Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating it in his (...) broader moral and political philosophy. This move grounds the followability requirement, which is necessary to resolve the dilemma. (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)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (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)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights (...) on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

To act akratically is to act, knowingly, against what you judge is best for you to do, and it is traditionally assumed that to do this is to be weak-willed. Some have rejected this identification of akrasia and weakness of will, arguing that the latter is instead best understood as a matter of abandoning one's reasonable resolutions. This paper also rejects the identification of akrasia and weakness of will, but argues that this alternative conception is too broad, and that weakness (...) of will is best understood in relation to certain kinds of pain and pleasure. Moreover, the phenomenon of strong-willed akrasia, cases in which a person must exhibit strength of will to do precisely what she judges she should not do, suggests that strength of will is an executive virtue, and that being weak-willed is just one way (among others) in which a person can fail to manifest this virtue. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Solidarity is one of the central concepts in social theory and has gained much attention due to the multiple challenges that the EU has been facing the last decade and due to the most recent COVID-19 pandemic. Although the debate on the nature and conditions of solidarity has been revitalized, there remains a large variety in how to conceptualize solidarity. In contrast to other approaches, we do not conceive solidarity as normative concept, but as descriptive–analytical one. Therefore, we provide a (...) theory-based definition that is prone to capture the empirical dimensions of solidarity. Accounting for the dynamic and interactive character of solidarity as subject to permanent societal and political renegotiation, we conceptualize solidarity from a discourse perspective and follow a multilevel design breaking down the understandings of solidarity on different levels. This approach contributes to the research of solidarity that is interested to capturing the ‘real world’ dimensions of solidarity. (shrink)

People currently regard justice as the main principle of institutions and society, while in ancient Greek people took it as the virtue of citizens. This article analyzes Aristotle’s virtue of justice in his method of virtue ethics, discussing the nature of virtue, how justice is the virtue of citizens, what kind of virtue the justice of citizens is, and the prospect of the virtue of justice against a background of institutional justice. Since virtue can be said to be a specific (...) individual character, Aristotle also defines the virtue of justice as the character of justice, with which citizens act justly and desire to do what is just. The virtue of justice is also an individual ethical virtue, differing from others for it is at the same time a social ethic. We can call the virtue of justice a “non-individual individual ethical virtue.” It has been explained as between pure altruism and egoism, which is a wrong explanation. John Rawls regards justice as the first virtue of social institutions, challenging Aristotle’s virtue of justice, an assertion which also needs further deliberation. (shrink)

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the (...) threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good. (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)

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people’s rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary necessary to reframe (...) such pressing global problems and to find adequate economic solutions; it will also deliver the basis for deriving according duties and duty-bearers – the language of rights is congruent with the language of justice and as such it is inevitably and at the same time the language of obligations. The language of obligations exposes the multinational corporation as one of the main agents of justice in the global economy. Taking distributive justice as a starting point for reflection, a consistent derivation of the multinational’s moral obligations must focus on capabilities rather than on causality. This will lead to a shift from merely passive to active duties and accordingly to a stronger emphasis on the corporation’s contribution to the realization of positive rights. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This (...) is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

This paper is a survey of the generalism-particularism debate in ethics.

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)

RésuméCette analyse situe la théorie du soin d'Asha Bhandary, telle que définie dans Freedom to Care, dans l'histoire de la philosophie, note certaines caractéristiques distinctives de la théorie qui font clairement évoluer la tradition de la théorie du soin, et soulève des énigmes et des questions concernant des éléments spécifiques de la théorie. Mes remarques portent principalement sur la première partie du livre et sur les quatre sujets suivants : (1) les racines rawlsiennes de la théorie de Bhandary ; (2) (...) les échanges de Bhandary avec Eva Feder Kittay ; (3) le choix de Bhandary de prendre J.S. Mill et John Rawls comme principaux interlocuteurs historiques ; et enfin (4) le choix méthodologique de Bhandary de cibler les « hommes/pères », les « femmes/mères » et les « enfants/filles/garçons » dans une grande partie de son analyse. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

The claimability objection rejects the inclusion of a right to subsistence among human rights because the duties thought to correlate with this right are undirected, and thus it is not claimable. This objection is open to two replies: One denies that claimability is an existence condition on rights. The second suggests that the human right to subsistence actually is claimable. I argue that although neither reply succeeds on the conventional interpretation of the human right to subsistence, an alternative ‘practical’ interpretation (...) provides a viable approach to vindicating this right. (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 paper explores the relationship between normative international political theory and the politics of international law. It begins by arguing that a gap between the normative (in moral terms) and the moral (in legal and social terms) still exists in the literature before going on to examine an approach to closing this gap. This approach, it is argued, is common to a plurality of theoretical approaches including liberal cosmopolitanism, social constructivism and forms of particularism. In exploring ‘institutional moral reasoning’ or (...) ‘social moral epistemology’ the paper argues that respecting the institutional autonomy of the international legal order is a key component of the approach. In order to test the extent to which the various positions do respect the autonomy of the legal order the paper engages with an analysis of the extent to which human rights have become the key constitutive norm of global politics. (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)

This paper offers four arguments against a moral human right to health, two denying that the right exists and two denying that it would be very useful (even if it did exist). One of my sceptical arguments is familiar, while the other is not.The unfamiliar argument is an argument from the nature of health. Given a realistic view of health production, a dilemma arises for the human right to health. Either a state's moral duty to preserve the health of its (...) citizens is not justifiably aligned in relation to the causes of health or it does not correlate with the human right to health. It follows that no one holds a justified moral human right to health against the state.Education and herd immunity against infectious disease both illustrate this dilemma. In the former case, the state's moral duty correlates with the human right to health only if it demands too much from a cause of health; and in the latter, only if it demands nothing from a cause of health (that is, too little). (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)

Contemporary casuistry, informed by a centuries-old intellectual tradition within the Jesuit order of the Catholic Church, characteristically maintains that ethical judgment does not rely on abstract laws, general rules or universal principles. Ethical judgment is formed through a subtle activity of comparing prior, settled cases with the current problem one is experiencing. Judgment on moral matters is therefore thought to be highly context-dependent and requires a sensitivity to the unique facts and social circumstances of each case. This discussion reviews the (...) origins of casuistry within Jesuit thought and then examines the implications of casuistry for organizational ethics. Our central argument is that contemporary casuistry, while correct to emphasize the particularity of ethical judgment, is nonetheless compatible with an important role for general principles in ethical decision-making within organizations. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant's concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (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)

The hypothetical scenarios generally known as trolley problems have become widespread in recent moral philosophy. They invariably require an agent to choose one of a strictly limited number of options, all of them bad. Although they don’t always involve trolleys / trams, and are used to make a wide variety of points, what makes it justified to speak of a distinctive “trolley method” is the characteristic assumption that the intuitive reactions that all these artificial situations elicit constitute an appropriate guide (...) to real-life moral reasoning. I dispute this assumption by arguing that trolley cases inevitably constrain the supposed rescuers into behaving in ways that clearly deviate from psychologically healthy, and morally defensible, human behavior. Through this focus on a generally overlooked aspect of trolley theorizing – namely, the highly impoverished role invariably allotted to the would-be rescuer in these scenarios – I aim to challenge the complacent twin assumptions of advocates of the trolley method that this approach to moral reasoning has practical value, and is in any case innocuous. Neither assumption is true. (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)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles governing (...) wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (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)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

Psychological theory and research in ethical decision making and ethical professional practice are presently hampered by a failure to take appropriate account of an extensive background in moral philosophy. As a result, attempts to develop models of ethical decision making are left vulnerable to a number of criticisms: that they neglect the problems of meta-ethics and the variety of meta-ethical perspectives; that they fail clearly and consistently to differentiate between descriptive and prescriptive accounts; that they leave unexplicated the theoretical assumptions (...) derived from the underlying moral theories; and that they fail to accommodate the complexity and comprehensiveness of the processes involved in the making and implementing of ethical decisions. Many of these problems also have implications for the methodological domain. This paper offers an analysis of the difficulties, and makes a number of recommendations for future theory, research and practical applications, including: the need for training in moral philosophy; clarification of the status of Professional Codes in decisional models; the development of theoretically comprehensive prescriptive models; and the testing of these models in ways that do justice to their dimensional scope and theoretical complexity. (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)

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)

The ‘structural injustice’ framework is an increasingly influential way of thinking about historical injustice. Structural injustice theorists argue against reparations for historical injustice on the grounds that our focus should be on forward-looking responsibility for contemporary structural injustice. Through the use of a case study – the Caribbean Community 10-Point Plan for reparations from 2014 – I argue that this reasoning is flawed. Backward-looking reparations can be justified on the basis of state liability over time. The value of backward-looking reparations (...) is that they ensure that historical perpetrators do not evade their reparative obligations and that affected communities are taken seriously. However, I argue that this backward-looking approach should be supplemented by a forward-looking structural injustice approach and the ‘social connection model’ of responsibility, which can expand the scope of responsible agents and forms of injustice that warrant repair and explain how citizens living now can be expected to pay for crimes of the past. (shrink)

La ética ambiental nació como justa contestación a los excesos del antropocentrismo. Sin embargo, un énfasis obsesivo en lo ético y en lo ambiental, con el consiguiente olvido de lo antropológico, puede estar dañando la vida humana, la libertad de las personas y la vida en general. Abogamos aquí por la construcción de una ecología humana que vaya más allá y más al fondo que las éticas ambientales al uso. Defendemos que el humanismo es perfectamente compatible con el reconocimiento del (...) valor inherente de todos los seres naturales. Lo hacemos basándonos principalmente en algunas ideas de Hans Jonas, aunque rechazamos su heurística catastrofista. De él retomamos la idea de que existe una responsabilidad moral hacia los demás seres vivos, empezando por los más próximos en el tiempo y en el espacio, y hacia el libre florecimiento de las personas actuales. Con ello, también, se rebaja el peso de lo ético sobre nuestra acción ecológica. Esta ha de atender principalmente a criterios experienciales, antropológicos, científicos y de sentido común. Por último, defendemos que la política, la educación y la comunicación ambiental deben orientarse directamente hacia la libertad y el desarrollo virtuoso de las personas actuales, y no hacia el control de las mismas por culpabilización. El tránsito desde la ética ambiental hacia la ecología humana —concluimos— puede ser beneficioso tanto para las personas como para la naturaleza. (shrink)