Public health is concerned with increasing the health of the community at whole. Insofar as health is a ‘good’ and the community constitutes a ‘public’, public health by definition promotes a ‘public good’. But ‘public good’ has a particular and much more narrow meaning in the economics literature, and some commentators have tried to limit the scope of public health to this more narrow meaning of a ‘public good’. While such a move makes the content of public health less controversial, (...) it also strips important goals from the realm of public health, goals that traditionally have been, and morally should be, a part of it. Instead, I will argue, while public health should be defined by public goods, it should be defined by a broader conception of public goods that I shall call ‘normative public goods’, goods that ought to be treated as if they were public goods in the more narrow sense. (shrink)

A note ofurgencycan sometimes be heard, even in otherwise unhurried writers, when they ask for a justification of morality. Unless the ethical life, or morality, can be justified by philosophy, we shall be open to relativism, amoralism, and disorder. As they often put it: when an amoralist calls ethical considerations in doubt, and suggests that there is no reason to follow the requirements of morality,what can we say to him?Why should one be moral? This question is nearly as old as (...) the discipline of moral philosophy itself; it has been troubling ethicists ever since Glaucon challenged Socrates to disprove that “the life of the unjust man is much better than that of the just.” To find an answer to the question of why one should be moral has been taken to be one of the most fundamental tasks of moral philosophy. And even a casual survey of the history of ethics will reveal that there are many ways of trying to answer the question. (shrink)

In recent years the distinction between agent-relative and agent-neutral reasons has been taken by many to play a key role in distinguishing deontology from consequentialism. It is central to all universalist consequentialist theories that value is determined impersonally; the real value of any state of affairs does not depend on the point of view of the agent. No reference, therefore, to the agent or to his or her position in the world need enter into a consequentialist understanding of what makes (...) an action right or wrong or morally permissible. Consequentialism thus provides an agent-neutral account of both the right and the good. (shrink)

The worst possible way to resolve this issue is to leave it up to individual choice. There is no known social good coming from the conquest of death (Bailey, 1999). - Daniel Callahan Dramatically extending the human lifespan seems increasingly possible. Many bioethicists object that life-extension will have Malthusian consequences as new Methuselahs accumulate, generation by generation. I argue for a Life-Years Response to the Malthusian Objection. If even a minority of each generation chooses life-extension, denying it to them deprives (...) them of many years of extra life, and their total extra life-years are likely to exceed the total life-years of a majority who do not want life-extension. This is a greater harm to those who want extended life than the Malthusian harms to those who refuse extended life, both because losing an extra year of life is worse than enduring a year of Malthusian conditions, and because the would-be Methuselahs have more life-years at stake. Therefore, even if life-extension seems likely to cause severe overcrowding and resource shortages, that threat is not sufficient to justify society in restricting the development or availability of life-extension. (shrink)

Psychiatry widely assumes an internalist biomedical model of mental illness. I argue that many of psychiatry’s diagnostic categories involve an implicit commitment to constitutive externalism about mental illness. Some of these categories are socially externalist in nature.

Though the papers in this volume for the most part address the question, “What is Christian about Christian Bioethics”, this paper addresses instead a closely related question, “How would a Christian approach to bioethics differ from the kind of secular academic bioethics that has emerged as such an important field in the contemporary university?” While it is generally assumed that a secular bioethics rooted in moral philosophy will be more culturally authoritative than an approach to bioethics grounded in the contingent (...) particularities of a religious tradition, I will give reasons for rejecting this assumption. By examining the history of the recent revival of academic bioethics as well as the state of the contemporary moral philosophy on which it is based I will suggest that secular bioethics suffers from many of the same liabilities as a carefully articulated Christian bioethics. At the end of the paper I will turn briefly to examine the question of how, in light of this discussion, a Christian bioethics might best be pursued. (shrink)

This paper is a brief reponse to some of Douglas Portmore's criticisms of our version of the agent-relative/agent-neutral distinction.

Within the climate justice debate, the ‘beneficiary pays’ principle holds that those who benefit from greenhouse emissions associated with industrialization ought to pay for the costs of mitigating and adapting to their adverse effects. This principle constitutes a claim of inter-generational justice, and it is widely believed that the non-identity problem raises serious difficulties for any such claim. After briefly sketching the rationale behind ‘beneficiary pays,’ this paper offers a new way of understanding the claim that persons in developed societies (...) have benefited from industrialization. It argues that when we think of the claim in this new way, it evades the non-identity problem entirely. Some objections to this approach are then considered and rebutted. The paper concludes by comparing the present, relatively modest solution to the nonidentity problem with a much more ambitious attempt from the recent literature. (shrink)

This work motivates the Combined Model for Combining Ideals, which Larry Temkin introduces in “sketch” form in Rethinking the Good, and goes on to begin filling in the details of the sketch. It argues that the Combined Model for Combining Ideals is most plausible when there are upper and lower caps on the extent to which an ideal can add to or subtract from the overall goodness of an outcome, but the caps for different values can and should differ.

Call the proposition that the good life consists of excellent, distinctively human activity the Aristotelian Thesis. I think of a photograph I clipped from the New York Times as vividly depicting this claim. It shows a pianist, David Golub, accompanying two vocalists, Victoria Livengood and Erie Mills, at a tribute for Marilyn Home. All three artists are in fine form, exercising themselves at the height of their powers. The reason I saved the photo, however, is Mr. Golub's face. He is (...) positively grinning, as if saying to himself, “And they pay me to do this?”. (shrink)

George Terzis makes several objections to claims and arguments I advanced in Impartial Reason. I cannot take them all up, but I would like to respond to some, which I shall group into three: whether reasons depend on norms applying to all rational agents; how the unity of agency relates to such norms; and the self-support condition. Since the objections concerning cut most deeply against the central thesis of Impartial Reason, I shall begin with them. Before I do that, however, (...) I should make some preliminary remarks.Impartial Reason offers an internalist theory of reasons, but one that is, I believe, more sensitive to the normative character of reasons than internalist theories usually are.1 A theory of reasons is internalist if it holds that something's being a reason depends somehow on its capacity to affect motivation. Unlike internalist theories that identify reasons with de facto motives, however, IR insists on the normative character of reasons as tending to justify conduct as rational. It does this by holding that a reason to act is something which motivates when appropriately considered. The normative or justificatory weight of reasons, then, is held to derive from a normative ideal of rational consideration. Reasons inherit as justificatory weight the motivational force they would come to have in an ideally rational process of practical reflection. (shrink)

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we would sensibly want, insofar as we care about her. First, (...) however, a tale: There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests? (shrink)

How can an agent's desire or will give him reasons for acting? Not long ago, this might have seemed a silly question, since it was widely believed that all reasons for acting are based in the agent's desires. The interesting question, it seemed, was not how what an agent wants could give him reasons, but how anything else could. In recent years, however, this earlier orthodoxy has increasingly appeared wrongheaded as a growing number of philosophers have come to stress the (...) action-guiding role of reasons in deliberation from the agent's point of view. What a deliberating agent has in view is rarely his own will or desires as such, even if taking something as a reason is intimately tied to desire. Someone who wants to escape a burning building does not evaluate her options by considering which is likeliest to realize what she wants or wills. She is focused, rather, on her desire's object: getting out alive. The fact that a successful route would realize something she wants is apt to strike her as beside the point or, at best, as a trivial bonus. (shrink)

Derek Parfit's Reasons and Persons (1984) mounted a striking defense of Act Consequentialism against a Rawls-inspired Kantian orthodoxy in moral philosophy. On What Matters (2011) is notable for its serious engagement with Kant's ethics and for its arguments in support of the “Triple Theory,” which allies Rule Consequentialism with Kantian and Scanlonian Contractualism against Act Consequentialism as a theory of moral right. This critical notice argues that what underlies this change is a view of the deontic concept of moral rightness (...) that ties it closely to blameworthiness and accountability in a way that effectively concedes a Rawlsian publicity condition. It is also argued that Parfit's arguments that Kantian and Scanlonian Contractualism entail Rule Consequentialism can be resisted. Two elements of Parfit's metaethics are critically discussed. First, concerning Parfit's arguments against subjectivist theories of practical reason, it is argued that a form of subjectivist theory exists that is not only consistent with Parfit's claim that all reasons for acting are object rather than state given, but that can support that claim. Second, it is argued that Parfit's arguments against identifying normative with natural statements and facts do not transfer seamlessly to identifying normative with natural properties. (shrink)

I develop and argue for a kind of externalism about certain kinds of non-doxastic attitudes that I call policy externalism. Policy externalism about a given type of attitude is the view that all the reasonable policies for having attitudes of that type will not involve the agent's beliefs that some relevant conditions obtain. My defense primarily involves attitudes like hatred, regret, and admiration, and has two parts: a direct deductive argument and an indirect linguistic argument, an inference to the best (...) explanation of some strange ways we use certain conditionals. The main thought throughout is that attitudes we reason with, like belief, are very different from attitudes we don't reason with, in a way that constrains the former but not the latter. Finally, I investigate some consequences of policy externalism, including that it secures the possibility of genuine conditional apologies. (shrink)

Brian Garrett claims, in defence of Gaunilo’s Perfect Island and contra Plantinga, that ‘Properly understood, the great-making qualities of an island are maximal’. This article demonstrates that they are not, thus ‘the greatest conceivable island’ remains an incoherent concept and Gaunilo’s parody fails.

This paper responds to discussion and criticism contained in a mini-symposium on Just health: meeting health needs fairly. The replies clarify existing positions and modify or develop others, specifically in response to the following: Thomas Schramme criticises the claim that health is of special importance because of its impact on opportunity, and James Wilson argues that healthcare is not of special importance if social determinants of health have a major causal impact on population health. Annette Rid is concerned that the (...) relevance condition in accountability for reasonableness is unclear and does little work. Harald Schmidt aims to flesh out where an account of responsibility for health should go since one is under-developed in Just health. Michael Schefczyk and Susanne Brauer challenge aspects of the prudential lifespan account. Samia Hurst asks what impact a population view should have on clinician obligations. (shrink)

Different conceptions of the nature of subjects of experience have very different implications for the sort of relationship which exists between subjects and their experiences. On my preferred view, since subjects consist of nothing but capacities for experience, the ‘having’ of an experience amounts to a subject’s producing it. This relationship may look to be problematic, but I argue that here at least appearances are deceptive. I then move on to consider some of the ways in which experiences can seem (...) to have subjects or owners, and argue that those who take a ‘sense of self’ to be an essential feature of all forms of consciousness may well be mistaken. (shrink)

Death can be bad for an individual who has died, according to the “deprivation approach,” by depriving that individual of goods. One worry for this account of death’s badness is the Lucretian symmetry argument: since we do not regret having been born later than we could have been born, and since posthumous nonexistence is the mirror image of prenatal nonexistence, we should not regret dying earlier than we could have died. Anthony Brueckner and John Martin Fischer have developed a response (...) to the Lucretian challenge by arguing that it is rational to have asymmetric attitudes toward posthumous and prenatal nonexistence. Recently, Jens Johansson has criticized the Brueckner/Fischer position, claiming that it is irrelevant whether it is actually rational to care about future pleasures but not past pleasures. What matters, according to Johansson, is whether it would be rational for us to care about past pleasures had we come into existence earlier. In this paper, I add to the conversation between Johansson and Brueckner/Fischer by suggesting a way to defend the latter side’s position in a way that has not yet been suggested. I do this by considering a suggestion of Johansson’s for interpreting the Brueckner/Fischer position and by arguing that Johansson’s worry for the position I consider is actually incoherent. (shrink)

According to John Martin Fischer and Anthony Brueckner’s unique version of the deprivation approach to accounting for death’s badness, it is rational for us to have asymmetric attitudes toward prenatal and posthumous nonexistence. In previous work, I have defended this approach against a criticism raised by Jens Johansson by attempting to show that Johansson’s criticism relies on an example that is incoherent. Recently, Duncan Purves has argued that my defense reveals an incoherence not only in Johansson’s example but also in (...) Fischer and Brueckner’s approach itself. Here I argue that by paying special attention to a certain feature of Fischer and Brueckner’s approach, we can dispense of not only Johansson’s criticism but also of Purves’s objection to Fischer and Brueckner’s approach. (shrink)

In his 1973 paper ?The Justification of Education? R.S. Peters aspired to give a non-instrumental justification of education. Ever since, his so-called ?transcendental argument? has been under attack and most critics conclude that it does not work. They have, however, thrown the baby away with the bathwater, when they furthermore concluded that Peters? justificatory project itself is futile. This article takes another look at Peters? justificatory project. As against a Kantian interpretation, it proposes an axiological-perfectionist interpretation to bring out the (...) permanent importance of this project and suggests some possible strategies for its successful execution. (shrink)

Autonomy is, among other things, an actual psychological condition, a capacity that can be developed, and an educational ideal. This paper contextualises, analyses, criticises and extends the theory of Richard S. Peters on these three aspects of autonomy.

Philosophy and Phenomenological Research, EarlyView.

In this paper, we will discuss the prospect of human reproduction achieved with gametes originating from only one person. According to statements by a minority of scientists working on the generation of gametes in vitro, it may become possible to create eggs from men’s non-reproductive cells and sperm from women’s. This would enable, at least in principle, the creation of an embryo from cells obtained from only one individual: ‘solo reproduction’. We will consider what might motivate people to reproduce in (...) this way, and the implications that solo reproduction might have for ethics and policy. We suggest that such an innovation is unlikely to revolutionise reproduction and parenting. Indeed, in some respects it is less revolutionary than in vitro fertilisation as a whole. Furthermore, we show that solo reproduction with in vitro created gametes is not necessarily any more ethically problematic than gamete donation—and probably less so. Where appropriate, we draw parallels with the debate surrounding reproductive cloning. We note that solo reproduction may serve to perpetuate reductive geneticised accounts of reproduction, and that this may indeed be ethically questionable. However, in this it is not unique among other technologies of assisted reproduction, many of which focus on genetic transmission. It is for this reason that a ban on solo reproduction might be inconsistent with continuing to permit other kinds of reproduction that also bear the potential to strengthen attachment to a geneticised account of reproduction. Our claim is that there are at least as good reasons to pursue research towards enabling solo reproduction, and eventually to introduce solo reproduction as an option for fertility treatment, as there are to do so for other infertility related purposes. (shrink)

In population ethics, Narveson’s dictum states: morality favours making people happy, but is neutral about making happy people. The thought is intuitively appealing; for example, it prohibits creating new people at the expense of those who already exist. However, there are well-known obstacles to accommodating Narveson’s dictum within a standard framework of overall betterness: any attempt to do so violates very plausible formal features of betterness. Therefore, the prevailing view is that the dictum is off-limits to consequentialists, who are thereby (...) committed to the unsavoury normative consequences of denying it. We argue against the prevailing view, by showing that Narveson’s dictum can be accommodated within “multidimensional” consequentialism. The key move is to deny the normative preeminence of overall betterness, instead taking moral decision-making to rest directly on “respects” of betterness. The multidimensional approach permits a consequentialist account of Narveson’s dictum in which betterness is well-behaved. It also yields a new way to think of the connection between goodness and rightness, thus revealing new terrain in the space of possible moral theories. (shrink)

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values (...) that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time. (shrink)

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

This paper concerns the relation between goodness, or value, and practical reasons, and in particular the so-called ‘buck-passing’ account (BPA) of that relation recently offered by T. M. Scanlon, according to which goodness is not reason-providing but merely the higher-order property of possessing lower-order properties that provide reasons to respond in certain ways. The paper begins by briefly describing BPA and the motivation for it, noting that Scanlon now accepts that the lower-order properties in question may be evaluative. He also (...) insists that the BPA is not biconditional (wisely, since otherwise goodness becomes a ‘Cambridge property’), which leaves him with the task of explaining why goodness arises only in a sub-set of cases in which lower-order properties ground reasons. Having rejected two attempts to do this, based on elucidation of the responses and of the reasons, I suggest that Scanlon may claim that goodness arises in, and only in, cases where the lower-order properties are evaluative and that goodness itself provides us with a way of distinguishing the evaluative from the non-evaluative. In other words, he should retain the negative component of BPA, according to which being good is not itself reason-providing, while surrendering the positive, according to which the property of goodness is merely the higher-order property of having lower-order properties that provide reasons to respond. CiteULike Connotea Del.icio.us What's this? (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

The philosophical problem of personal identity has been widely discussed in contemporary analytic philosophy. The disputes over identity throughout time abound in references to thought experiments, excluding any connection to practical problems or to scientific knowledge and biotechnological practices. Nevertheless, some real cases challenge the pure metaphysical formulation of the problem and also show how science has an indubitable impact on the issue of identity. I will discuss the case of approximately 500 children who were appropriated during the most recent (...) Argentinian dictatorship (1976–1983), as well as their restitution thanks to Abuelas de Plaza de Mayo’s fight and certain genetics outcomes. I will examine an alleged notion of genetic identity thought to have stemmed from the restitution phenomenon; and I will argue against some criticisms to that notion departing from contemporary philosophy of biology and philosophy of science. Particularly, I will discuss if a genetic stance of personal individual identity can be considered as supported by contemporary biological knowledge; and if a pluralistic perspective on scientific practice that appraises the role of values allows us to maintain the reference to DNA regarding identity but overcoming aforementioned criticisms. (shrink)

In recent years, direct brain interventions have shown increased success in manipulating neurobiological processes often associated with moral reasoning and decision-making. As current DBIs are refined, and new technologies are developed, the state will have an interest in administering DBIs to criminal offenders for rehabilitative purposes. However, it is generally assumed that the state is not justified in directly intruding in an offender’s brain without valid consent. Thomas Douglas challenges this view. The state already forces criminal offenders to go to (...) jail without their consent. This represents a serious interference with an offender’s rights. If criminal offenders are already morally liable to incarceration, why is the state not also entitled to administer DBIs without consent for the purposes of rehabilitation? Douglas argument focuses on the right to ‘bodily integrity’. He argues that there is no compelling reason to believe that bodily rights that protect an offender from non-consensual DBIs are stronger than rights that protect an offender from incarceration. This paper will extend Douglas’ analysis. It will consider the more fundamental right to ‘mental integrity’. The right to mental integrity defends an inner sphere of liberty. It protects critical capacities necessary for the exercise of autonomous human agency—without which a vast majority of moral rights could not exist. Thus, the right to mental integrity is ultimately more important for a moral assessment of DBIs. The right strongly suggests that both presently, and in the future, there may be many cases in which the state is not entitled to administer DBIs to criminal offenders without valid consent. (shrink)

It is commonly claimed that rule consequentialism (utilitarianism) collapses into act consequentialism, because sometimes there are benefits from breaking the rules. I suggest this argument is less powerful than has been believed. The argument requires a commitment to a very particular (usually implicit) account of feasibility and constraints. It requires the presupposition that thinking of rules as the relevant constraint is incorrect. Supposedly we should look at a smaller unit of choice—the single act—as the relevant choice variable. But once we (...) see feasibility as a matter of degree, there is no obvious cut-off point for how broadly we should think about the constraints on our choices. Treating “a bundle of choices” as a relevant free variable is no less defensible than treating “a single act” as the relevant free variable. Rule utilitarianism, rule consequentialism, and other rules-based approaches are stronger than their current reputation. (shrink)

Ronald Dworkin introduced the example of Margo, who was so severely demented that she could not recognise any family or friends, and could not remember anything of her life. At the same time, however, she seemed full of childish delight. Dworkin also imagines that, before her dementia, Margo signed an advance refusal of life-saving treatment. Now severely demented, she develops pneumonia, easy to treat, but lethal if untreated. Dworkin argues that the advance refusal ought to be heeded and Margo be (...) allowed to die of that pneumonia, on the basis that the prior refusal expresses her true wishes. In this paper I want to challenge Dworkin’s understanding of identity and his conclusion about advance refusals, and I develop my argument in two directions. First, I argue that the demented Margo is not some ‘lesser’ version of the ‘true’ Margo, but instead that the present Margo’s wishes should take precedence over those of the past Margo, on the grounds that all of us are entitled to change our minds. Second, I argue for a stronger role for friends and family members in sustaining the demented Margo’s identity through her years of decline. Based on this, I argue for a presumption against the advance refusal, but I allow that in extreme cases, a friend might have the authority to demand that it be heeded. (shrink)

In engaging with the repugnant conclusion many contemporary philosophers, economists and social scientists make claims about what a minimally good life is like. For example, some claim that such a life is quite good by contemporary standards, and use this to defend classical utilitarianism, whereas others claim that it is not, and use this to uphold the challenge that the repugnant conclusion poses to classical utilitarianism. I argue that many of these claims—by both sides—are not well-founded. We have no sufficiently (...) clear sense of what a minimally good life is like. It is a result of this that the repugnant conclusion doesn’t license us in drawing any interesting conclusions. (shrink)

Let me begin with what may seem a very minor point, but one which I think reveals something about how many philosophers today conceive of their subject. During the past few decades, there has been an increasing tendency for references in philosophy books and articles to be formatted in the ‘author and date’ style (‘see Fodor (1996)’, ‘see Smith (2001)’.) A neat and economical reference system, you may think; and it certainly saves space, albeit inconveniencing readers by forcing them to (...) flip back to the end of the chapter or book to find the title of the work being referred to. But what has made this system so popular among philosophers? A factor which I suspect exerts a strong subconscious attraction for many people is that it makes a philosophy article look very like a piece of scientific research. For if one asks where the ‘author-date’ system originated, the answer is clear: it comes from the science journals. And in that context, the choice of referencing system has a very definite rationale. In the progress-driven world of science, priority is everything, and it's vitally important for a career that a researcher is able to proclaim his work as breaking new ground. Bloggs (2005) developed a technique for cloning a certain virus; Coggs (2006) showed how certain bits of viral DNA could be spliced; and now Dobbs (2007) draws on both techniques to develop the building blocks of a new vaccine. The idea is that our knowledge-base is enhanced, month by month and year by year, in small incremental steps (perhaps with occasional major breakthroughs); and in the catalogue of advances, the date tagged to each name signals when progress was made, and by whom. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

It is commonplace to criticize utilitarianism on the ground that it does not take moral rights seriously; that it cannot account for the rights we have, and for their role in constraining our pursuit of the overall good. Wayne Sumner does not directly address this criticism in The Moral Foundation of Rights. Instead he attempts to show that consequentialism can defeat nihilism about rights: the view that there are no moral rights at all.

Some ways of defending inequality against the charge that it is unjust require premises that egalitarians find easy to dismiss—statements, for example, about the contrasting deserts and/or entitlements of unequally placed people. But a defense of inequality suggested by John Rawls and elaborated by Brian Barry has often proved irresistible even to people of egalitarian outlook. The persuasive power of this defense of inequality has helped to drive authentic egalitarianism, of an old-fashioned, uncompromising kind, out of contemporary political philosophy. The (...) present essay is part of an attempt to bring it back in. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

To evaluate the overall good/welfare of any action, policy or institutional choice we need some way of comparing the benefits and losses to those affected: we need to make interpersonal comparisons of the good/welfare. Yet sceptics have worried either: that such comparisons are impossible as they involve an impossible introspection across individuals, getting ‘into their minds’; that they are indeterminate as individual-level information is compatible with a range of welfare numbers; or that they are metaphysically mysterious as they assume the (...) existence either of a social mind or of absolute levels of welfare when no such things exist. This article argues that such scepticism can potentially be addressed if we view the problem of interpersonal comparisons as fundamentally an epistemic problem – that is, as a problem of forming justified beliefs about the overall good based on evidence of the individual good. (shrink)