The film Gandhi expands our understanding of how the virtue of care can function in the public sphere by portraying Gandhi dealing with Indian independence from Britain, the subjugation of women and Untouchables, and strife between Hindus and Muslims. Gandhi illustrates in his social and political activism how the virtue of care is animated by benevolence and structured by the building blocks of the care perspective: responsibility and need, relationship and mutual dependency, context and narrative.

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home (...) within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

Despite clear parallels between Jürgen Habermas's discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas's discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas's theory can be used to develop a compelling moral phenomenology of interpersonal relations.

Despite clear parallels between Jürgen Habermas’s discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas’s discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas’s theory can be used to develop a compelling moral phenomenology of interpersonal relations.

In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...) richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive. (shrink)

The new familialists argue that the decline of the intact two-parent family is responsible for our most pressing social problems and advocate public policies designed to promote family stability and discourage divorce and nonmarital births. This essay defends the freedom of intimate association and argue that family stability, while an important good, must be balanced with other goods such as equality and justice within the family, happiness, and individual self-development.

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

The film Gandhi expands our understanding of how the virtue of care can function in the public sphere by portraying Gandhi dealing with Indian independence from Britain, the subjugation of women and Untouchables, and strife between Hindus and Muslims. Gandhi illustrates in his social and political activism how the virtue of care is animated by benevolence and structured by the building blocks of the care perspective: responsibility and need, relationship and mutual dependency, context and narrative.

Societal aging raises challenging ethical questions regarding the just distribution of health care between young and old. This article considers a proposal for age-based rationing of health care, which is based on the prudential life span account of justice between age groups. While important objections have been raised against the prudential life span account, it continues to dominate scholarly debates. This article introduces a new objection, one that develops out of the well-established disability critique of social contract theories. I show (...) the implications of this critique for the prudential life span account and for the special case of age-group justice. The result is that age-based rationing based on the prudential life span approach is not supported, and that the prudential life span approach itself is not the best way to think about allocating health care between age groups. I propose an alternative approach that avoids the disability objection, and consider its implications for specific proposals for age-based rationing of health care. (shrink)

This essay explores ethical conflicts underlying the discourse of the policy debate about transracial adoption, focusing on the adoption of Black children by whites. Three underlying conflicts are analyzed, namely, the values of equality versus community, interracial community versus multiculturalism, individuality versus racial-ethnic community. The essay concludes with observations on multicultural families.

Retributivism is regarded by many as an attractive theory of punishment. Its primary assumption is that persons are morally responsible agents, and it demands that the social practices of punishment acknowledge that agency. But others have criticized retributivism as being barbaric, claiming that the theory is nothing more than a rationalization for revenge that fails to offer a compelling non-consequentialist justification for the infliction of harm. Much of the contemporary philosophical literature on retributivism has attempted to meet this criticism. One (...) common move has been to recast retributivism within the social contractarian tradition. The argument is that the justification for retributive punishment flows naturally from social contractarian political theories. Thus, not only is it reasonable to claim that wrongdoers merit punishment independent of any consequentialist concerns, but that fairness requires retributive punishment. While allying retributivism with social contractarianism provides retributivism with a nonconsequentialist justification for punishment (one fuller and less problematic than the conception of "desert" that worries the critics of retributivism), I will argue that far from strengthening the justification of retributivism, social contractarianism weakens it. For this version of the theory invites the Marxist charge that our society is ordered by profoundly unfair political and social institutions, and that to justify punishing the criminals disadvantaged by such institutions with the claim that fairness requires their punishment approaches a cruel joke. Some have defended the contractarian-based theory of retributivism against the Marxist criticism by claiming that it does not require the punishment of such individuals precisely because social relations are unfair. I will conclude in this paper that although such a move is appealing, it is untenable. And if such a move is not open to the retributivist, she is now in the uncomfortable position of either turning a blind eye to the injustices by which many criminals are victimized or abandoning her retributivist intuitions (the very intuitions that drove her to social contractarianism to bolster her theory of retributivism in the first place). I will conclude that attempts to bolster retributivism by appeal to social contractarianism should be abandoned and retributivists ought instead to seek to develop their theory of punishment within an alternative type of political theory. (shrink)

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper develops this practice-based (...) conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

The World Development Report 2012: Gender Equality and Development has recently confirmed the widely held belief that women across the world tend to perform different work from men who otherwise are situated similarly. Women also work longer hours than similarly situated men. In analyzing the justice of these gendered disparities in time-use, WDR 2012 uses a moral framework that is largely distributive. Although this framework illuminates some aspects of the injustice of the situation, I contend that it obscures other crucial (...) aspects, making the analysis inadequate overall. I argue that a more comprehensive and illuminating moral understanding can be reached by analyzing these time-use disparities in terms of global gendered exploitation. This alternative framework also better enables identifying those politically responsible for the injustice and points toward a vision of global gender justice that is morally more plausible. (shrink)

Neoliberal globalization has deepened the impoverishment and marginalization of many women. This system is maintained by the debt supposedly owed by many poor nations in the global South to a few rich nations in the global North, because the obligation to service the debt traps the people of the South within an economic order that severely disadvantages them. I offer several reasons for thinking that many of these alleged debt obligations are not morally binding, especially on Southern women.

This paper considers the relationship between institutions and the “sexual imaginary,” understood as the set of affective and imaginative resources that produce certain forms of sexual subjectivity. Drawing on the work of Cornelius Castoriadis and Moira Gatens, I argue that institutions play an important role in shaping sexual imaginaries. Historically, institutions have been sites in which unjust sexual norms have been reinforced and legitimized. I analyse the growing trend of consent education at Australian universities to explore how institutions may also (...) represent potential sites for contesting and reimagining these norms. Feminist critiques of consent suggest that consent education may in fact reproduce a narrow and conservative vision of sexuality, one that aligns with the neoliberal politics of the contemporary university. This paper contributes to these critiques by exploring how both the neoliberal university and consent theory are premised on a distorted vision of the subject as a rational, disembodied being. I argue that transforming dominant sexual imaginaries requires recognizing and interrogating both how desire permeates institutional spaces and the role of desire in ethical sexual relations. (shrink)

Research Articles Donald C. Hubin, Social Philosophy and Policy, FirstView Article.

In diesem Beitrag argumentiere ich, dass die Ermöglichung von Vereinbarkeit zwischen Erwerbsarbeit und Familienleben ein Erfordernis der Gerechtigkeit bildet. Eltern besitzen einen Anspruch auf Vereinbarkeit, der auf zwei Interessen gründet: Dem Interesse am Zugang zur Erwerbstätigkeit und dem Interesse an der Pflege der Eltern-Kind-Beziehung, durch die besondere Güter realisiert werden. Eine staatliche Politik der Vereinbarkeit lässt sich auch gegenüber denjenigen Gruppen rechtfertigen, die kein besonderes Interesse daran haben – gegenüber Erwachsenen, die keine Kinder haben, und gegenüber Eltern, die ein ‚Ernährermodell‘ (...) mit einer klaren Aufgabenteilung zwischen den Partnern bevorzugen. Eine entsprechende Politik muss allerdings die Dimension des Geschlechts beachten, um nicht zu einer Verschärfung der geschlechtsspezifischen Arbeitsteilung zu führen. (shrink)

This essay takes up an apparently minor idea of Susan Moller Okin's Justice, Gender, and the Family—that employers should split the paycheck of wage-earning husbands between employees and their stay-at-home spouses—and suggests that it actually threatens to undermine Okin's entire argument by perpetuating the most central cause of women's inequality by Okin's own account: the sexual division of labor. Recognizing the vital contributions that Okin's seminal work made and the impact that it had on the field of feminist philosophy and (...) political theory, the essay explores the ethical, political, and philosophical problems with this solution to the dire problems of gender inequality and injustice that Okin correctly identifies. The essay suggests that her commitment to liberalism may have resulted in a commitment to an inadequate vision of how to solve the problems of gender inequality, and offers other possibilities that Okin could have pursued instead that sustain her strong commitment to liberalism. (shrink)

Susan Moller Okin's critique of libertarianism in Justice, Gender, and the Family has received only slight attention in the libertarian literature. I find this neglect of Okin's argument surprising: The argument is straightforward and, if sound, it establishes a devastating conflict between the core libertarian notions of self-ownership and the acquisition of property through labour. In this paper, I first present a reconstruction of Okin's argument. In brief, she points out that mothers make children through their labour; thus it would (...) seem that mothers own their children; but this implies that the children are not self-owners. I then examine the two most common objections to this argument in the literature: mothers do not make children, and acquisition by labour includes an exception for persons. I give several replies to each objection, including an extension of Okin's argument that I call Okin's dilemma. This dilemma argues that the libertarian can avoid Okin's conclusion only by requiring an.. (shrink)

This essay attempts to work out how justice and care and their related concerns fit together. I suggest that as a basic moral value, care should be the wider moral framework into which justice should be fitted.

. Morality is often dismissed as irrelevant in what is seen as the global anarchy of rival states each pursuing its national interest. When morality is invoked, it is usually the morality of justice with its associated moral conceptions of individual rights, equality, and universal law. In the area of moral theory, an alternative moral approach, the ethics of care, has been developed in recent years. It is beginning to influence how some see their global responsibilities.

Care is a feature of all of our lives, all of the time. An analysis of Scotland's Curriculum for Excellence reveals that care and caring permeate complex dimensions of life in and after school and we ask here, if, on some accounts, care can do the work required of it. Acknowledging the significance of her contribution to care, we focus on the work of Nel Noddings suggesting that she pays insufficient attention to other emotions implicated in the work of morally (...) appropriate care. We argue here that Noddings' version of care would benefit from the support of an ethical theory of the emotions, including a moralized form of compassion, if care in schools is to be both better understood and more likely realised. (shrink)

Recent work on social injustice has focused on implicit bias as an important factor in explaining persistent injustice in spite of achievements on civil rights. In this paper, I argue that because of its individualism, implicit bias explanation, taken alone, is inadequate to explain ongoing injustice; and, more importantly, it fails to call attention to what is morally at stake. An adequate account of how implicit bias functions must situate it within a broader theory of social structures and structural injustice; (...) changing structures is often a precondition for changing patterns of thought and action and is certainly required for durable change. (shrink)

In response to commentaries by Esa Díaz León, Jennifer Saul, and Ra- chel Sterken, I develop more fully my views on the role of structure in social and metaphysical explanation. Although I believe that social agency, quite generally, occurs within practices and structures, the relevance of structure depends on the sort of questions we are asking and what interventions we are considering. The emphasis on questions is also relevant in considering metaphysical and meta-metaphysical is- sues about realism with respect to (...) gender and race. I aim to demon- strate that tools we develop in the context of critical social theory can change the questions we ask, what forms of explanation are called for, and how we do philosophy. (shrink)

This article explores the prospects for a eudaimonist moral theory that is both feminist and Aristotelian. Making the moral philosophy developed by Aristotle compatible with a feminist moral perspective presents a number of philosophical challenges. Lisa Tessman offers one of the most sustained feminist engagements with Aristotelian eudaimonism. However, in arguing for the account of flourishing that her eudaimonist theory invokes, Tessman avoids taking a stand either for or against the role Aristotle assigned to human nature. She draws her account (...) of flourishing instead from the beliefs about flourishing implicit in the feminist and black freedom movements. I examine the implicit conception of flourishing in the writings of two prominent leaders of the black freedom movement—Martin Luther King, Jr. and Malcolm X—and argue that Tessman's attempt to avoid the “sticky issue” of human nature is not successful. Tessman's defense of the burdened virtues depends on a particular reading of human nature as does a eudaimonist account of the virtues more generally. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

: The paper argues that care ethics should be subsumed under virtue ethics by construing care as an important virtue. Doing so allows us to achieve two desirable goals. First, we preserve what is important about care ethics (for example, its insistence on particularity, partiality, emotional engagement, and the importance of care to our moral lives). Second, we avoid two important objections to care ethics, namely, that it neglects justice, and that it contains no mechanism by which care can be (...) regulated so as not to be become morally corrupt. (shrink)

The paper argues that care ethics should be subsumed under virtue ethics by construing care as an important virtue. Doing so allows us to achieve two desirable goals. First, we preserve what is important about care ethics. Second, we avoid two important objections to care ethics, namely, that it neglects justice, and that it contains no mechanism by which care can be regulated so as not to be become morally corrupt.

: My contribution intends to show that the traditional philosophical concept of work (Marx, Hegel, Kierkegaard, Marcuse, Arendt, Habermas, and the rest) leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes (...) visible, as socially necessary work, the so-called reproductive sphere pertaining to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

My contribution intends to show that the traditional philosophical concept of work leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes visible, as socially necessary work, the so-called reproductive sphere pertaining (...) to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

Morwenna Griffiths; The Powers of Silence, Journal of Philosophy of Education, Volume 30, Issue 3, 30 May 2006, Pages 463–470, https://doi.org/10.1111/j.1467-97.

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

I explore Baier, Held, Okin, Code, Noddings, and Eisler on trust and distrust. This reveals a need for reflection on the analysis, ethics, and dynamics of trust and distrust-especially the distinction between trusting and taking for granted, the feasibility of choosing greater trust, and the possibility of moving from situations of warranted distrust to trust. It is impossible to overcome the need for trust through surveillance, recourse to contracts, or legal institutions.

According to care theory the good parent confronting a helpless child has an unmediated impulse to relieve his distress; that impulse grows into a prescriptive ethic of relatedness, often contrasted to the more individualistic ethic of justice. If, however, a child's nature is understood as assertive and competent as well as fragile and dependent; if, in addition, he acquires needs through socialisation and is the beneficiary of inferred needs determined by others, then an ethic of need-gratification is insufficient. Caring theory, (...) with its emphasis on empathy, compassion, and attentiveness to the child's present state undervalues the role of adult restraint and imposition in a rounded caring philosophy. Parents (and teachers) must continuously balance gratification with suppression, support with restraint, engrossment with detachment. From this process emerges a revised relational ethic in which the care/justice distinctions are collapsed. (shrink)

According to care theory the good parent confronting a helpless child has an unmediated impulse to relieve his distress; that impulse grows into a prescriptive ethic of relatedness, often contrasted to the more individualistic ethic of justice. If, however, a child’s nature is understood as assertive and competent as well as fragile and dependent; if, in addition, he acquires needs through socialisation and is the beneficiary of inferred needs determined by others, then an ethic of need-gratification is insufficient. Caring theory, (...) with its emphasis on empathy, compassion, and attentiveness to the child’s present state undervalues the role of adult restraint and imposition in a rounded caring philosophy. Parents (and teachers) must continuously balance gratification with suppression, support with restraint, engrossment with detachment. From this process emerges a revised relational ethic in which the care/justice distinctions are collapsed. (shrink)

In this paper, I look at several examples that demonstrate what I see as a troubling tendency in much of mainstream bioethics to discount the views of disabled people. Following feminist political theorists who argue in favour of a stance of humility and sensitive inclusion for people who have been marginalized, I recommend that bioethicists adopt a presumption in favour of believing rather than discounting the claims of disabled people. By taking their claims at face value and engaging with disabled (...) people in open dialogue over impairment and disadvantage, bioethicists may take to heart an important lesson about human fragility and resilience. (shrink)

This paper expands on the political vision embedded in Donald Winnicott’s psychoanalytic work. It comments on Winnicott’s notion that individuality is produced by society, and adds that such production inevitably involves power asymmetry. It is argued that Winnicott values rights and property as communicative devices rather than as private enclosures held against society. However, it is also maintained that Winnicott thinks that social deliberation itself depends on a preceding objective instance that may be referred to as justice. Lastly, aspects of (...) Winnicott’s outlook that touch on ideas of welfare and distribution are examined, especially those concerning the relationships between the market and social agencies, and between the household and the state. It is suggested that these attributes point to an affinity Winnicott has with a progressive liberal trend dating back to Mill, the later manifestation of this liberalism being evident in the design of the 20th-century welfare state. It is concluded that it is for this polity that Winnicott wrote his psychological theory. (shrink)

This article compares the ways in which the classic Western philosophical division between the private and public spheres is challenged by an apparently disparate pair of thinkers—Confucius and Jane Addams. It is argued that insofar as the public and private distinction is that between the sphere of the family and that outside of the family, Confucius and Addams offer ways of rethinking that distinction. While Confucius endorses a porous relation between these realms, Addams advocates a relation that fosters reconstructive transformation (...) of each the private and public spheres. Because Confucius and Addams both challenge the idea of a rigid separation between the private and public, while at the same time differing from one another in important ways, a comparative engagement of their views is performed, with the suggestion that Confucians might glean very much from Addams, while contemporary feminists might do the same from both she and Confucius. (shrink)