Amartya Sen has developed the so-called capability approach to meet the criticism that income alone may be insufficient as a measure of economic inequality. This is because knowledge about people’s income does not tell us what they are able to acquire with that income. For example, people with the same income may not have the same access to health and transportation services, schools and opportunities in the labor market. Recently, there has been growing interest in empirical studies based on the (...) capability approach. Most of these, however, are only loosely related to quantitative behavioral theory, at least in a concrete and empirically operational way. The purpose of this paper is to demonstrate that the theory of random scale models offers a powerful theoretical and empirical framework for representing and accounting for key aspects of Sen’s theory. (shrink)

In From Rationality to Equality, James Sterba argues that the non-moral, and non-controversial, principle of logic, the principle that good arguments do not beg-the-question, provides a rationally conclusive response to egoism. He calls this “the principle of non-question-beggingness” and it is supposed to justify a conception of “Morality as Compromise.” Sterba’s basic idea is that principles of morality provide a non-question-begging compromise between self-interested reasons and other-regarding reasons. I will focus, first, on Sterba’s rejection of the alternative Kantian rationalist justification (...) of morality, and second, I discuss the logical principle of non-question-beggingness and I argue that Sterba is wrong to assume that there is a formal, logical requirement that a rational egoist must provide a non-question-begging defense of egoism. I argue that, like the Kantian, Sterba needs a more substantial conception of practical reason to derive his conclusion. My third focus is the problem of reasonable pluralism and public reason . The Rawlsian principle of public reason is analogous to Sterba’s principle of non-question-beggingness. Sterba recognizes that public policies should respect competing perspectives and that a public conception of justice must be justifiable to all reasonable people. The problem is that that reasonable people disagree about fundamental moral questions. Rawls calls this the fact of reasonable pluralism. I argue that an intercultural conception of justice is necessary to provide a response to reasonable pluralism and a shared basis for public reason. (shrink)

The American Journal of Bioethics, Volume 12, Issue 6, Page 46-47, June 2012.

The American Journal of Bioethics, Volume 11, Issue 7, Page 47-49, July 2011.

I argue for the existence of a ‘ratcheting-up effect’: the behavior of moral saints serves to increase the level of moral obligation the rest of us face. What we are morally obligated to do is constrained by what it would be reasonable for us to believe we are morally obligated to do. Moral saints provide us with a special kind of evidence that bears on what we can reasonably believe about our obligations. They do this by modeling the level of (...) sacrifice a person can realistically bear. Exposure to moral saints thus ‘ratchets-up’ our obligations by combating a type of ignorance that would otherwise defeat those obligations. (shrink)

The American Journal of Bioethics, Volume 11, Issue 7, Page 57-59, July 2011.

This article provides a critical analysis of the manner in which prostitution and trafficking for the purposes of sexual exploitation was ‘framed’ by official discourses in order to support the reforms in England and Wales contained within the Policing and Crime Act 2009. Drawing upon the recent work of Judith Butler, emphasis will be placed on how the schema of the vulnerable prostitute was fundamental to invoking emotional affects, which justified certain political effects, especially the move towards criminalising the purchase (...) of sexual services. However, on closer analysis the article will uncover an agenda influenced by law and order/morality, immigration and a ‘fear of the enemy’. Furthermore, it will be argued that New Labour’s framing of the problematic enabled the State to avoid dealing with the more difficult, but more urgent, issues of the differential distribution of wealth, precarity and the engendering of an ethical and global responsibility for the other. (shrink)

The Policing and Crime Act 2009 introduced radical reforms relating to the regulation of sex work. In particular, section 14 criminalised paying for sexual services of a prostitute subjected to force. This article will provide a close and critical reading of the official texts relating to this new offence through a discourse theory developed from the work of Judith Butler. Drawing upon Butler’s insights, it will be argued that the official texts relating to section 14 problematically construct the subject of (...) prostitution in a way which maintains and perpetuates certain partial and idealised identities. However, it will be argued that the law will inevitably fail and that more inclusive and productive measures need to be adopted in order to deal effectively with prostitution. (shrink)

A common feature of scientific and ethical debates is that clones are generally described and understood as “copies” or, more specifically defined, as “genetic copies.” The attempt of this paper is to question this widespread definition. It first argues that the terminology of “clone as copy” can only be understood as a metaphor, and therefore, a clone is not a “genetic copy” in a strict literal sense, but in a figurative one. Second, the copy metaphor has a normative component that (...) is problematic in the context of descriptive science and may support or indicate the ethically relevant phenomenon of objectification of animals. In order to support the argument against the common conception of a clone as a copy, the biotechnological principles of somatic cell nuclear transfer cloning will be examined. On this basis, it will be shown that the metaphor is valid because of similarities between the phenotype, the genotype, or the nuclear DNA sequence of the clone and its progenitor by using three prominent levels of comparison. Focusing on the process of SCNT, it will be shown that cloning as copying or doubling has to be redefined for scientific purposes because it is neither necessary nor does it fit to the biotechnological principles of cloning. It is more accurate to understand SCNT cloning as a process of splitting rather than of doubling or copying. In the second part, a deconstructivist analysis based on Jacques Derrida’s description in Positions will reveal the normative potential of the original–copy dichotomy. I will be showing that it includes an asymmetrical power structure between the original and the copy and that this structure can be reversed or at least considered unstable. Therefore, arguments that build on that metaphor must be reconsidered. Moreover, the analysis reveals that applying a terminology to humans and animals that is commonly used for things becomes the language of objectification. Two selected examples, fungibility and violability, based on Martha Nussbaum’s notion of objectification will support the thesis of objectification, display its normative consequences, and put the clone as a copy metaphor in a broader range of ethically questionable research tendencies. (shrink)

Interviews, field observations and other qualitative methods are being increasingly used to inform the construction of arguments in normative political theory. This article works to demonstrate the strong salience of some kinds of qualitative material for cosmopolitan arguments to extend distributive boundaries. The incorporation of interviews and related qualitative material can make the moral claims of excluded others more vivid and possibly more difficult to dismiss by advocates of strong priority to compatriots in distributions. Further, it may help to promote (...) the kind of perspective taking that has been associated with actually motivating a willingness to provide aid by individuals. Illustrative findings are presented from field work conducted for a normative project on global citizenship, including interviews with unauthorized immigrants and the analysis of artefacts left behind on heavily used migrant trails. (shrink)

A defining feature of retributive conceptions of karma is their regarding of suffering or misfortune as consequent upon sins committed in previous lives. Some critical non-believers in karma take offence at this view, considering it to involve unjustly blaming the victim. Defenders of the view demur, and argue that a belief in retributive karma in fact provides a motivation for benevolent action. This article elucidates the debate, showing that its depth is such that it is best characterized as a disagreement (...) in form of life (in Wittgenstein’s sense) rather than as a disagreement in opinions. Also briefly discussed is an example of a non-retributive form that belief in karma and reincarnation can take. (shrink)

The current debate on why colonialism is wrong overlooks what is arguably the most discernible aspect of this particular historical injustice: its exreme violence. Through a critical analysis of the recent contributions by Lea Ypi, Margaret Moore and Laura Valentini, this article argues that the violence inflicted on the victims and survivors of colonialism reveals far more about the nature of this historical injustice than generally assumed. It is the arbitrary nature of the power relations between colonizers and the colonized (...) which is at the heart of the injustice of colonization, and violence was the way arbitrariness and domination was cemented. The example of colonialism in the Caribbean during the 16th and 17th centuries is used to expose the full extent of this historical injustice. (shrink)

A recurrent challenge in applied ethics concerns the development of principles that are both suitably general to cover various cases and sufficiently exact to guide behavior in particular instances. In business ethics, two central approaches—stockholder and stakeholder—often fail by one or the other requirement. The author argues that the failure is precipitated by their reliance upon “universal” theory, which views the justification of principles as both independent of their context of application and universally appropriate to all contexts. The author develops (...) a contextual interpretation of “constructivism” as an alternative approach, and argues that this alternative meets the above challenge. (shrink)

All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...) the mind), although it may prescribe external actions that lead to an end without the subject making it his end. (shrink)

The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, (...) positing ‘capabilities’ as the appropriate metric of distributive justice need not commit capability theorists to a comprehensive account of well-being, and so not to the athletic conception Cohen ascribes to them. Their aim can, instead, be to delineate legitimate government action and guide egalitarian public policy. Capabilities, in this context, are not just components of individual well-being; they must also be the appropriate goal of just distributive policies. When understood in this way, as a guide to policy, I will argue that the capability approach’s focus on ‘athletic’ individual freedom and control is justified: in the public domain, it is important not just that individuals receive ‘benefits’, but that they participate in their achievement. (shrink)

This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...) role: capability is a step in his argument against alternative materials, but is not meant as a definitive end. Sen defends a critical perspective primarily to encourage public reasoning and respect for agency as regards the definition of what should count in the evaluation of social states. (shrink)

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...) the “structural pluralist account” of human rights. (shrink)

Western culture has a few traditions of representing the human body – among them mortuary art (gisants), the freak show, the culture of the relics, renaissance art and pre-modern and modern anatomy. A historical analysis in the spirit of Norbert Elias is offered with regard to body – person relationship in anatomy. Modern anatomy is characterized by separating the story of the person from the story of the body, a strategy that is incompatible with the bio-psycho-social paradigm of clinical medicine. (...) The paper discusses different aspects of the above traditions and how they might bear on this conflict and on contemporary bioethics and bedside practice. (shrink)

This paper presents an account of liberal feminism as a capacious family of doctrines. The account is capacious in the sense that it sweeps in a wide variety of doctrines, including some thought to be challenges to liberal feminism, and allows us to refer to doctrines with more than one label—so we can identify, for example, care-ethical liberal feminism, socially conservative liberal feminism, and liberal socialist feminism. The capacious account also provides a conceptual framework to allow us to think with (...) greater clarity about the scope of liberal feminist claims to justice, and about how that justice is to be secured and sustained. Since there is such variety within the liberal feminist family of doctrines, it makes little sense to criticize or defend liberal feminism simpliciter. The capacious account both requires and makes it possible for us to eschew such talk and focus instead on the particular doctrines we have in mind. (shrink)

This article argues for a realist conception of human needs. By ‘realist’ we mean that certain fundamental needs are categorically distinct from consumer wants, holding independently of people's subjective beliefs as objective life requirements. These basic needs, we contend, are baseline measures of social justice in the sense that no society that does not prioritise their satisfaction can be legitimate. The paper concludes with a comprehensive response to seven core objections to our position.

Feminist philosophers and philosophers drawing on the German tradition of social philosophy have recently converged in stressing the importance of the concept of reification?first explicitly discussed by György Lukács?for the diagnosis of contemporary social and ethical problems. However, importing a theoretical framework alien to Lukács? original discussion has often led to the conflation of reification with other social and ethical problems. Here it is argued that a coherent conception of reification, free of implausible Marxist and idealist trappings, can be recovered (...) from Lukács? original discussion of it: the socially induced distortion of experience such that what is in fact human action appears as mere natural happening. This phenomenon is to be distinguished from, firstly, instrumentalising objectification of persons and, secondly, person-identification failure, with which Martha Nussbaum and Axel Honneth respectively have equated reification in recent work. Reification, on the understanding of it recovered here, is problematic not just because it is an illusion, but also because it can render moral reasons for action or omission, and grounds of ethical evaluation, invisible to agents, and, moreover, because it can lead people to tolerate as inevitable undesirable situations which could in fact be changed. It can thus ground social criticism. (shrink)

ABSTRACTMost authors who discuss the normative impact of sacrifices do so with regards to the impact that a sacrifice can have on the practical reasons of the agent who makes it. A different and underappreciated phenomenon of sacrifices is their other-regarding normative impact: the sacrifice of person A can have an impact on the practical reasons of person B, either by generating practical reasons for B to act in certain ways or by intensifying existing reasons of B for specific courses (...) of action. This paper asks when and why sacrifices have such other-regarding normative impact and argues that sacrifices can have other-regarding normative impact because sacrifices can be intrinsically good. The intrinsic value of sacrifices is explained by the recursive account of value: sacrifices are intrinsically good if and because they are appropriate responses to intrinsic values, and appropriate responses to intrinsic values are themselves intrinsically good. Furthermore, sacrifices are difficult to make, and successful pursuit in difficult activities can also be intrinsically good. (shrink)

This article makes a distinction between two kinds of feminist philosophy. One looks ‘up’ to the realm of philosophy and aims to intervene in this realm in order to make it feminist. The other looks ‘down’ to the world of human experience and aims to make it feminist. This article argues that feminist philosophers’ efforts are better spent on the second kind of feminist philosophy. Feminist philosophy can better achieve its aims by applying philosophy to the critical analysis of women's (...) lives and gender norms, rather than by attempting to change the discipline of philosophy itself. (shrink)

This article is a response to Ole Martin Skilleås's "Knowledge and Imagination in Fiction and Biography." The first section of the article summarizes the line of the argument in four theses: (1) What is real is more influential than what is made up; (2) there is no metaphysical chasm between autobiographers and us; (3) (auto)biographies are not just empirical; and (4) the moral lesson of a fiction need not be accepted. In the second section each of these theses is criticized. (...) This criticism leads to the conclusion that we should welcome (auto)biographical texts in our moral investigations, but not at the cost of fictional texts. This conclusion is coupled with a proposal to formulate criteria to distinguish texts that matter from those that do not. (shrink)

The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires (...) to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy. (shrink)

We critically analyze four images of female Paralympians posing nude in ESPN The Magazine’s Body Issue from the years 2009, 2010, 2012, and 2014. Past literature shows that media portrayals of female Paralympians emphasize esthetically pleasing bodies, able-bodied images and asexualization. Weaving’s continuum of sexual objectification was applied to assess the varying degrees of sexual objectification showcased within each image. From a feminist perspective, discourses of heteronormativity and ableism were applied to outline the concerns with female Paralympic representation in The (...) Body Issue. We argue that by normalizing disability and sexual objectification, woman athletes are trivialized. (shrink)

In this essay a selection of images of women Olympians who have opted to pose nude in calendars, in Playboy magazine and in mainstream men's magazines is critically analysed. It is argued that when women athletes pose nude, their talent and incredible skill are trivialised because they are sexually objectified. Based on Nussbaum's theory of objectification, a continuum is developed to analyse the said images. The analysis highlights theories of sexualisation, heteronormative culture, and homophobia which are entangled within the apparent (...) justifications for posing nude. These are rejected in favour of the objectification critique. (shrink)

The year 2014 marked the 50th Anniversary of Sports Illustrated Swimsuit Issue. I argue that SISI is problematic for the continued struggle of women in sport given the nature and the extent of sexual objectification. The SISI has evolved over the years from a bathing suit fashion spread to a contemporary multimedia colossal. For example, to help celebrate the 50th anniversary, SISI teamed up with Mattel and featured Sports Illustrated Swimsuit Barbie in the February 2014 issue, and a special collector’s (...) item Barbie doll was produced and sold exclusively at Target. Sport is a celebration of human variety, yet Sports Illustrated rarely includes female athletes on their covers, and instead pushes a product that celebrates heterosexuality and sexual objectification of females. (shrink)

The Ultimate Fighting Championship broadcasts Mixed Martial Arts fights in over 149 countries to nearly a billion households worldwide. In 2013, the UFC signed the first ever female fighter Ronda ‘Rowdy’ Rousey. In this essay, I argue that women’s participation in the UFC challenges traditional stereotypes of female physical passivity and Iris Marion Young’s claims about feminine spatiality. However, at the same time, UFC culture emphasizes traditional sexist views of femininity and submissiveness. In order to analyze how gender is constructed (...) in the UFC, theories on women’s lived body experiences through participation in MMA are explored. Brian Pronger’s homosocial and homophobia framework is also applied to the phallocentric discourse that is part of the UFC. (shrink)

Challenging a long-standing assumption of the separation of ethical from poetic activity, this essay develops the basis for a theory of moral life as inherently and radically creative. A range of contemporary post-Kantian ethicists--including Ricoeur, Nussbaum, Kearney, and Gutiérrez--are employed to make the argument that moral practice requires a fundamental capability for creative transformation, imagination, and social renewal. In addition, this poetic moral capability can finally be understood only from the primordial religious point of view of the mystery of Creation (...) as such. Humanity as an image of its Creator is called to the endless impossible possibility of the re-creation of its own complex, plural, and fallen social world. Such a perspective is opposed to views of moral life as the application of law-like principles or the recovery of past moral histories. Without a better understanding of moral life's radically creative imperative, we miss a vital element of social relations' distinctive humanity. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

In this paper I argue that a global bioethicsis possible. Specifically, I present the viewthat there are within feminist approaches tobioethics some conceptual and methodologicaltools necessary to forge a bioethics thatembraces the health-related concerns of bothdeveloping and developed nations equally. Tosupport my argument I discuss some of thechallenges that have historically confrontedfeminists. If feminists accept the idea thatwomen are entirely the same, then feministspresent as fact the fiction of the essential``Woman.'' Not only does ``Woman'' not exist,``she'' obscures important racial, ethnic,cultural, (...) and class differences among women. However, if feminists stress women'sdifferences too much, feminists lose the powerto speak coherently and cogently about genderjustice, women's rights, and sexual equality ingeneral. Analyzing the ways in which the ideaof difference as well as the idea of samenesshave led feminists astray, I ask whether it ispossible to avoid the Scylla of absolutism(imperialism, colonialism, hegemony) on the onehand and the Charybdis of relativism(postmodernism, fragmentation, Balkanization)on the other. Finally, after reflecting uponthe work of Uma Narayan, Susan Muller Okin, andMartha Nussbaum, I conclude that there is a wayout of this ethical bind. By focusing onwomen's, children's, and men's common humanneeds, it is possible to lay thefoundation for a just and caring globalbioethics. (shrink)

ABSTRACT:This article examines the issue of gender equality within Islam in order to develop an ethical framework for businesses operating in Muslim majority countries. We pay attention to the role of women and seemingly inconsistent expectations of Islamic and Western societies with regard to appropriate gender roles. In particular, we contrast a mainstream Western liberal individualist view of freedom and equality—the capability approach, used here as an illustration of mainstream Western liberalism—with an egalitarian Islamic view on gender equality. While the (...) article identifies an opportunity for this particular approach to reform patriarchal interpretations and practices of Islam toward gender egalitarian interpretations and practices, it also contests the notions of adaptation and well-being inherent within the capability approach. We suggest that a dialectical approach to understanding the relationships among religion, culture, and business provides a better guide to responsible business action in Muslim Majority countries than does the capability approach. (shrink)

: The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.

The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional “informed desire” tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.

The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional “informed desire” tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.