In this article I draw on resources from the African philosophical tradition to construct a theory of human rights grounded on dignity that presents a challenge to the globally dominant, autonomy-based approach. Whereas the latter conceives of human rights violations as degradations of our rational nature, the former does so in terms of degradations of our relational nature, specifically, our capacity to be party to harmonious or friendly relationships. Although I have in the past presented the basics of the Afro-relational (...) approach, in this article I defend it from objections and also go on the offensive by arguing that understanding the human rights violations of torture and rape to be (roughly) behavior that treats innocent parties in an extremely discordant or unfriendly way is, if not more plausible than standard Kantian understandings, then at least a promising alternative to them. (shrink)

Abstract:Libertarianism is a political philosophy whose defenders have set its foundations in the principle of self-ownership. But self-ownership supplies an uncertain basis for such a theory as it is prone to a number of serious difficulties, some of which have been addressed by libertarians but none of which can ultimately be overcome. For libertarianism to be a plausible way of looking at the world, it must look elsewhere for its basic principles. In particular, it needs to rethink the way it (...) understands property and its foundations. (shrink)

Abstract:Self-ownership has fallen out of favor as a core moral and political concept. I argue that this is because the most popular conception of self-ownership, what I call the property conception, is typically linked to a libertarian (of the left or right) political program. Seeing self-ownership and libertarianism as being necessarily linked leads those who are not inclined toward libertarianism to reject the idea of self-ownership altogether. This, I argue, is a mistake. Self-ownership is a crucial moral and political concept (...) that can earn its keep if we understand it not as type of property right in the self, but rather as a set of territorial rights one has over one’s body. This territorial conception of self-ownership, which I call the sovereignty conception of self-ownership, avoids the traditional arguments raised against the property conception of self-ownership and has other benefits besides. Accepting this conception of self-ownership, I argue, has considerable moral and political benefits without taking on the costs associated with other forms of self-ownership. (shrink)

Several philosophers of education argue that schooling should facilitate students’ development of autonomy. Such arguments fall into two main categories: Student-centered arguments support autonomy education to help enable students to lead good lives; Public-goods-centered arguments support autonomy education to develop students into good citizens. Critics challenge the legitimacy of autonomy education—of the state imposing a schooling curriculum aimed at making children autonomous. In this paper, I offer a unified solution to the challenges of legitimacy that both arguments for autonomy education (...) face. I first defend a particular construal of liberal legitimacy, and then consider each legitimacy challenge in light of that construal. I argue that the legitimacy challenges confronting both types of argument can be overcome. Further, I explain why we should pursue both arguments, rather than resting the entire case for autonomy education on one or the other. I conclude that each argument—if it can justify autonomy education at all—can justify autonomy education consistent with the requirements of liberal democratic legitimacy. (shrink)

This paper discusses the problematic relation between liberalism and freedom of education, i.e. the right of parents to found schools in which they can educate their children in accordance with their particular conception of the good life. First, the educational and philosophical backgrounds of the conflict between liberalism and freedom of education are explicated. Secondly, it is suggested that freedom of education can be considered a liberal value. The right to freedom of education is interpreted as a group right, and (...) it is argued that it is both possible and desirable to defend, on certain conditions, group rights within liberalism. Finally, some consequences of this position for a liberal theory are spelled out. (shrink)

“Resilience” is booming. No longer a mere metaphor or abstract reference to dispositional properties, the resilience of communities or social-ecological systems is increasingly grounded in specific first-order properties. Consequently, resilience now constitutes a contentful and achievable partial conception of a good society. Yet political philosophers have taken little notice. The current article first discerns within recent social-scientific literature a set of attainable and measurable first-order properties that constitute “community resilience” or “ecological resilience.” Then, specifying “resilience” as the resilience of high-HDI (...) democratic societies to environmental disasters, infrastructure failures, and economic collapse, the current article argues from within a liberal framework that both “classical” and “egalitarian” liberals must treat resilience so understood as a necessary condition of legitimacy and justice; and this conclusion forces an overhaul of these liber... (shrink)

Libertarianism is a controversial political theory. But it is often presented as a resting upon a simple, indeed commonsense, moral principle. The libertarian “Non-Aggression Principle” (NAP) prohibits aggression against the persons or property of others, and it is on this basis that the libertarian opposition to redistributive taxation, legal paternalism, and perhaps even the state itself is thought to rest. This paper critically examines the NAP and the extent to which it can provide support for libertarian political theory. It identifies (...) two problems with existing libertarian appeals to the NAP. First, insofar as libertarians employ a moralized understanding of aggression, their principle is really about the protection of property rights rather than the prohibition of aggression. Second, the absolutist prohibition on aggression, which libertarians typically endorse and which is necessary to generate strongly libertarian conclusions, is grossly implausible. The paper concludes by setting forth a version of the NAP that does not suffer from these problems. It argues that this more moderate and defensible version of the NAP still has important libertarian implications, but that a full defense of libertarianism cannot rely upon appeals to non-aggression alone. (shrink)

In Nicomachean Ethics X.7–8, Aristotle defends a striking view about the good for human beings. According to Aristotle, the single happiest way of life is organized around philosophical contemplation. According to the narrowness worry, however, Aristotle's contemplative ideal is unduly Procrustean, restrictive, inflexible, and oblivious of human diversity. In this paper, I argue that Aristotle has resources for responding to the narrowness worry, and that his contemplative ideal can take due account of human diversity.

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (shrink)

For many, it is far from clear where the prerogatives of parents to educate as they deem appropriate end and the interests of their children, immediate or future, begin. In this article I consider the educational interests of children and argue that children have an interest in their own well-being. Following this, I will examine the interests of parents and consider where the limits of paternalism lie. Finally, I will consider the state's interest in the education of children and discuss (...) a familiar view that argues that we have a central obligation to cultivate good citizens. The article will focus on the tensions which inevitably arise from the sometimes conflicting interests between them. (shrink)

Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...) property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons. (shrink)

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

According to the sufficiency principle, distributive justice requires that everyone have some sufficient level of resources or well-being, but inequalities above this threshold have no moral significance. This paper defends a version of the sufficiency principle as the appropriate response to moral uncertainty about distributive justice. Assuming that the appropriate response to moral uncertainty is to maximize expected choiceworthiness, and given a reasonable distribution of credence in some familiar views about distributive justice, a version of the sufficiency principle strikes the (...) optimal balance between the competing moral risks posed by implementing these views. In particular, it avoids the moral risk posed by views like Nozick’s libertarianism, which forbid redistributive taxation even for the sake of helping to provide for people’s basic needs: failing to do the latter, if it turns out that justice does require it, would be very morally wrong. This “uncertainty argument” has the advantage of minimizing reliance on controversial intuitions about distributive justice, helps to specifying a non-arbitrary threshold for sufficiency, and shows that the substantive moral implications of moral uncertainty are not limited to high-stakes applied ethics issues such as abortion and vegetarianism but instead extend to an issue at the heart of political philosophy. (shrink)

On certain plausible views, if humanity were to unanimously decide to cause its own extinction, this would not be wrong, since there is no one whom this act would wrong. We argue this is incorrect. Causing human extinction would still wrong someone; namely, our forebears who sacrificed life, limb and livelihood for the good of posterity, and whose sacrifices would be made less morally worthwhile by this heinous act.

: Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the […].

In this article I investigate the extent to which Bhikhu Parekh believes that a person's cultural/religious background must be preserved and whether, by implication, religious schooling is justified by his theory. My discussion will explore—by inference and implication—whether Parekh's carefully crafted multiculturalism, enriched and illuminated by numerous practical insights, is socially tenable. I will also consider whether, by extension, it is justifiable, on his line of reasoning, to cultivate cultural and religious understandings among one's own children. Finally, I will contend (...) that Parekh, notwithstanding his cautious, even‐handed approach, commits several important errors, including conflating the culture of the parents with that of the children and insisting that cultural and religious persons ought to be allowed to defend their views in the public square on religious grounds. (shrink)

Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this (...) familiar distinction, I think in many ways it is misleading. In an important sense, most free-market liberals are also “welfare-state” liberals. I say this because the overwhelming number of liberals, of both the pro-market and the pro-government variety, entertain a welfarist conception of political economy. On this dominant welfarist view, the ultimate justification of the politico-economic order is that it promotes human welfare. Traditional “welfare-state liberals” such as Robert E. Goodin manifestly adopt this welfarist conception. But it is certainly not only interventionists such as Goodin who insist that advancing welfare is the overriding goal of normative political economy. J. R. McCulloch, one of the great nineteenth-century laissez-faire political economists, was adamant that “freedom is not, as some appear to think, the end of government: the advancement of public prosperity and happiness is its end.” To be sure, McCulloch would have disagreed with Goodin about the optimal welfare-maximizing economic policy: the welfarist ideal, he and his fellow classical political economists believed, would best be advanced by provision of a legal and institutional framework — most importantly, the laws of property, contract, and the criminal code — that allows individuals to pursue their own interests in the market and, by so doing, promote public welfare. In general, what might be called the “classical-liberal welfare state” claims to advance welfare by providing the framework for individuals to seek wealth for themselves, while welfarists such as Goodin insist that a market order is seriously flawed as a mechanism for advancing human welfare and, in addition, that government has the competency to “correct market failures” in the provision of welfare. (shrink)

The widespread view — proclaimed by proponents of disability studies, some disability federations, and many disabled people — that there is a human right to inclusive education, was eventually substantiated by international law with the UN Disability Convention in 2006. One of the most discussed issues in disability studies concerns the CRPD; the contributions are legion. Surprisingly, there are hardly any substantial contributions that pay particular attention to the important question of whether inclusive education is a moral human right, and, (...) if so, how this particular human right could be morally justified. A related topic that is frequently discussed concerns the question of whether inclusive education is compatible with the International Bill of Human Rights. Other scholars, such as Theresia Degener, wholeheartedly support the idea that inclusive education is a substantial legal and moral human right. (shrink)

In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

Gerald Gaus was one of the leading liberal theorists of the early twenty-first century. He defended liberal order based on its unique capacity to handle deep disagreement and pressed liberals toward a principled openness to pluralism and diversity. Yet, almost everything written about Gaus's work is evaluative: determining whether his arguments succeed or fail. This essay breaks from the pack by outlining underlying themes in his work. I argue that Gaus explored how to sustain moral relations between persons in light (...) of the institutional threats of social control, evaluative pluralism, and institutional complexity, and the psychological threat of acting solely from what I shall call themere first-personal point of view. The idea of public justification is the key to sustaining moral relations in the face of such challenges. When a society's moral and political rules are justified to each person, moral relations survive the threats they face. (shrink)

Despite what one may be led to believe by breathless reports in the media, the acme of misery in America is not the woes, financial and otherwise, of Donald Trump and Michael Jackson. People lose their jobs, have their assets drained by reversals of fortune, suffer from illiteracy, malnutrition, lack of shelter, and other mishaps. The circumstances in which they find themselves are genuinely distressing. It would be an odd understanding indeed that failed to find these circumstances directly relevant to (...) what morality asks of us. If morality is to count for anything, then surely it must take notice of exigent need. This is not merely the deliverance of a late twentieth-century Western moral consciousness massaged by the blessings of comparative affluence and graced with a newfound awareness of social justice. All traditional ethical codes of which I am aware, sacred and secular, demand that one take the distress of one's neighbor as bearing on one's own activities. “Am I my brother's keeper?” is the question; the well-nigh universal answer is “ Yes .” The disposition to be moved by and respond to distress is the virtue of charity. (shrink)

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. (...) It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

The idea that labor mixing confers property in unowned resources is, for many, the very heart of the Lockean system of property. In this essay I shall argue that this common view is mistaken. Locke...

Rights externalism, a view I defend in Rights, Race, and Recognition, takes social recognition to be a condition for being a rights bearer. I vindicate this view by answering two recent critics. I concede some ground, particularly with respect to their reservations about what we gain, but argue that claims about what we stand to lose are overblown. I conclude that rights externalism is not detrimental to the critique of racial injustice, and that embracing it has noteworthy virtues. The most (...) significant is that it affords us a conception of rights that takes the realities of lived experiences seriously. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

This paper outlines key applications of property rights theory from the standpoint of ‘entangled political economy,’ which conceptualises economic and political agents interacting within society. The entangled political economy framework stresses that property rights denote relationships between societal members, and that property rights are the subject of evolutionary change. The nature and role of property rights in an entangled political economy reinforces the ‘bundle of rights’ perspective, challenging notions of property rights that emphasise the primacy of ownership. Far from necessarily (...) imperilling the integrity of a market-based economic order, the bundle orientation inherent in entangled political economy can accommodate extensive market activities grounded in robust property right protections. (shrink)

From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...) what they achieve or do: they can be ‘intrinsically unjust’. Institutions, I argue, are intrinsically unjust when they have legal liberties and powers without having the corresponding moral liberties and powers. States without political authority are intrinsically unjust in that sense. Hence the issues of a state’s justness and a state’s political authority cannot be dealt with separately. This is a problem not only for left-libertarians but for ‘philosophical anarchism’ more generally. (shrink)

For some decades, the concept of human dignity has been widely discussed in bioethical literature. Some authors think that this concept is central to questions of respect for human beings, whereas others are very critical of it. It should be noted that, in these debates, dignity is one component of a long-lasting and widespread conceptual construct used to support a stance on the ethical question of the moral status of an action or being. This construct has been used from Modernity (...) onward to condemn slavery and torture as violations of human dignity. In spelling it out, we can come to a better understanding of what “dignity” means and become aware that there exists a quite useful place for this notion in our ethical thought, albeit a modest one. (shrink)

Palmer's defense of libertarianism as consequentialist runs afoul of his own failure to provide any consequentialist reasons for libertarian conclusions, and of his own defense of nonconsequentialist arguments for the intrinsic value of capitalism‐cum‐negative freedom. As suck, Palmer's article exemplifies the parasitic codependency of consequentialist and nonconsequentialist reasoning in libertarian thought. Sciabarra's defense of Ayn Rand's libertarianism is even more problematic, because in addition to the usual defects of libertarianism, Rand adds a commitment to ethical egoism that contradicts both her (...) concern for the consequences of capitalism and her commitment to the rights of everyone, not just herself. (shrink)

Libertarianism upholds individual liberty as of primary political importance. The concern for liberty leads to support for highly limited government, and sometimes even anarchism. Sometimes people come under the mistaken impression that libertarians have such a myopic concern for individual liberty that they must oppose social rules and social order. While that is too extreme, libertarianism does seem to have significant tensions with social rules, and the role of social rules within libertarianism is complex and contentious. This work aims to (...) bring out some of this complexity and to clarify the important place of social rules in libertarian thought. (shrink)

Are there any conditions under which to justify deliberately hiding or manipulating the expression of our opinions, emotions or character traits in front of others? this article examines David Hume’s answer to this question by discussing the practices that he calls good manners and impudence. the conclusion is that Hume’s description of the moral point of view allows for two conditions under which practices of opacity such as good manners and impudence can be morally assessed.

On a reproché au modèle perceptuel de la connaissance morale d'être inadéquat en ce qu'il serait incapable d'expliquer le signe distinctif et fondamental de l'éthique, à savoir son caractère normatif. Je tente de montrer que la critique n'est pas pertinente, car le normatif n'a en réalité qu'une place dérivée en morale : l'éthique est d'abord une question de valeurs, entités dont il est tout à fait plausible de dire que nous les percevons. Pour justifier la place dérivée du normatif, je (...) m'appuie sur les études de Max Scheler et sur l'examen de certains traits de la psychologie morale, qui tendent à montrer que le normatif n'est qu'un cas particulier de l'axiologique, mettant en évidence les caractères de force des valeurs, de risques de transgression et de contrainte.The perceptual model of moral knowledge has been the target of criticisms: it could be unable to explain the basic character of ethics, namely its normative character. I try to show that this criticism is misguided: in fact normativity is not central but lateral to ethics. What matters in ethics first and foremost are values, and it is quite appropriate to say we perceive values. To justify the lateral character of normativity, I rely on some analysis of Max Scheler and turn to some traits of moral psychology. It suggests that the normativity is a province of the axiological, characterized by strength of values, risks of transgression and constraint. (shrink)

Environmental ethicists often criticize liberalism. For many liberals embrace anthropocentric theories on which only humans have non‐instrumental value. Environmental ethicists argue that such liberals fail to account for many things that matter or provide an ethic sufficient for addressing climate change. These critics suggest that many parts of nature – e.g. non‐human individuals, other species, ecosystems and the biosphere ‐ often these critics also hold that concern for some parts of nature does not always trump concern for others. This article (...) suggests, however, that such inclusive environmental ethicists have a different problem. For when there are many things of value, figuring out what to do can be extremely difficult. Even though climate change is likely to cause problems for many parts of nature, it will probably be good for some other parts. Inclusive environmental ethicists need a theory taking all of the things they care about into account. Otherwise they cannot provide definitive reason even to address climate change. Without this theory, anthropocentric liberals might argue that we should not accept an inclusive environmental ethic. Although there may be something wrong with this line of thought, it at least raises a puzzle for those inclined to accept these ethics. (shrink)

Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) that free entry into markets furthers such dispersion. As against the idea that the state is in a better position to disperse economic power, Pincione argues that the constitutional provisions needed to implement that idea are contestable, and to that extent require interpretive powers that themselves involve domination. Only a constitution that, as a side effect of its procedures for political decision making, generates full private property rights holds out hope of shielding citizens from domination. This is so, because a plurality of suppliers of goods and services is a structural feature of the free market, in a sense of “structural” that matters for measurements of domination based on fairly uncontroversial claims about persons and resources. (shrink)

Le présent essai soutient une position qui s’inscrit dans le courant dit « libertarien » tout en explorant les implications de la politique qui prône un revenu de base et suscite présentement un débat vivace à travers le monde, y compris au Japon. Il existe diverses formes d’éthique libertarienne. Ici, dans la lignée de Nozick, la « propriété de soi » et la clause lockéenne sont reconnus comme deux rouages essentiels de l’argumentation qui conduit à leur ajustement en vue d’une (...) éthique spécifique. Nous examinons comment Nozick défend la « propriété de soi » : son argumentation respecte la séparabilité des personnalités et elle accorde une grande importance à l’élaboration libre par chacun d’un mode de vie lui convenant. Une fois révisées la nature du droit dit « d’appropriation » et de la clause dite « lockéenne », nous réinterprétons cette position centrale des libertariens en considérant la position fondamentale de Nozick comme prenant appui sur une conception égalitariste de la notion de dispositions suffisantes. Les avantages de cette position sont dus non seulement à l’adéquation entre la théorie et un principe de distribution, mais encore à l’image de l’individu doté d’une propriété de soi réaffirmée, dans la vision libertarienne que Nozick déploie. Cette approche fournit les bases de la morale d’une activité libre exercée sur les marchés : ce point est essentiel pour les auteurs libertariens, qui refusent toute aliénation de la propriété privée et toute redistribution. Une version simplifiée du revenu de base une fois définie en l’adaptant à des cadres variés, dont le cadre japonais nous mène à conclure que le revenu de base, quoique séduisant, est partiellement conforme aux thèses libertariennes et qu’une version minimale serait à retenir. (shrink)

This paper aims to offer a plausible and renewed defence of the axioms of the already well-known account of political philosophy ‘luck egalitarianism’. By finding certain support not only in the Kantian moral programme but also in widely accepted intuitions of our time, it is contended that luck egalitarianism possesses sufficient justification to become an ethical guide at the global level, revealing plausibly the existence of a compelling positive moral duty to terminate global poverty and denouncing its toleration as nothing (...) but a matter of injustice. The arguments provided to embrace such a proposal are built upon the widely accepted claim in moral philosophy that ‘all persons are equal in fundamental moral worth’. From this standpoint, I argue that the luck egalitarian doctrine can not only satisfy such a claim to its ultimate consequences, but it also reasonably overcome its most severe challenges that have diminished its merits in recent times when it aspires to become a tenable theory of justice. (shrink)