:This article analyzes the criteria for the distribution of healthcare services through different justice theories such as utilitarianism and liberalism, pointing out the problems that arise when providing services to a culturally diverse population. The international epidemiological setting is a favorable one for discussing personal responsibility and luck egalitarianism; however, some provisions have to be made so that healthcare institutions do not treat ethnic, cultural, religious, and linguistic minorities unfairly. The article concludes by proposing that accommodations and culturally sensible attention (...) should be provided when possible, without affecting the equal opportunity of others to access these services. (shrink)

Despite the growing body of literature and general interest in the intersection between the capabilities approach (CA) and education, little work has been done so far to theorize democratic education from a CA perspective. This essay attempts to do so by, first, getting clear about the theory of democracy that has emerged from Amartya Sen’s recent work and understanding how it informs his CA; and, second, by carefully drawing out the implications of these aspects of Sen’s thinking for democratic education. (...) Ultimately, I argue that Senian democratic education (SDE) is a composite of various learning processes that enhance one’s capability for social and political (democratic) participation. Particular attention is given to the learning that happens through one’s actual engagement in democratic practices and that which happens through one’s formal schooling. I call the former of these learning processes SDEp and the latter SDEs. SDEp is democratic life itself, and its effectiveness both depends on and contributes to the development of a culture of political participation within society. SDEs is best understood as the process of facilitating children’s achievement of democratic functioning, that is, children’s achievement of certain “beings and doings” associated with the emergence and exercise of their individual and collective democratic existence. (shrink)

The argument has been made that future generations of human beings are being harmed unjustifiably by the actions individuals commit today. This paper addresses what it might mean to harm future generations, whether we might harm them, and what our duties toward future generations might be. After introducing the Global Health Impact (GHI) concept as a unit of measurement that evaluates the effects of human actions on the health of all organisms, an incomplete theory of human justice is proposed. Having (...) shown that the negative GHIs of our current generation cause unfair harm to future generations, I argue that each human being must be allocated a fair threshold of negative GHIs that should not be exceeded. By emphasising the need to consider all the GHIs of human actions, the theory of human justice developed here is highly relevant to evaluate human actions that might affect future generations, for example those related to climate change. (shrink)

Cultures of low aspirations, and more particularly young people's adaptation to them, are often presented as the major obstacle to an economic development agenda which requires more higher-level skills and a social agenda which is about enabling people from ‘non-traditional’ backgrounds to go to university. The article analyses and discusses some of the different sorts of constraints on the choices which we make and which may become unconsciously internalised and so constitute our adaptive preference. It argues, however, that all choice (...) is significantly adaptive and has its roots in a self which neither in its development nor in its current agency is detached from the social context in which it has been constructed, with which it identifies and from which that identity itself derives many of its features. Finally the article discusses briefly the grounds on which intervention in the life of such a chooser might be justified and some implications for interventionist strategies which are sensitive to such a socially embedded view of the self. (shrink)

This article offers a philosophical-empirical account of embodied skilful performance in the practice of plant biotechnology. Drawing on the work of Merleau-Ponty and others, we elaborate how skilful performance emerges from and through reciprocal relations encompassing the body-in-the-world and the world-in-the-body. The contribution of this article lies in offering an account of skilful performance that is attentive to a perceiving, motile, feeling body entwined with world. In genetically modifying plants, scientists direct their senses of touch and vision to manipulating plant (...) materials and matter, ‘reading’ subtle changes in tissue cultures, plantlets and so on. In rhythmic movements, they extend their bodies through skilful use of complex equipment, while calling on ‘intuition’ to guide their work. Skilful performance, then, relies on our lived body that is not merely a physical object among other objects, nor a passive instrument for the mind, but dynamic and inescapably entwined with people and things in a world in flux. Bringing to the fore how perceiving, motile, feeling bodies are implicated in skilful performance has significant implications for education and workplace training. (shrink)

This paper investigates an aspect of the question of whether capitalism can be defended as a morally legitimate economic system by asking whether capitalism serves progressive, feminist ends of freedom and gender equality. I argue that although capitalism is subject to critique for increasing economic inequality, it can be seen to decrease gender inequality, particularly in traditional societies. Capitalism brings technological and social innovations that are good for women, and disrupts traditions that subordinate women in materially beneficial and socially progressive (...) ways. Capitalism upholds the ideology of individual rights and the ideal of mutual advantage. By institutionalizing mutual advantage through the logic of voluntary exchange, progressive capitalism promotes the idea that no one is to be expected to sacrifice their interests with no expectation of benefit. Thus capitalism opposes the traditional, sexist ideal of womanly self-sacrifice. (shrink)

Martha Nussbaum has expanded the capabilities approach to defend positive duties of justice to individuals who fall below Rawls’ standard for fully cooperating members of society, including sentient nonhuman animals. Building on this, David Schlosberg has defended the extension of capabilities justice not only to individual animals but also to entire species and ecosystems. This is an attractive vision: a happy marriage of social, environmental and ecological justice, which also respects the claims of individual animals. This paper asks whether it (...) is one that the capabilities approach can really deliver. Serious obstacles are highlighted. The potential for conflict between the capability-based entitlements of humans and those of nonhuman animals or ‘nature’ is noted, but it is argued that this does not constitute a decisive objection to the expanded capabilities approach. However, intra-nature conflicts are so widespread as to do so: the situation is outside the circumstances of justice as they are standardly understood. Schlosberg attempts to reconcile such conflicts by re-examining what it means to flourish as a sentient nonhuman animal. This fails, because of the distinction between flourishing as a species, which often requires predation, and flourishing as an individual, which is as frequently incompatible with it. Finally, the paper considers how a capabilities theorist might move beyond such conflicts, identifying two possible strategies (which are not themselves unproblematic) for reconciling the demands of humans, animals and ecosystems. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

Elizabeth Anscombe and Mary Midgley discussed Aristotle's ethics as an alternative to modern moral philosophy. This idea is best known from Anscombe's 1958 paper ‘Modern Moral Philosophy’. The main...

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

This paper discusses the question whether care work for dependent persons (children, the elderly, and disabled persons) may be entrusted to the market; that is, whether and to what extent there is a normative justification for the “commodification of care.” It first proposes a capability theory for care that raises two relevant demands: a basic capability for receiving care and a capability for giving care. Next it discusses and rejects two objections that aim to show that market-based care undermines the (...) caring motives essential to care, one of them because of its reliance on contracts and the other because of the corrupting influence of payment on motivation. If market care is in principle legitimate, the commodification question transforms into one about the appropriate combinations of market and non-market care. This question can be answered only by adding an additional complication: care is to be balanced against other activities, most notably work for the labor market. This brings in the problem of gender inequality, since paid work has been traditionally distributed to men and caring activities to women. I show how the capability theory of caring presented in this paper can help resolve the dispute between competing models for balancing work and caring. (shrink)

I develop the foundation for cosmopolitan care, an underexplored variety of moral cosmopolitanism. I begin by offering a characterization of contemporary cosmopolitanism from the justice tradition. Rather than discussing the political, economic or cultural aspects of cosmopolitanism, I instead address its moral dimensions. I then employ a feminist philosophical perspective to provide a critical evaluation of the moral foundations of cosmopolitan justice, with an eye toward demonstrating the need for an alternative account of moral cosmopolitanism as cosmopolitan care. After providing (...) an explanation of how care ethics in connection with Kantian ethics generates a duty to care, I consider one main feature of cosmopolitan care, namely the theory of obligation it endorses. In developing this account, I place special emphasis on the practical ramifications of the theory by using it to analyze gender violence in conflict zones. (shrink)

What does it mean to defend moral cosmopolitanism in terms of human rights? I outline ‘human rights cosmopolitanism’, explain the role of equality in giving content to this conception, and defend the liberal view of human rights against the restricted view by considering – and responding to – several arguments for remaining neutral between a range of cultural and ideological perspectives on the demands of social justice and political legitimacy. I defend the liberal view that a conception of human rights (...) should not remain neutral on controversial questions of justice and legitimacy. (shrink)

There is little need to argue for the importance of human rights (HRs) in our world. If one looks at the role they play today, it is hard to deny that their impact has increased beyond anything the drafters of the 1948 Universal Declaration could have hoped or imagined. However, even though human rights today have a far greater impact on politics than in the past, the philosophical reflection that surrounds them has had a less fortunate history. It is doubtful (...) whether we are today in a better position than we were in 1948 to answer any of the philosophical questions surrounding them, including, and perhaps most crucially, the question about their foundation. Why are human rights standards—of whatever sort—that we should adopt, or even just take seriously? The first two parts of this paper summarize my recent work on the above question (Caranti, 2017) and the third takes it a step further. I will 1) show why the main orientations in the contemporary philosophy of human rights all fail to yield a satisfactory foundation, 2) sketch an alternative foundation that exploits Kant’s account of human dignity in a rather critical way; and 3) address one major objection my approach is bound to attract (and in a certain form has already attracted). Since my foundation suggests that we have dignity (and as a consequence human rights) because we are autonomous, that is, capable of moral behavior, some scholars have argued that I am bound to the counterintuitive conclusion that people with a temporary or permanent lack of rational capacity, which would cause a condition of “impaired autonomy,” are not entitled to the protection of human rights. While this objection does nothing but reformulate in the language of human rights an old, classical objection to Kant’s ethics, replying to it requires mobilizing new intellectual resources. (shrink)

This collaborative companion piece, written as a postscript to the three preceding essays, highlights four themes in comparative religious ethics that emerge through our focus on sex and gender: language, embodiment, justice, and critique.

This article reflects one scholar's attempt to locate herself within emerging ethical methodologies given a specific concern with cross-cultural women's moral praxis. The field of comparative ethics's debt to past debates over methodology is considered through a typology of three waves of methodological invention. The article goes on to describe a specific research focus on U.S. Catholic and Iranian Shii women that initiated a search for a distinct method. This method of comparative ethics, which focuses on the production of ethical (...) knowledge through the interaction of discursive logics of various moral agents, is described. The conclusion turns to how methodological invention can itself become a constructive project through the way it (1) locates the scholar in relation to her subject of study and (2) allows for isolation of tactics within specific moral discourses. (shrink)

Among the tasks of modern political philosophy is to develop a favored conception of the relations among modern citizens, among people who can know little or nothing of one another individually and yet are deeply reciprocally dependent. One might think of this as developing a favored conception of civic friendship. In this essay I sketch two candidate conceptions. The first derives from the Kantian tradition, the second from the 1844 Marx. I present the two conceptions and then describe similarities and (...) differences. My approach is both taxonomic and programmatic. My taxonomic goal is to provide an initial sketch of the conceptual territory. My programmatic goal is to provide reasons to think that the conception derived from Marx is both appealing and feasible. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 2, Page 143-146, June 2011.

How are we to navigate between duties to compatriots and duties to non-compatriots? Within the literature there are two important kinds of accounts that are thought to offer contrasting positions on these issues, namely, cosmopolitanism and statism. We discuss these two rival accounts. I then outline my position on global justice and how to accommodate insights from both the cosmopolitan and statist traditions within it. Having outlined my ideal theory account of what global justice requires, I discuss the far more (...) pressing question of what our remedial responsibilities are in our decidely non-ideal world: what does the developed world owe to the developing world and what are our responsibilities to non-compatriots, given our situation here and now? I argue that we have considerable responsibilities and I sketch some of the supporting grounds for this view. Finally, I consider how the general account of global justice and remedial responsibilities developed here applies to the case of responsibilities for migrants’ and refugees’ healthcare. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

Some recent arguments for paternalist government interventions have been based in empirical results in psychology and behavioral economics that would seem to show that adult human beings are far removed from the ideals of rationality presupposed by much of philosophical and economic theory. In this paper it is argued that we need to move to a different conception of human decision-making competence than the one that lies behind that common line of philosophical and economic thinking, and which actually still lies (...) in the background of some of these recent approaches to paternalist interventions. An alternative picture of human decision-making competence is outlined and four criteria for identifying areas where paternalist interventions have a basic moral and political legitimacy are then identified on the basis of this picture. (shrink)

Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people’s autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to a second-class moral (...) status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns. (shrink)

What do we as a society, and as parents in particular, owe to our children? Each chapter in Taking Responsibility for Children offers part of an answer to that question. Although they vary in the approaches they take and the conclusions they draw, each contributor explores some aspect of the moral obligations owed to children by their caregivers. Some focus primarily on the responsibilities of parents, while others focus on the responsibilities of society and government. The essays reflect a mix (...) of concern with the practical and the philosophical aspects of taking responsibility for children, addressing such topics as parental obligations, the rights and entitlements of children, the responsibility of the state, the role and nature of public education in a liberal society, the best ways to ensure adequate child protection, the licensing of parents, children’s religious education, and children’s health. Taking Responsibility for Children will be of interest to philosophers, advocates for children’s interests, and those interested in public policy, especially as it relates to children and families. (shrink)

Ethical theories in sport philosophy tend to focus on interpersonal relations. Little has been said about sport as part of the good life and as experienced from within. This article tries to remedy this by discussing a theory that is fitting for sport, especially elite sport. The idea of perfection has a long tradition in Western philosophy. Aristotle maintains that the good life consists in developing specific human faculties to their fullest. The article discusses Hurka's recent version of Aristotelian perfectionism (...) and relates it to various aspects of, and the good life in, sport. How much time should be spent on sport in relation to other activities, how much should one concentrate on one sport to reach one's best and how should one's efforts be spent over a season? Well-roundedness and concentration are central alternatives for theories of perfection. Similarly some activities are simple whereas other are complex and thIs poses problems for persons that want to maximise their achievements. Whereas Hurka thinks one has obligations to perfect oneself, the author of this article thinks perfection is an attractive choice but no obligation. (shrink)

The value of autonomy is a hallmark of liberal doctrine. It would seem to follow that liberals must reject the practice of “arranged marriage” on the grounds that the “arranging” component of the practice eschews autonomy and individuality. However, in policy debates in Great Britain, the difference between “arranged marriage” and “forced marriage” has been defined as the presence of autonomy or free choice for an arranged marriage and their absence in cases of forced marriage. A paradox seems to result: (...) arranged marriage is defined as a marriage practice that both rejects autonomy and requires autonomy. In this article, I will show that the resultant paradox arises from the inadequacy of the autonomy analysis rather than from any intrinsically puzzling feature of arranged marriage. I then offer an alternative normative framework to assess arranged marriage’s potential contribution to a just society. My tri-metric analysis for arranged marriage includes the autonomy of the participants (Metric 1), as well as two societal metrics: the fairness of the distribution of care-giving labor (Metric 2) and the degree to which the society meets its members’ legitimate needs for care (Metric 3). (shrink)

The interests of a patient are not only related to objective ideas about health, but are also determined by the patient’s own view of the good. To act in the best interests of a patient requires co...

Beneficence is a foundational ethical principle in medicine. To provide benefit to a patient is to promote and protect the patient’s wellbeing, to promote the patient’s interests. But there are different conceptions of wellbeing, emphasizing different values. These conceptions of wellbeing are contrary to one another and give rise to dissimilar ideas of what it means to benefit a patient. This makes the concept of beneficence ambiguous: is a benefit related to the patient’s goals and wishes, or is it a (...) matter of objective criteria that constitute wellbeing? This paper suggests a unified conception of wellbeing for use in medicine to determine what counts as a benefit. Two components of wellbeing are identified: (1) objective functioning/health and (2) the patient’s view of her own good. The paper explores how to apply, balance, and weigh these components in clinical situations to determine what counts as a benefit to a patient. (shrink)

In a recent article, Amartya Sen writes that one important influence on his theory of adaptive preferences is Wollstonecraft's account of how some women, though clearly oppressed, are apparently satisfied with their lot. Wollstonecraft's arguments have received little attention so far from contemporary political philosophers, and one might be tempted to dismiss Sen's acknowledgment as a form of gallantry. That would be wrong. Wollstonecraft does have a lot of interest to say on the topic of why her contemporaries appeared to (...) choose what struck her as oppression, and her views can still help us reflect on contemporary problems such as the ones identified and discussed by Amartya Sen. In this article I will argue that a close look at Wollstonecraft's arguments may lead us to rethink some aspects of Sen's discussion of the phenomenon of adaptive preferences. (shrink)

Recently, Amartya Sen and Martha Nussbaum have developed the capabilities approach to provide a model for understanding the effectiveness of programs to help the developing nations. The approach holds that human beings are fundamentally free and have a sense of human dignity. Therefore, institutions need to help people enhance this dignity by providing them with the opportunity to develop their capabilities freely. I argue that this approach may help support business ethics based on virtue. Since teleology has become problematic, virtue (...) ethics has had difficulty giving itself an ultimate justification. By combining virtue ethics with the capabilities approach, it becomes possible to ground virtue ethics on the basis of the existence of human dignity. This frees virtue ethics of the need for a strict teleology, replacing it with the notion that people must work to develop the capabilities of others although those capabilities are not pointed toward a definite goal. I further suggest that by grounding virtue ethics in capabilities, the actions of a virtuous manager become clearer. Rather than simply charging a manager with serving the public, the manager is charged with serving the stakeholders in a way that develops their capabilities. For example, a manager should not just give their employees what is just but must give them the environment and the encouragement to grow and to find fulfillment in their job. (shrink)

School choice is most often viewed through the lens of provision: most of the debate on the issue searches for desirable ways to offer vouchers, scholarships or other tools that provides choice as a way to achieve equality and/or freedom. This paper focuses on the consumer side of school choice, and utilises behavioural economics as well as ethnographic and network studies to consider ways to structure choice which respond to actual cognitive and social processes of choice. These empirical studies give (...) scholars and policy-makers who grapple with school choice a perspective that should affect the principled design of these programs as well as their execution. The paper considers the ways in which actual choice processes should affect current visions of school choice. It concludes with recommendations concerning the design of choice sets and the accessibility of information regarding choice, which together can assist school choice policies in better fulfilling their promise of equality and freedom. (shrink)

School choice is most often viewed through the lens of provision: most of the debate on the issue searches for desirable ways to offer vouchers, scholarships or other tools that provides choice as a way to achieve equality and/or freedom. This paper focuses on the consumer side of school choice, and utilises behavioural economics as well as ethnographic and network studies to consider ways to structure choice which respond to actual cognitive and social processes of choice. These empirical studies give (...) scholars and policy-makers who grapple with school choice a perspective that should affect the principled design of these programs as well as their execution. The paper considers the ways in which actual choice processes should affect current visions of school choice. It concludes with recommendations concerning the design of choice sets and the accessibility of information regarding choice, which together can assist school choice policies in better fulfilling their promise of equality and freedom. (shrink)

Most people have a clear sense of what they mean by disability, and have little trouble identifying conditions they consider disabling. Yet providing a clear and consistent definition of disability is far from straightforward. Standardly, disability is understood as the restriction in our abilities to perform tasks, as a result of an impairment of normal physical or cognitive human functioning. However, which inabilities matter? We are all restricted by our bodies, and are all incapable of performing some tasks, but most (...) of these inabilities are not considered disabilities. If, then, we are to avoid the category of disability becoming overly broad—and thus politically and practically useless—we need some way of picking out the specific inabilities that are disabling. I argue that our answer should be informed by an account of the opportunities individuals are entitled to be able to perform as a matter of justice. Thus, to be disabled is to have these opportunities restricted, and not to deviate from the species norm or lack any ability that might improve our well-being. (shrink)

I argue racial injustice undermines the reliability of news source reports in the information domain of racial injustice. I argue that this in turn undermines subjects’ doxastic justification in inferences they base on these news sources in the racial injustice information domain. I explain that racial injustice does this undermining through the effect of racial prejudice on news organizations’ members and the effect of society's racially unjust structure on non-dominant racial group-controlled news sources.

In order to determine whether current (or future) machines have a welfare that we as agents ought to take into account in our moral deliberations, we must determine which capacities give rise to interests and whether current machines have those capacities. After developing an account of moral patiency, I argue that current machines should be treated as mere machines. That is, current machines should be treated as if they lack those capacities that would give rise to psychological interests. Therefore, they (...) are moral patients only if they have non-psychological interests. I then provide an account of what I call teleo interests that constitute the most plausible type of non-psychological interest that a being might have. I then argue that even if current machines have teleo interests, they are such that agents need not concern themselves with these interests. Therefore, for all intents and purposes, current machines are not moral patients. (shrink)

This piece comprises short presentations given by contributors to a symposium organized by the journal Ethics & Social Welfare on the theme of global ethics for social work. The contributors offer their reflections on the extent to which universally accepted international statements of ethical principles in social work are possible or useful, engaging with debates about cultural diversity, relativism and the relevance of human rights in non-Western countries.

Critics suggest that without some "objective" account of well-being we cannot explain why satisfying some preferences is, as we believe, better than satisfying others, why satisfying some preferences may leave us on net worse off or why, in a range of cases, we should reject life-adjustment in favor of life-improvement. I defend a subjective welfarist understanding of well-being against such objections by reconstructing the Amartya Sen's capability approach as a preferentist account of well-being. According to the proposed account preference satisfaction (...) alone—possible as well as actual—is of value. States of affairs contribute to well-being because and to the extent that they satisfy actual or nearby possible preferences, and are fruitful, that is, compatible with a range states that satisfy further actual or nearby possible preferences. The proposed account solves the problem of adaptive preference. Individuals whose preferences are "deformed" are satisfied with fruitless states of affairs, which constrain their options so that they are incapable of satisfying a wide range of nearby possible preferences—preferences they "could easily have had." Recognizing the value of capabilities as well as actual attainments allows us to explain why individuals who satisfy "deformed" or perverse preferences may not on net benefit from doing so. More fundamentally, it explains why some states are, as Sen suggests, bad, awful or gruesome while others are good, excellent or superb without appeal to any objective account of value. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

The ways in we raise and educate children can appear to be at odds with basic liberal values. Relationships between parents and children are unequal, parents routinely control children's behaviour in various ways, and they use their authority to shape children's beliefs and values. Whether and how such practices can be made to accord with liberal values presents a significant puzzle. In what follows I will look at a recent and sophisticated attempt to resolve these tensions offered by Matthew Clayton (...) in his book Justice m Child Rearing in the context of general account of the proper limits of parental authority. I argue that Clayton is unsuccessful in ways that point to fundamental and pervasive questions about the place of liberal values in child rearing and education that remain unanswered. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

Offers the first focused study of the shifei debates of the Warring States period in ancient China and challenges the imposition of Western conceptual categories onto these debates. In recent decades, a growing concern in studies in Chinese intellectual history is that Chinese classics have been forced into systems of classification prevalent in Western philosophy and thus imperceptibly transformed into examples that echo Western philosophy. Lin Ma and Jaap van Brakel offer a methodology to counter this approach, and illustrate their (...) method by carrying out a transcultural inquiry into the complexities involved in understanding shi and fei and their cognate phrases in the Warring States texts, the Zhuangzi in particular. The authors discuss important features of Zhuangzi’s stance with regard to language-meaning, knowledge-doubt, questioning, equalizing, and his well-known deconstruction of the discourse in ancient China on shifei. Ma and van Brakel suggest that shi and fei apply to both descriptive and prescriptive languages and do not presuppose any fact/value dichotomy, and thus cannot be translated as either true/false or right/wrong. Instead, shi and feican be grasped in terms of a pre-philosophical notion of fitting. Ma and van Brakel also highlight Zhuangzi’s idea of “walking-two-roads” as the most significant component of his stance. In addition, they argue that all of Zhuangzi’s positive recommendations are presented in a language whose meaning is not fixed and that every stance he is committed to remains subject to fundamental questioning as a way of life. (shrink)

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...) almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions. (shrink)

Discusses the conditions of possibility for intercultural and comparative philosophy, and for crosscultural communication at large. This innovative book explores the preconditions necessary for intercultural and comparative philosophy. Philosophical practices that involve at least two different traditions with no common heritage and whose languages have very different grammatical structure, such as Indo-Germanic languages and classical Chinese, are a particular focus. Lin Ma and Jaap van Brakel look at the necessary and not-so-necessary conditions of possibility of interpretation, comparison, and other forms (...) of interaction and how we can speak of similarities and differences in this context. The authors posit that it is necessary to dissolve the question of universalism versus relativism by replacing the ideal language paradigm with a paradigm of family resemblances and that it is not necessary to share a common language to engage in comparison. Numerous case studies are presented, including many comparisons of Western and Chinese concepts. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)