This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...) because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

Illustrating the tensions and possibilities that the notion of the ethic of care as a democratic and citizenship issue may have in discourses of citizenship education in western states is the focus of this article. I first consider some theoretical debates on the definition of an ethic of care, especially in relation to issues of justice and (im)partiality. Then, I discuss the reconceptualization of care on the basis of two related but distinct themes: the reconciliation of justice and care, and (...) the rethinking of citizenship. Following this, I lay out some implications for citizenship education and answer the question of what learning and teaching for/about a reconceptualized ethic of care can contribute to changing current perceptions of and actions towards immigrants, refugees and asylum seekers. (shrink)

Although ethical and justice arguments operate in two distinct levels—justice being a more specific concept—they can easily be conflated. A robust justification of ecological justice requires starting at the roots of justice, rather than merely giving, for example, an argument for why certain non-human beings have moral standing of some kind. Thus, I propose that a theory of ecological justice can benefit from a four-step justification for the inclusion of non-human beings into the community of justice, starting with Hume’s circumstances (...) of justice. I will further argue that the resulting theory of ecological justice should be biocentric—meaning that all living beings should be included into the community of justice, as they constitute a ‘community of fate’. (shrink)

Assuming similarities between the domestic and global spheres of justice, I consider how lessons from the debate over women's rights and multiculturalism can be applied to global justice. In doing so, I focus on one strain of thinking on global justice, current moderations and modifications to cosmopolitanism. Discussions of global justice tend to approach the question of gender equity in one of two distinct ways: through articulations a cosmopolitanism ethic, advancing women's rights with the discourse of universal human rights or (...) through the lens of Care Ethics. The former approach emphasizes a universal core shared by all human beings, the latter the specific relationships we each are situated within. Recently, the discourse of global justice has moved away from this universal/particular dichotomy, with a range of theories, call them rooted cosmopolitanisms. My goal in this paper is to consider how these rooted versions of cosmopolitanism might respond to issues of gender equity and women's rights. (1) In pursuit of this aim, I first outline the parameters that define rooted cosmopolitanism. (2) I then assume, for the sake of argument, a continuity between domestic and global domains of justice, a continuity which allows for a translation of insights gained in domestic debates over multiculturalism into the global domain. (3) Finally, offering an answer to my leading question, I claim that rooted cosmopolitanism might assist in the struggle to protect the well-being of women as it endeavors to advance global justice. (shrink)

In his famous ‘Integrity Objection’, Bernard Williams condemns utilitarianism for requiring us to regard our projects as dispensable, and thus precluding us from being properly committed to them. In this paper, I argue against commitment as Williams defines it, drawing upon insights from the socialist tradition as well as mainstream analytic moral philosophy. I show that given the mutual interdependence of individuals (a phenomenon emphasised by socialists) several appealing non-utilitarian moral principles also require us to regard our projects as dispensable. (...) This means that those who endorse those principles cannot appeal to Williams’s argument against utilitarianism. It also puts pressure on his thought that moral theories ought to permit commitment – in fact, it suggests that they ought not. Regarding one’s projects as dispensable may be alienating, and this may motivate us to hang onto commitment and reject these non-utilitarian principles along with utilitarianism. However, commitment also threatens a kind of alienation – from other people. Drawing upon the socialist tradition again, I argue that avoiding this form of alienation is necessary for proper engagement with our projects, and thereby with ourselves. (shrink)

Contrary to much Kant interpretation, this article argues that Kant's moral philosophy, including his account of charity, is irrelevant to justifying the state's right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant's account of dependency relations in “The Doctrine of Right” reveals an argumentative structure (...) sufficient for a public institutional protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state's legitimacy. (shrink)

: Drawing from work in feminist moral philosophy, Tobin argues that the most common methodology used in practical ethics is a questionable methodology for addressing practical problems across diverse cultural contexts because the kind of impartiality it requires is neither feasible nor desirable. She then defends an alternative methodology for practical ethics in a global context and uses her proposed methodology to evaluate a problem that confronts many Sunni Muslim women around the world.

In Political Liberalism, J. Rawls describes a meta-ethical procedure — political constructivism — whereby political theorists formulate political principles by assembling and reworking ideas from the public political culture. To many of his moral realist and moral constructivist critics, Rawls's procedure is simply a recent version of the “popular moral philosophy” that Kant excoriates in the Groundwork for the Metaphysics of Morals. I defend the idea of political constructivism on philosophical and political grounds. I argue that political constructivism is the (...) best available methodology for self-legislating, socially embedded and fallible human beings; then I show that political constructivism may produce principles that could garner the principled assent of Euro-American Muslims such as Taha Jabir Al-Alwani. The article considers how political constructivism might be employed to formulate new political principles for Euro-American societies experiencing and confronting the Islamic revival. [R]. (shrink)

This article seeks to show the importance of Cicero for Kant by pointing out the systematic relationship between their respective views on ethics and law. Cicero was important to Kant because Cicero had already elaborated an imperative, “quasi-jural” conception of duty or obligation. Cicero had also already prefigured the distinction between ethical duties and duties of justice. The article does not establish any direct historical influence, but points out interesting systematic overlaps. The most important in the realm of ethics are (...) a universal rationalism; a rule-based normative framework of duty; and skepticism about (Cicero), or rejection of (Kant), eudaimonism. In the realm of political theory, it is the centrality of law and of property that unites both thinkers; both reject voluntarism in thinking that consensus flows from the right external laws, not the other way around, and thus creates a juridical community; and lastly, both Cicero and Kant believe that transparence, or publicity, is a key ideal that might be presupposed by both the ethical and the juridical domain. The article thus shows that both Cicero and Kant separate ethics from law, but there are indications that neither has given up the aspiration to bridge the two realms on a higher plane. This reading of Kant yields both a more Ciceronian Kant and allows us to perceive Kantian aspects of Cicero. (shrink)

Can states permissibly enforce mandatory participation in the provision of public goods? Usual justifications of state action here appeal to the fact that such goods are very good for people. Arthur Ripstein argues that states can compel provision of public goods, but that the best explanation of this is grounded, not in the costs and benefits of the provision to the compelled parties, but in the parties’ moral status as independent agents. I argue that Ripstein’s alternative account poses more problems (...) than it solves. Our best hope in grounding mandatory cooperation is to do so with reference to the duties that we have to serve people’s interests, including interests in autonomy, welfare, and being respected on account of one’s moral status. (shrink)

According to the most detailed articulation and defence of moral particularism, it is a metaphysical doctrine about the nature of reasons. This paper addresses aspects of particularist epistemology. In rejecting the existence and efficacy of principles in moral thinking and reasoning particularists typically appeal to a theory of moral knowledge which operates with a ‘perceptual’ metaphor. This is problematic. Holism about valence can give rise to a moral epistemology that is a metaethical variety of atomistic empiricism. To avoid what could (...) be called the Myth of the Moral Given, particularism has made use of a judgement-centred account of moral epistemology. This paper critically examines that account with reference to a proposed analogy between our moral knowledge and our knowledge of similarities. (shrink)

Is it justified to hold that an agent S has a (moral) right to P if the duty-bearer is not specified? There is an intense ongoing debate on this question. There are two positions in the literature. On the one hand, O´Neill´s much-discussed account of rights holds that it is justified to say that an agent S has a right to P if and only if the duty-bearer is sufficiently determined – i.e. if and only if it is clear against (...) whom S may claim her right to P (O’Neill 1986, 1988, 1996, 2000, 2005, 2016). Call this, the ‘claimability condition’. On the other hand, interest-based theorists argue that it can be justified to say that an agent S has a right to P even if the duty-bearer is not sufficiently determined (Caney 2007; Griffin, 2008; Raz 1988; Tasioulas 2007; see also: Etinson, 2013; Ypi 2010). Who (if anyone) is correct in this fundamental discussion about the very nature of rights? In this paper, I provide an answer to this crucial question. Neither O´Neill nor interest-based theorists provide good reasons to justify their positions. However, I argue, the claimability condition is an existence condition of rights justified on the basis of their action-guiding character. The reason is that if the duty-bearer is not specified, the content of the right (its correlative obligation) does not sufficiently guide what the agent should do because it is indeterminate who is required to act (or refrain from acting). (shrink)

In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...) which right should prevail, but without considering non‐rights‐interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously. (shrink)

This article examines Lamb, Gable & de Ruyter's critique of consent as the standard by which one can determine if a sexual encounter is ethical in their ‘Mutuality in sexual relationships: a standard of ethical sex?’. Their examination of this issue is to be welcomed for a number of reasons, including growing criticism of ‘consent’ as the gold standard in medical and social science research ethics. The focus of this article is specifically on school sex education (principally, for 11–16-year-olds). Contrary (...) to Lamb et al., I argue that it is difficult to maintain that ‘The standard of mutuality should be taught in all schools and the government should indeed demand or support this, even with checks to see if children have learned this standard, at least in attitudes about sexual behavior’ for three reasons. First, while there are good arguments in favour of school children being introduced to the ideal of mutuality, it seems too high a bar to require children to ‘have learned’—a phrase that can be taken to mean to ‘have come to accept’ rather than merely to ‘understand’—this; consent is a more appropriate requirement and is itself a sufficiently rich term that it merits analysis by students, aided by their teachers. Second, my judgement as a sex educator is that sex education is more effective when students are given the opportunity to explore what is good and what is right, rather than simply being told. Third, if we have to adopt a single principle, there is much to be said for ‘respect for others’ to trump both ‘consent’ and ‘mutuality’. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, following the example of (...) pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Der Schwerpunkt versammelt vier Aufsätze, die sich mit dem Verhältnis der philosophischen Begriffe „Verantwortung“ und „Pflicht“ beschäftigen. Obwohl diese beiden Begriffe einander sehr ähnlich sind und beide in der praktischen Philosophie eine wichtige Rolle spielen, gibt es kaum Untersuchungen zu der Frage, in welcher Beziehung beide Begriffe zueinander stehen. Drei Weisen, das Verhältnis zwischen Verantwortung und Pflicht zu bestimmen, scheinen naheliegend: 1. Die Begriffe sind synonym zu verstehen; 2. Verantwortung ist der zentrale Begriff; 3. Pflicht ist der zentrale Begriff. In (...) dieser Einleitung werden diese drei möglichen Positionen skizziert und die vier Texte des Schwerpunktes vorgestellt. (shrink)

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to (...) charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

With regard to the problem of world poverty, libertarian theories of corrective justice emphasize negative duties and the idea of responsibility whereas utilitarian theories of help concentrate on positive duties based on the capacity of the helper. Thomas Pogge has developed a revised model of compensation that entails positive obligations that are generated by negative duties. He intends to show that the affluent are violating their negative duties to ensure that their conduct will not harm others: They are contributing to (...) and profiting from an unjust global order. But the claim that negative duty generated positive obligations are more acceptable than positive duties is contestable. I examine whether Henry Shue’s model that is integrating negative duties and positive duties is more convincing concerning the foundation of positive duties to protect others. I defend the idea that there are positive duties of justice. This approach can integrate an allocation of positive duties via responsibility and maintain the advantage of an independent foundation of positive duties. (shrink)

This article offers a Kantian account of dignity violations in the context of contemporary migration to western states. It considers three major issues: “modern slavery,” statutory detention, and lack of rights to engage in economic activity. While most Kantian accounts emphasize the dignity violations of treating people as “mere means,” we point out that this does not capture the central issue: the “hostile environment” that so many migrants face. The first part of the article briefly sets out a Kantian account (...) of dignity violations. The second part highlights two key differences between modern slavery and its historical forebears. It emphasizes the interpersonal rather than institutional character of modern slavery, and distinguishes trafficking from smuggling. The third part argues that migrants who lack formal rights to remain and work face institutional exclusions that violate human dignity. Policies that aim to discourage and restrict immigration demean people’s status as ends in themselves. Moreover, they do so by actively denying opportunities to act as means for others. As such, the article draws a link between Kant’s well-known cosmopolitan right not to be treated with hostility and his less well-known ethical duty, “to be a useful member of the world.” Dignity can be found in acting as a means for others; hostility and exclusion can violate dignity just as much as instrumentalization. (shrink)

One of the key debates about applying virtue ethics to business is whether or not the aims and values of a business actually prevent the exercise of virtues. Some of the more interesting disagreement in this debate has arisen amongst proponents of virtue ethics. This article analyzes the central issues of this debate in order to advance an alternative way of thinking about how a business can be a form of virtuous practice. Instead of relying on the paired concepts of (...) internal and external goods that define what counts as virtuous, I offer a version of speech act theory taken from Paul Ricoeur to show how a business can satisfy several aims without compromising the exercise of the virtues. I refer to this as a polyvalent approach where a single task within a business can have instrumental, conventional, and imaginative effects. These effects correspond to the locutionary, illocutionary, and perlocutionary dimensions of meaning. I argue that perlocution provides a way in which the moral imagination can discover the moral significance of others that might have not been noticed before, and furthermore, that for such effects to be practiced, they require appropriate virtues. I look at two cases taken from consultation work to thresh out the theoretical and practical detail. (shrink)

In this paper, I argue that genuine ethical deliberation, and hence ethical agency, is incompatible in principle with the possession of determinate practical prescriptions concerning how best to act in a concrete ethical situation. I make this argument principally by way of an analogy between gameplay and ethical deliberation. I argue that trivially solved games of perfect information (the example I use is tic‐tac‐toe) are, or become, in some sense unplayable for the individual for whom the game is trivially solved. (...) The reason for this, I suggest, is that there ceases to be space within the game for the distinction between that individual being a better and being a worse player of the game. I then use this example as an occasion to reflect on the kind of epistemic indeterminacy that appears to be a condition of genuine ethical deliberation. (shrink)

Geography is experiencing a ‘moral turn’ in its research interests and practices. There is also a flourishing interest in animal geographies that intersects this turn, and is concurrent with wider scholarly efforts to reincorporate animals and nature into our ethical and social theories. This article intervenes in a dispute between Michael Dear and Richard Symanski. The dispute is over the culling of wild horses in Australia, and I intervene to explore how geography deepens our moral understanding of the animal/human dialectic. (...) I begin by situating the inquiry into ethics and animals in geography. Next, I provide a synopsis of Dear and Symanski's comments on ‘animal rights’, followed in turn by discussions of moral value and value paradigms. I then introduce a value paradigm termed geocentrism as a geographical account of our moral relations to animals. Finally, I discuss the wider significance of this debate for geographical ethics, moral philosophy and social theory. (shrink)

This article examines Risse and Wollner’s discussion and rejection of several strategies a) in favour of developed countries subsidising their producers, and b) against the relocation of firms operating on their territory. It argues that their critical review of these strategies remains incomplete and therefore not decisive. It starts by bringing into relief two blind spots in their moral assessment of subsidies. The first concerns the imperfect nature of the general duties of global justice they focus on; the second concerns (...) their understanding of the relation between these duties and duties of social justice. While addressing these two difficulties, it presents another possible strategy in support of subsidies, which Risse and Wollner fail to examine: the ‘equal citizenship’ strategy. This strategy is mobilised again in an assessment of Risse and Wollner’s treatment of relocations. In this context, some doubts are raised about the remedy Risse and Wollner prescribe to overcome both social injustices and exploitative relocations ― namely, the domestic redistribution by governments of the gains of international trade. It is argued that such a redistribution is both insufficient to combat social exclusion and threatened by the very practice of trade liberalisation that Risse and Wollner seek to defend. (shrink)

In section 1 we present moral constructivism as a metaphysical project which grounds moral norms in the attitude of valuing by rational agents. In section 2 we establish that Kantian Constructivism – opposed to Humean Constructivism – seeks objective and universal moral norms through a process of rational construction and ratification of norms that does not draw on any kind of subjective attitude of valuing. In section 3 we explore whether Kant is a moral constructivist or moral realist, arguing that (...) he might be read as a proto-moral constructivist whose formulas impose standards of correctness upon our moral judgments, from which we formulate moral norms as necessary facts of reason. In section 4 we argue that: 1) vulnerabilities have moral relevance which adds merit to the project of finding objective moral norms, and 2) the inclusion of vulnerabilities as empirical contingencies is compatible with Kantian Constructivism. We do so by considering vulnerabilities a constitutive aspect of finite rational agents which must, therefore, be implied and considered in the process of moral construction. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Feminists, critical race scholars, and other social‐justice theorists sometimes object to “abstraction” in liberal normative theory. Arguing that oppression affects individual agents in powerful yet subtle ways, they contend that allegedly abstract theories often reinforce oppressive power structures. Here I critically examine and ultimately reject Onora O'Neill's “abstraction without idealization” as a solution to this problem. Because O'Neill defines abstraction as simply the “bracketing of certain predicates,” her methodology fails to guide decisions about what to bracket and what to include (...) in the theory. Moreover, it may not be possible to abstract without also relying on some particular ideals. While abstraction is unavoidable, I conclude that it must be employed with greater attention to sociopolitical hierarchies and by using ideals that do not collude with structures of oppression. I discuss the work of Susan Babbitt and Elizabeth Anderson as examples of how nonoppressive ideals might be incorporated into normative theory. (shrink)

Many philosophers endorse the ideal of justice yet disagree radically over what that ideal requires. One persistent problem for thinking about justice is that the unjust social arrangements that originally motivated our questions may also distort our thinking about possible answers. This paper suggests some strategies for improving our thinking about justice in the unjust meantime. As our world becomes more just, we may expect our thinking about justice to improve.

This paper addresses whether universal, general education programs are enough to satisfy basic criteria of human rights, or whether comprehensive family planning programs, in conjunction with universal education programs, might also be morally required. Even before the Reagan administration instituted the ‘global gag rule’ at the 1984 conference in Mexico City, prohibiting funding to nongovernmental organizations that included providing information about abortion as a possible method of family planning, the moral acceptability of family planning programs has been called into question. (...) This paper makes a moral argument for family planning by appealing to both data and to theory: data about the efficacy of universal and comprehensive family planning education programs at reducing fertility and infant mortality, and theory about what is required for the establishment of autonomy. It reasons that universal educational programs are insufficient for the promotion of autonomy, and therefore argues on substantive autonomy grounds for comprehensive family planning programs in addition to universal education programs. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...) article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

In this article the extent to which stories and personal narratives can and should be used to inform education policy is examined. A range of studies describable as story or personal narrative is investigated. They include life-studies, life-writing, life history, narrative analysis, and the representation of lives. We use 'auto/biography' as a convenient way of grouping this range under one term. It points to the many and varied ways that accounts of self interrelate and intertwine with accounts of others. That (...) is, auto/biography illuminates the social context of individual lives. At the same time it allows room for unique, personal stories to be told. We do not explicitly discuss all the different forms of auto/biography. Rather, we investigate the epistemology underlying the personal story in the context of social action. We discuss the circumstances in which a story may validly be used by educational policy makers and give some examples of how they have done so in the past. (shrink)

Die empirische Ethik sieht ihre eigene Aufgabe darin, soziale und kulturelle Aspekte der Medizin zu berücksichtigen. Damit trennt sie den wissenschaftlich kognitiven Aspekt der Medizin von kulturell normativen Aspekten, die einzig sozialwissenschaftlich zu erforschen wären. Wenn Medizin aber als gesellschaftliche Praxis begriffen wird, wird die saubere Trennung zwischen naturwissenschaftlicher Medizin, kulturell-normativen Aspekten und ethischer Reflexion durchbrochen. Wir schlagen vor, ethische Reflexion und empirische sozialwissenschaftliche Forschung in mehrstufiger Weise aufeinander zu beziehen. Den Sozialwissenschaften kommt dabei die Funktion einer ersten Reflexionsinstanz der (...) medizinischen Praxis zu, an die in einem zweiten Schritt die Medizinethik reflexiv anschließt und sich dabei wieder einer soziologischen Kritik stellen muss. (shrink)

This paper aims to square our considered judgements about the moral significance of healthcare with various empirical and conceptual challenges about its role in a theory of justice. I do so by defending the moral significance of healthcare by reference to a central but neglected dimension – healthcare’s expressive function. Over and above its influence on health outcomes and other metrics of justice (such as opportunity or welfare), and despite its relatively limited impact on population health outcomes, healthcare expresses respect (...) for individuals in a distinctive and morally salient way. Grounding the moral significance of healthcare in this way not only highlights an important distinguishing feature of healthcare, but it also makes our support for healthcare immune from several powerful objections against its significance. This conclusion has important implications for theorists of (health) justice and for political philosophers more widely, highlighting the appropriate role of healthcare within public policy and normative theorising about theories of justice. (shrink)

BackgroundVulnerability is a key concept in traditional and contemporary bioethics. In the philosophical literature, vulnerability is understood not only to be an ontological condition of humanity, but also to be a consequence of contingent factors. Within bioethics debates, vulnerable populations are defined in relation to compromised capacity to consent, increased susceptibility to harm, and/or exploitation. Although vulnerability has historically been associated with older adults, to date, no comprehensive or systematic work exists on the meaning of their vulnerability. To fill this (...) gap, we analysed the literature on aged care for the meaning, foundations, and uses of vulnerability as an ethical concept.MethodsUsing PRISMA guidelines, we conducted a systematic review of argument-based ethics literature in four major databases: PubMed, Embase®, Web of Science™, and Philosopher’s Index. These covered biomedical, philosophy, bioethical, and anthropological literature. Titles, abstracts, and full texts of identified papers were screened for relevance. The snowball technique and citation tracking were used to identify relevant publications. Data analysis and synthesis followed the preparatory steps of the coding process detailed in the QUAGOL methodology.ResultsThirty-eight publications met our criteria and were included. Publication dates ranged from 1984 to 2020, with 17 publications appearing between 2015 and 2020. Publications originated from all five major continents, as indicated by the affiliation of the first author. Our analyses revealed that the concept of vulnerability could be distinguished in terms of basic human and situational vulnerability. Six dimensions of older adults’ vulnerability were identified: physical; psychological; relational/interpersonal; moral; sociocultural, political, and economic; and existential/spiritual. This analysis suggested three ways to relate to older adults’ vulnerability: understanding older adults’ vulnerability, taking care of vulnerable older adults, and intervening through socio-political-economic measures.ConclusionsThe way in which vulnerability was conceptualised in the included publications overlaps with distinctions used within contemporary bioethics literature. Dimensions of aged care vulnerability map onto defining features of humans, giving weight to the claim that vulnerability represents an inherent characteristic of humans. Vulnerability is mostly a value-laden concept, endowed with positive and negative connotations. Most publications focused on and promoted aged care, strengthening the idea that care is a defining practice of being human. (shrink)

In order to make some headway on the debate about whether Kant was a constructivist, nonconstructivist, or instead defends a hybrid view that somehow entirely sidesteps these categories, I attempt to clarify the terms of the debate more carefully than is usually done. First, I discuss the overall relationship between realism and constructivism. Second, I identify four main features of Kantian constructivism in general. Third, I examine three rival versions of metanormative Kantian constructivism, what I’ll call axiological, constitutivist, and rationalist (...) constructivist. I argue that Kant is best seen as a rationalist constructivist. I conclude by arguing that although it’s a constructivist view, this reading avoids the main pitfalls of traditional Kantian constructivism. In doing so, it helps us to achieve a satisfying rapprochement between constructivist and non-constructivist readings of Kant. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Creating the Conditions for Intergenerational Justice: Social Capital and ComplianceAdelin-Costin DumitruIntroductionSuppose philosophers succeeded in putting forward two equally desirable theories of intergenerational justice. Both of them fare extremely well in regard to either a case-implication critique or a prior-principle strategy of argumentation (with the former requiring us to check the implications of a principle in counterfactual cases, and the latter testing the compatibility of a principle with certain more (...) fundamental values, according to Sen [197]). How are we to decide between them? To the extent that we believe that one of the purposes of political philosophy is to issue achievable and desirable recommendations (Stemplowska 319) or to be action-guiding (Swift 363), we might compare the two by applying a feasibility criterion. Such a criterion indicates that a state of affairs could be realized “if we were to summon sufficient practical will and direct our (individual or collective) efforts in the right direction” (Gheaus 450). In our case, the decision is a relatively easy one: both theories pass a threshold of acceptability and thus we would be morally justified in attempting to bring them about. Furthermore, by stipulation, world A in which theory x were implemented would be equally desirable as world B, in which theory y were implemented. The only distinction would be one concerning their feasibility.Nonetheless, this scenario is usually not one that is available to us. If theories differ based on their desirability as well as their feasibility, how are we to choose? One option would be to choose that moral theory which best satisfies the criteria mentioned by Buchanan, of moral accessibility, feasibility, and accessibility (Justice, Legitimacy). However, feasibility entails not only a static conception of duties, but a dynamic one, in which we postulate that agents have “duties that do not focus merely on what can be done in given [End Page 20] circumstances, but also on how to change circumstances so that new things can be done” (Gilabert and Lawford-Smith 812). In the present article, I argue that taking the idea of dynamic duties seriously requires that we redirect our efforts and resources toward those actions that would maximize the probability of achieving a successful transition from a non-ideal to an ideal state of the world. The argument is that, in the specific context of intergenerational justice, we ought to pay more attention to the matter of social capital extant in a society, if we want to achieve the ends of an intergenerational theory of justice. The concept of social capital puts under the same umbrella distinct features of social life such as networks and civic engagement, the role of reciprocity and trust in building institutions, and the effects that informal rules and institutions have on formal ones (Ostrom and Ahn, “Social Science Perspective” 4). Intuitively, these aspects are relevant for an account of intergenerational justice. The particular way in which they are relevant will be detailed later in this article.The claim that I defend is that the higher the level of social capital in a community, the more probable it will be that individuals are willing to redistribute resources to future generations. The underlying assumption that holds throughout the article is that public justification is important in construing a defense of a conception of justice. I proceed as follows. In the first section, I present an account of social capital. In the second section, I present the literature connecting social capital to political philosophy. In the third section, I argue why developing social capital is a worthwhile goal to pursue if we want to achieve intergenerational justice. The fourth section presents a series of measures that can increase the level of social capital. The fifth section responds to a series of potential objections that could be raised and concludes the paper.The Many Faces of Social CapitalMuch of the intellectual history of the twentieth century was dedicated to institutions and their function in shaping the social, economic, cultural, and political order. In a comprehensive definition put forward by March and Olsen, institutions represent “routines, procedures, conventions, roles, strategies, organizational forms, technologies..., beliefs, paradigms, codes, cultures and knowledge that surround, support, elaborate, and... (shrink)

Despite the fact that business people and business students often cast doubt on the relevance of universal moral principles in business, the rejection of relativism is a precondition for business ethics to get off the ground. This paper proposes an educational strategy to overcome the philosophical confusions about relativism in which business people and students are often trapped. First, the paper provides some conceptual distinctions and clarifications related to moral relativism, particularism, and virtue ethics. More particularly, it revisits arguments demonstrating (...) that virtues in business are not in contradiction with the relevance of universal principles, despite the fact that virtue ethics is often identified with particular relationships and contexts. It goes on to show how students and managers, but also researchers, often mix up radically different conceptions of moral relativism. It is also argued that this confusion is in part created by the cross-cultural management literature in which the methodological stance of the value-freedom of the social sciences is, in a perplexingly mistaken way, transformed into a rejection of all normative discussion and a plea for relativism. The remainder of the paper presents some tools that may be helpful in steering people toward less simplistic views about moral relativism and virtue ethics. It further argues that it is equally important to spell out that moral universalism can be understood in a humble way, without implying either arrogant ethnocentrism or omniscience, as part of an ongoing debate that progresses gradually. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

Journal of Philosophy of Education, Volume 55, Issue 6, Page 935-948, December 2021.

This article challenges the received view on the role of motivations in contemporary theories of social justice. Neo-Kantians argue that a theory of justice must be rooted in moral motivations of reasonableness, not rationality. Yet reasonableness is a demanding motivation, stipulating actions that people may not be able or willing to perform. This opens egalitarians like Rawls to the accusation of prescribing a political philosophy that is not 'followable'. The aim of this article is to explore the benefits for egalitarian (...) theories of justice of sanctioning both rational and reasonable motivations. Being vulnerable to self-regarding passions, people often fail to act upon the principles of fairness or impartiality, even when they are motivated by their sense of justice. The institutions of justice must therefore find a way to fortify and encourage the development of our sense of justice. This can be achieved by giving people a rational incentive to act upon and therefore engender their sense of justice. Finding ways to motivate people to act justly is the most pressing challenge facing egalitarian justice today. (shrink)