hinge on how individuals and groups are conceived, as well as how liberty and loyalty are understood. Most of the essays address these concepts in pragmatic rather than essentialist ways, suggesting that how these issues are conceived is itself an important part of the problem, or its resolution. I conclude by suggesting that all of these doctrines are faiths, the problem being to create conditions so that they, or their elements, can be accepted or rejected reasonably in the light of their social consequences. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

The notion of a spontaneous social order, an order in human affairs which operates without the intervention of any directly ordering mind, has a natural fascination for social and political theorists. This paper provides a taxonomy under which there are two broadly contrasting sorts of spontaneous social order. One is the familiar invisible hand; the other is an arrangement that we describe as the intangible hand. The paper is designed to serve two main purposes. First, to provide a pure account (...) of the invisible hand, with some indication of the varieties of invisible hand (and, indeed, backhand) available. Second, to develop and motivate the unfamiliar conception of the intangible backhand. We believe that a recognition of the availability of this latter sort of spontaneous organising mechanism — and the mechanism is implicitly recognised in many traditions — is of great importance in political theory; it is of particular importance nowadays when the usual focus is entirely on the invisible hand. (shrink)

This article explores the development of professional training for youth leaders (now, youth workers) in England and Wales between 1939 and 1945. The article identifies the state's construction of young people as a problematic social category at a time of national crisis and its mobilization of youth leadership as part of the war effort. The Board of Education supported, sometimes tacitly, the development of courses in some universities and voluntary organizations for youth leaders. By 1942 full-time courses of training existed (...) at five universities and university colleges and one voluntary organization and were recognized by the Board under Circular 1598. This article explores tensions between the discourse of voluntarism, in which youth leadership had traditionally been set, and the newly developing discourse of professionalism. The article suggests that these discourses are fundamentally ethical and tensions lay in contested definitions of the ?good youth leader?. Little consensus existed on what counted as the good leader, animating a conflict between voluntarism and state provision. The article concludes by drawing distinctions and continuities between the war years and the present day. (shrink)

The traditional exposition of Kantian ethical theory in the business ethics literature is abstract, esoteric, and impractical compared to the more usable presentations of utilitarianism. This situation can be improved by identifying and describing the conceptual dimensions of formalistic ethical reasoning, as contained in the interplay between case and principle, with examples from the business/society literature.

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

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

From Gillian Brock’s vigorous probing of my treatment of meeting needs in my book of that title I have learned a good deal; and from the article published in Dialogue, which concerns in particular the connection that I made between justice and needs, I have certainly learned how my arguments for that connection might have been expressed more cogently. Yet I think that the arguments I intended, and even the arguments I expressed, escape her criticisms. She quotes a number of (...) leading assertions drawn one by one from my text, but consolidates into one argument what are best regarded as three different, though connected, arguments, to the disadvantage of their respective strengths. She also disregards, to their disadvantage, the distinction between “respect for a person M’s position”—my phrasing, meaning M’s position under some assignment of benefits and burdens—and “respect for a person M”—a notion that does not come into the three arguments. (shrink)

Sometimes people desire that their lives go badly, take pleasure in their lives going badly, or believe that their lives are going badly. As a result, some popular theories of welfare are paradoxical. I show that no attempt to defend those theories from the paradox fully succeeds.

Although genocide—a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves—remains a sickeningly frequent phenomenon in the twenty‐first century, it is not an immutable aspect of the human condition. Genocide is a choice, and the civilized world must choose its demise. The unique experience of American Indians—a group subjected to genocide in the process of the creation and expansion of the United States—presents a (...) logical heuristic through which to assess more broadly the requirements of redress for historical episodes of genocide and, even more important, the means to prevent its recurrence. (shrink)

We consider two reasons why firms should be owned and run democratically by their workers. The first concerns accountability : Because the employment relationship involves the exercise of power, its governance should on democratic grounds be accountable to those most directly affected. The second concerns efficiency : The democratic firm uses a lower level of inputs per unit of output than the analogous capitalist firm.

Policies that shift the costs of higher education from the taxpayer to the university student or graduate are increasingly popular, yet they have not been subjected to a thorough normative analysis. This paper provides a critical survey of the standard arguments that have been used in the public debate on higher education funding. These arguments are found to be wanting. In their place, the paper offers a more systematic approach for dealing with the normative issues raised by the funding of (...) higher education. This approach is drawn from the political theory of John Rawls, whose view seeks to reconcile the values of equality, efficiency, and liberty. I show that, contrary to what we may think at first, an egalitarian approach like Rawls’ does not in principle rule out policies that shift the funding burden from taxpayers to students or graduates. Which funding policy that approach selects as most fair will instead depend on the likely impact on the lifetime income prospects of the worst-off group in society, and this is a question which will need to be settled by empirical evidence. (shrink)

How, exactly, must we strike the balance between security and equality? Must we insist, out of respect for the equality of persons, that the police refrain from using ethnic profiling and opt for some other strategy in their pursuit of terrorists, or must we allow the police to continue with this policy, which seems to sacrifice equality for the sake of security? This paper assesses the ethical status of ethnic profiling from the perspective of the ideal of equality. The paper (...) shows how the ethical status of ethnic profiling changes depending on how exactly we specify the egalitarian ideal. Furthermore, it argues that on a plausible interpretation of the ideal of equality, ethnic profiling is not in principle objectionable. (shrink)

Many people hold this truth to be self-evident that universities should enroll more female students in science and engineering; the main question then being how. Typical arguments include possible benefits to women, possible benefits to the economy, and the unfairness of the current female under-representation. However, when clearly stated and scrutinized these arguments in fact lead to the conclusion that there should be more women in scientific disciplines in higher education in the sense that we should expect more women (which (...) various kinds of discrimination may prevent), not that we should actively enroll more women. Outreach programs towards high school students may therefore be logically incompatible with the arguments supposed to justify them. They should purport to allow women to graduate in a field congruent with her abilities and desires, rather than try to draw as many of them to scientific disciplines as possible: one cannot try to ‘recruit’ as many female students as possible while claiming to help them choose more freely. (shrink)

Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground the constraint on (...) property use that Mack, Feser, and Russell think that it can. (shrink)

Central figures of American mainstream philosophy have at crucial points in their work been concerned with the concreteness of actual reality, but have in various ways been deflected to primarily technical issues of philosophical analysis. It is possible, however, to see in these concerns a line of inquiry that leads to an examination of what is characteristic of actual reality today and of what is troubling and what is hopeful in it. Technology is a helpful term for the character of (...) contemporary reality, commodification for what is questionable and moments of completeness for what is promising in it. (shrink)

Robots are becoming an increasingly pervasive feature of our personal lives. As a result, there is growing importance placed on examining what constitutes appropriate behavior when they interact with human beings. In this paper, we discuss whether companion robots should be permitted to “nudge” their human users in the direction of being “more ethical”. More specifically, we use Rawlsian principles of justice to illustrate how robots might nurture “socially just” tendencies in their human counterparts. Designing technological artifacts in such a (...) way to influence human behavior is already well-established but merely because the practice is commonplace does not necessarily resolve the ethical issues associated with its implementation. (shrink)

Reasons-responsive accounts of praiseworthiness say, roughly, that an agent is praiseworthy for an action just in case the reasons that explain why they acted are also the reasons that explain why the action is right. In this paper, we argue that reasons-responsive accounts imply that some actions of non-human animals are praiseworthy. Trying to exclude non-human animals, we argue, risks neglecting cases of inadvertent virtue in human action and undermining the anti-intellectualist commitments that are typically associated with reasons-responsive accounts. Of (...) course, this could be taken as a reason to reject reasons-responsive accounts, rather than as a reason to attribute praiseworthiness to non-human animal action. We respond to two reasons that one might resist the implication that non-human animal action can be praiseworthy. The first appeals to intuition: it’s too counterintuitive to attribute praiseworthiness to non-human animal action. In response, we argue that once the factors that determine an action’s praiseworthiness are disambiguated from the factors that determine whether an agent should be praised, the intuitive objection loses much of its force. The second appeals to empirical evidence: attributing praiseworthiness to non-human animal action involves a problematic kind of anthropomorphizing. First, we point out that this objection is mostly an _a priori_ objection in _a posteriori_ clothes: whether we give anthropomorphic vs. anthropectic explanations is a methodological choice, not an empirical one. Second, we argue that considerations from the literature on rational analysis and radical interpretation actually support anthropomorphic explanations over anthropectic explanations. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

Is a policy of economic growth compatible with the neutrality of the State? Some liberals (Rawls, Dworkin, Ackerman, Larmore, Kymlicka) think so. I do not. I begin by explaining and discussing the different meanings of the neutrality thesis, then I show that, whatever meaning we give to the idea of neutrality, it is very difficult to argue convincingly that a policy of economic growth does not favour some conceptions of the good.

Do markets generate a “just” wage? The answer to this question will depend upon the particular theory of the market that the political economist employs. When comparing actual labor markets with the neoclassical theory of competitive equilibrium as its normative benchmark, Joseph Heath argues that factor pricing is orthogonal to normative issues such as distributive justice. We argue that Heath’s conclusion, though not invalid, follows from a similar normative benchmark of equilibrium, one that evaluates factor pricing without taking into account (...) the institutional conditions within which factor prices emerge. Though indeed classical political economists and early neoclassical economists failed to deliver an explicit theory of distributive justice, what Heath overlooks is that implicit to their understanding of the market process was an institutional theory of distributive justice. (shrink)

The debate over gun control has taken place in complete isolation from geographical considerations. It focuses on, for the most part, whether legalization would bring about more or fewer accidental deaths, and murders of innocents, than prohibition, and in the USA on the precise meaning of the second amendment to the Constitution. However, these deliberations, argue the authors of the present paper, can be enriched by incorporating into them a spatial context. When this is done, and they are combined with (...) the property rights philosophy of libertarianism, some very different conclusions are drawn. (shrink)

Some claim that a commitment to egalitarianism is in tension with support for reparations for historical injustice. This tension appears to arise insofar as egalitarianism is a forward-looking approach to justice: an approach that tells us what kind of world we should aim to build, where that world is not defined in terms of the decisions or actions of previous generations. Some have claimed that egalitarianism thereby renders reparations redundant. One popular option for egalitarians who aim to reject this thesis (...) is to insist that historical injustices demand reparations when they have caused present-day inequality. A promising alternative, skilfully defended by Alasia Nuti in Injustice and the Reproduction of History, is to argue that historical injustices stand in need of repair when they are reproduced into the present-day, such that some past and present injustices are in fact the same injustice. In this paper, I assess these egalitarian responses to the redundancy thesis. I find that Nuti’s account is equipped to reject this thesis, but that the same lines of reply can be adopted by proponents of the causal approach. I suggest that both approaches therefore be viewed as potential ways to conceptualise the relationship between historical injustice and our present normative circumstances; and that in choosing between them, we should understand ourselves to be engaged in an ameliorative project – a project that is guided by, and designed to help us to achieve, our legitimate purposes. (shrink)

This paper argues the case for the legalization of addictive drugs such as marijuana, cocaine, and heroin. It maintains that there are no market failures which could justify a banning of these substances, and that, as in the earlier historical case of prohibition of alcohol, our present drug policy has increased crime, decreased respect for legitimate law, and created great social upheaval.

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

There are not one but rather two schools of thought on the environment, and its challenges. For want of better nomenclature, I shall characterize them as the watermelons and the free market environ...

Wollen (2022) is a critique of deontological libertarianism, the version of this philosophy predicated upon private property rights and the non-aggression principle. The launching pad for this article of his is the difficulty faced by conjoined twins, who diverge sharply in their view of their desirable future. The present rejoinder maintains that this author’s critique fails; further, that it really has little or nothing to do with conjoined twins per se, but, rather, aims at an entirely different challenge, that of (...) the tie or the dead heat. This latter is a critique that all political economic philosophies face, without exception, and libertarianism does no worse on this challenge than any other, the critique of Wollen to the contrary notwithstanding. (shrink)

Rent control is an economic abomination. It diverts investments away from residential rent units, it leads to their deterioration, it is responsible for urban decay such as in the South Bronx, it does not help poor tenants, it is a horrendous means of income redistribution. Yet this economic regulation is beloved of intellectuals (hot beds of pro rent control sentiment are Berkeley, Ann Arbor and Cambridge) particularly in the legal and philosophical communities. The present article is dedicated to an exploration (...) and rejection of the arguments in behalf of rent control which emanate from this source. (shrink)

The paper's thesis is that dialogue is not an adequate model for all types of argument. The position of Walton is taken as the contrary view. The paper provides a set of descriptions of dialogues in which arguments feature in the order of the increasing complexity of the argument presentation at each turn of the dialogue, and argues that when arguments of great complexity are traded, the exchanges between arguers are turns of a dialogue only in an extended or metaphorical (...) sense. It argues that many of the properties of engaged back-and-forth exchanges of paradigmatic argument dialogues are not found in ‘solo’ arguments, and that at least some of the norms appropriate to the former type of argument, such as some of the pragma-dialectical rules of van Eemeren and Grootendorst's model, do not apply to the latter. (shrink)

We commonly identify something seriously defective in a human life that is lived in ignorance of important but unpalatable truths. At the same time, some degree of misapprehension of reality may be necessary for individual health and success. Morally speaking, it is unclear just how insistent we should be about seeking the truth. Robert Sparrow has considered such issues in discussing the manufacture and marketing of robot ‘pets’, such as Sony’s doglike ‘AIBO’ toy and whatever more advanced devices may supersede (...) it. Though it is not his only concern, Sparrow particularly criticizes such robot pets for their illusory appearance of being living things. He fears that some individuals will subconsciously buy into the illusion, and come to sentimentalize interactions that fail to constitute genuine relationships. In replying to Sparrow, I emphasize that this would be continuous with much of the minor sentimentality that we already indulge in from day to day. Although a disposition to seek the truth is morally virtuous, the virtue concerned must allow for at least some categories of exceptions. Despite Sparrow’s concerns about robot pets (and robotics more generally), we should be lenient about familiar, relatively benign, kinds of self-indulgence in forming beliefs about reality. Sentimentality about robot pets seems to fall within these categories. Such limited self-indulgence can co-exist with ordinary honesty and commitment to truth. (shrink)

This paper assesses employees’ moral agency within corporate capitalism from a politically liberal standpoint. While political liberalism has spelt out its key institutional implications at state level, it has neglected moral agency at work, assuming that a rights-based state that secures freedom of contract, free choice of occupation and a free labour market within a fair context would protect it sufficiently. Yet two features of corporate capitalism constrain employees’ moral agency: the relation of authority that forms part of the work (...) contract and organisations’ fragmented decision-making processes. Both seem at odds with the liberal ideal of allowing people to live by their own conception of the good. Consequently, this paper examines whether political liberalism should recommend greater safeguards for protecting workers’ moral agency. It proposes a criterion for assessing corporate capitalism: the ‘moral space’ defined as the socially shaped opportunities for action that can be enacted or endorsed from a comprehensive perspective. It argues that liberals should favour arrangements that widen workers’ moral space and suggests institutional designs that may achieve this while remaining within liberal boundaries. (shrink)

Ethical theories and theories of the person constrain each other, in that a proposition about the person may be a reason for or against an ethical proposition, and conversely. An important class of such propositions about the person concern the boundaries of the person. These boundaries enclose a person 's defining properties, which constitute his identity. A person 's identity may partly determine and partly be determined by his ethical judgments. An equilibrium between one's identity and one's ethical judgments is (...) the counterpart, at the personal level, of the philosophical ideal of reflective equilibrium between a theory of the person and an ethical theory. (shrink)

Drawing on a social construction theory of ownership in biological material this paper discusses which differences in biological material might motivate differences in treatment and ownership rights. The analysis covers both the perspective of the person from whom the material originates and that of the potential recipient. Seven components of bundles of rights, drawing on the analytical tradition of Tony Honoré, and their relationship to various types of biological material are investigated. To exemplify these categories the cases of a heart, (...) a kidney, stem cells and hair are used. (shrink)