The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

Republicanism may seem to be a nostalgic politics of place that is incapable of responding to the challenges of globalization.The burden of this essay is to demonstrate that this view is both right and wrong - right in regarding republicanism as a politics of place, butwrong in thinking that such a form of politics is irrelevant to an increasingly interconnected world. On the contrary, the republican concern for place provides the basis for the responsible, public-spirited action that cosmopolitan theorists need (...) to sustain their visions of global politics. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

This article argues that it is not necessary to abolish all incidents of animal ownership in order to achieve justice for them. It claims that ownership does not grant owners a right to absolute control of their property. Rather, it argues that ownership is a much more qualified concept, conveying different rights in different contexts. With this understanding of ownership in mind, the article argues that it is possible for humans to own animals and at the same time to treat (...) them justly: to recognize that they possess moral status; to assign them meaningful rights; and to consider their interests equally. (shrink)

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

Resumen En este artículo defiendo la postura según la cual el republicanismo -en comparación con otras nociones o motivos centrales- no se ha interpretado como uno de los rasgos que caracteriza a la filosofía jurídica y política de Kant como un todo. Una posible razón es que el republicanismo kantiano no ha ocupado un lugar destacado dentro de las narrativas republicanas, ya sea históricas o sistemáticas, que son más dominantes en las discusiones contemporáneas. A mi parecer, esto es así porque (...) hay características innovadoras en la empresa republicana kantiana que se encuentran en tensión con otros proyectos republicanos de otra índole. Aquí discuto algunos de los rasgos distintivos del proyecto de Kant en lo que atañe a concepciones suyas sobre el estado de derecho, la ciudadanía, la autoridad política, la libertad de expresión y el derecho internacional, con el fin de señalar que estas son parte integral de una teoría política y legal que todavía es atractiva y sugerente.In this paper, I defend the stance that republicanism -in comparison to other central notions- has not been interpreted as one of the main traits that characterize Kant’s legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant’s project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. (shrink)

Relying on Niklas Luhmann's systems theoretical redescription of modern society, this article aims at questioning the basic theoretical notions of the ongoing inclusion/exclusion debate. The most remarkable aspect of Luhmann's reassessment of the inclusion/exclusion relationship within functionally differentiated societies is that individuals are basically situated within the exclusion domain of society, and thus cannot but partially be included within society's function systems and organizations. This reassessment not only allows Luhmann to raise fundamental questions with respect to the implicit norm of (...) full inclusion which still dominates the debate on inclusion and exclusion, but it also directs his attention to the different inclusion/exclusion conditions within function systems, organizations and interaction systems. Eventually Luhmann's position comes down to the idea that exclusion rather than inclusion is the rule, and, moreover, that inclusions differ from one another. The article closes off with a critical evaluation of Luhmann's redescription of the inclusion/exclusion debate. It is argued that systems theory might suffer from empirical deficiency, as it seems to have difficulties to detect and to depict the actual mechanisms of social exclusion without resorting to theories that are more geared to empirical reality and that are of help in observing it. Key Words: evolution • function systems • inclusion/exclusion • Niklas Luhmann • networks • organizations. (shrink)

It has been argued that the Internet and social media increase the number of available viewpoints, perspectives, ideas and opinions available, leading to a very diverse pool of information. However, critics have argued that algorithms used by search engines, social networking platforms and other large online intermediaries actually decrease information diversity by forming so-called “filter bubbles”. This may form a serious threat to our democracies. In response to this threat others have developed algorithms and digital tools to combat filter bubbles. (...) This paper first provides examples of different software designs that try to break filter bubbles. Secondly, we show how norms required by two democracy models dominate the tools that are developed to fight the filter bubbles, while norms of other models are completely missing in the tools. The paper in conclusion argues that democracy itself is a contested concept and points to a variety of norms. Designers of diversity enhancing tools must thus be exposed to diverse conceptions of democracy. (shrink)

El presente trabajo se ocupa de la teoría general de Carlos Nino sobre la legítima defensa y cómo ella se enmarca, de manera más general, en su concepción sobre el liberalismo en materia penal. Se muestran dos casos problemáticos para teorías así concebidas. Se propone una alternativa para salir de estos casos problemáticos apelando a consideraciones cercanas al ideal de no dominación. This paper analyses Carlos Nino’s general theory of legitimate defense and its relation with his conception about liberalism in (...) criminal law. There are at least two problematic cases for his theory of legitimate defense. It is proposed an alternative availabe to avoid those problems which implies to advocate to the notion of non domination. (shrink)

Este trabajo fue pensado a modo de homenaje a Antoni Domènech, quien nos legó un Programa de Investigación sobre “las raíces históricas y conceptuales del republicanismo democrático clásico”, también valedero para el momento actual del modo de producir capitalista en el que nos encontramos al inicio de la tercera década del siglo XXI. Nos ocuparemos i) de fundamentar y mostrar la viabilidad de una Renta Básica, entendida como resguardo de un mínimum de existencia social para todos, que permitiría garantizar una (...) universalización de la libertad republicana; y también ii) abordaremos el tema de la justificación de una Renta Máxima, entendiendo que la acumulación de riqueza y, por ello mismo, de poder económico y político de los muy ricos, atenta contra el deber fiduciario de las repúblicas democráticas de garantizar una “vida normal” para todos sus habitantes. This article is envisaged as a homage to Antoni Domènech who bequeathed us a Research Programme on “the historical and conceptual origins of classical democratic republicanism”, which is also valid for the phase of the capitalist mode of production we are presently facing at the beginning of the third decade of the twenty-first century. Our aims are 1) to establish and demonstrate the viability of a basic income, which is understood as safeguarding a minimum of social existence for everyone, and that would guarantee the universalisation of republican freedom; and 2) to tackle the question of justifying a Maximum Income, in the understanding that the accumulation of wealth, and hence of the political and economic power of the very rich, is an assault against the fiduciary duty of democratic republics to guarantee a “normal” life for all citizens. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to their criticism is problematic (...) insofar as it produces the following dilemma: either Pettit must concede that domination which one regards as consistent with one’s own best interests does not limit one’s freedom or he must embrace the implication that one can be forced to be free, a result he explici tly wants to avoid. Second, I argue that, despite the inadequacy of Pettit’s response, he is ultimately right in thinking that domination and negative liberty are sometimes compatible. My central contention, then, is that neither Pettit’s non-domination view nor Carter and Kramer’s pure negative view are able to account for the loss of liberty one suffers under conditions of domination. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

The concept of the public realm is the most fundamental of all political concepts because it is only the shared relationship it constitutes between rulers and ruled that makes government more than mere domination. It is therefore not surprising that the question of how the public realm is to be defined has been a central concern of political thinkers from Plato to more recent philosophers like Hannah Arendt. Although the answers they have given have of course varied greatly, what is (...) relevant in the present context is simply the assumption, for well over two thousand years, that there could be an answer. What is novel today, by contrast, is the increasing realization that political theory cannot in principle provide philosophical guidance of any kind about how the public realm can be finally and definitively identified, in a way which would clearly distinguish it from the private realm and thereby enable an incontestable limit to be set to the proper scope of politics and of state action. The present essay considers how some leading contemporary political thinkers have responded to this situation. (shrink)

Discourse between pupils represents a core element of citizenship education in England. However, as it is currently presented within the curriculum, discourse adopts the form of the rather broad terms of 'discussion' and 'debate'. These terms are diffuse, and in themselves offer little pedagogical guidance for teachers implementing the curriculum in schools. Moreover, there has been little academic reflection in England as to how theoretical ideas on civic dialogue may usefully inform approaches to pupil discourse. For this reason, how pupils (...) experience discursive learning activities is likely to depend on how individual schools and teachers understand the terms 'discussion' and 'debate' and the way in which this understanding is translated into pupil learning activities. This article explores how recourse to deliberative democratic theory, and in particular to the principle of contestatory deliberative democracy found within recent republican writing, may be useful in helping educators to consider critically the capacities needed for effective civic discourse as a well as the outcomes of pupils' dialogical engagement. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (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)

There seem to be good reasons that democratic institutions must be reformed in order to minimize the danger of unsustainable policy decisions infringing upon duties of intergenerational justice. This is why there exist a number of different proposals of how to reform democratic states in order to foster their duties towards the future. However, the debate lacks a systematic assessment of these suggested reforms within a coherent theoretical and norma-tive framework. This paper aims at developing such a framework. We suggest (...) two conceptual dimensions defining the spectrum of different justi-fiable institutional reforms: the relation between democracy and justice as one dimension and the conditions considered relevant for viewing democracies as responsible collective agents as the other. Depending on how we understand this relation and these conditions, it is possible to substantiate a set of types of institutional reforms that will promote democracies’ capacities to comply with their responsibilities towards the future. (shrink)

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This paper develops a novel, neo-republican account of just state surveillance in the information age. The goal of state surveillance should be to avoid and prevent domination, both public and private. In light of that conception of justice, the paper makes three substantive points. First, it argues that modern state surveillance based upon information technology and predicated upon a close partnership with the tech sector gives the state significant power and represents a serious potential source of domination. Second, it argues (...) that, nonetheless, state surveillance can serve legitimate republican ends and so unilateral and private technological attempts to block it may be wrongful. Third, it argues that, despite the serious normative failings of current institutions, state surveillance can be justly regulated and made accountable through a legal liability regime that incentivizes tech company intermediaries to ally with civil society groups in order to safeguard the privacy rights of potential subjects of state surveillance. (shrink)

Although philosophers tend to differ in terms of the criteria that they offer for determining when market transactions should be morally prohibited, they tend to converge with respect to a certain methodological bias: they fail to reflexively consider how the existing politico-economic context bears on the way in which they formulate these criteria. After discussing the nature of actually existing, rather than idealized, markets, I consider four such offerings, which are either liberal egalitarian or communitarian, and I articulate how this (...) failure is manifested in their respective positions. I conclude by pointing toward an alternative approach to the question of marketization, one that is both methodologically and substantively more faithful to the scope of the underlying problems that this question raises. (shrink)

This article argues that current economic upheaval should be understood as a problem of domination, in two respects: the ‘dyadic’ domination of one actor by another, and the ‘structural’ domination of individuals by a diffuse, decentralized, but nevertheless human-made system. Such domination should be contested through specifically democratic political mobilization, through institutions and practices that expand the political agency of citizens themselves. The article advances this argument by synthesizing two traditions of political thought. It reconstructs radical democratic theory from the (...) Progressive Era. These thinkers in turn help to reinforce contemporary debates in neorepublican thought, resolving disputes over the scope of domination and the relationship between domination and democracy. This synthesis offers a novel normative framework for diagnosing and responding to the current combination of economic upheaval and political dysfunction. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

Este ensayo se ocupa de discutir el renacimiento de la tradición republicana en los últimos años, particularmente gracias a pensadores como Quentin Skinner, Maurizio Viroli y Philip Pettit. Se aborda esta tradición en sus principales elementos constitutivos, a saber: 1) el concepto de república propiamente dicho; 2) el papel central de las virtudes cívicas; 3) la concepción republicana de libertad; y 4) el concepto de gobierno de las leyes. Se desarrolla, en primer lugar, un breve análisis de estos cuatros elementos, (...) al mismo tiempo que se ponen en evidencia algunos problemas históricos y teóricos. A continuación, se compara la posición de los teóricos republicanos, tanto clásicos como contemporáneos, con la propia de la tradición liberal-democrática, que, para aquéllos, constituye el principal blanco de esta polémica. Finalmente, se introduce una nueva corriente de pensamiento que los neo-republicanos dejan, curiosamente, de lado: el constitucionalismo. (shrink)

The notion of the common good has been cited as a key constituent of citizenship education in England, within which the development of a concern for the common good represents a key disposition. The term has, however, received little critical attention to date within the discourse of the subject, either in terms of its theoretical basis or its educational function and form. For this reason to develop the common good represents an ill‐defined aim of the citizenship education in schools. This (...) article seeks to redress this by critically engaging with different formulations of the common good within recent civic republican political theory. More specifically, it attempts to delineate between notions of the common good that are essentially moral and notions that emphasise political understandings of the term, and which, in so doing, minimise the moral. On the basis of this exploration a number of issues are raised for citizenship education in England and it is suggested that to fail to view the common good as a moral enterprise is inherently problematic. (shrink)

In order to vindicate rational-choice theory as a mode of explaining social patterns in general - social patterns beyond the narrow range of economic behaviour - we have to recognize the legitimacy of explaining the resilience of certain patterns of behaviour: that is, explaining, not necessarily why they emerged or have been sustained, but why they are robust and reliable. And once we allow the legitimacy of explaining resilience, then we can see how functionalist theory may also serve us well (...) in social science; we lose the basis - the empty black box argumenton which the rational-choice critique of the theory has mostly been grounded. (shrink)

On expectation, most wild animals have lives of net suffering due to naturogenic causes. Some have claimed that concern for their well-being gives us reasons to intervene in nature on their behalf. Against this, it has been said that many interventions to assist wild animals would be wrong, even if successful, because they would violate their freedom. According to the Freedom-based Approach I defend in this paper, this view is misguided. Concern for wild animal freedom does indeed gives us reasons (...) to secure these animals against control-undermining interferences, but also to intervene in nature in order to enrich their choices. (shrink)

Democracy is shown to be a non-instrumental good-in-itself (as well as an instrument in securing other goods) by extrapolation from the Aristotelian premise that humans are political animals. Because humans are by nature language-using, as well as sociable and common-end-seeking beings, the capacity to associate in public decisions is constitutive of the human being-kind. Association in decision is necessary (although insufficient) for happiness in the sense of eudaimonia. A benevolent dictator who satisfied all other conditions of justice, harms her subjects (...) by denying them opportunity to associate in the decisions by which their community is governed. (shrink)

If it is true, as suggested by Sir Michael Marmot and other researchers, that status impacts health and therefore accounts for some of the social gradient in health, then it seems to be the case that it would be possible to bring about more equality in health by equalizing status. The purpose of this article is to analyze this suggestion. First, we suggest a working definition of what status precisely is. Second, following a luck egalitarian approach to distributive justice, we (...) consider whether and to which extent individuals are responsible themselves for their position in a status hierarchy. Third, we consider the contours of a difficult question, namely which political measures are feasible in order to reduce health-affective inequalities in status and fourth, whether or to what extent such measures are legitimate. We argue that on the basis of these considerations, we have at least some prima facie reasons to counter (at least some) status inequalities in order to equalize health. (shrink)

Some theorists, worried about liberalism’s potential as a foundation for public health ethics, suggest that republicanism provides a better background of justification for public health policies, interventions, etc. In this article, this suggestion is put to the test, and it is argued that (i) contemporary (civic) republicanism and liberalism are not nearly as opposed as it is sometimes suggested, and that (ii) the kind of republicanism which one leading scholar in the field, Bruce Jennings, as an alternative to liberalism, does (...) not reflect the contemporary understanding of republicanism as held by, e.g. Phillip Pettit et al. (shrink)

My paper reconstructs Fichte's property theory and political economy in Foundations of Natural Right and The Closed Commercial State. Fichte's theory of property requires the rejection of the classical liberal theory of property rights. Fichte's alternative theory of property, in conjunction with his republican account of the state's role in guaranteeing individual rights, further requires the rejection of a market economy in favor of a planned economy. For Fichte's view entails the normative necessity of a political economy in which the (...) production and transfer of goods and services, across large sectors of the economy, are mandated by the state in advance in accordance with an economic plan. As a result, Fichte reconceives his contractualism as necessarily including the negotiation of a state‐enforced plan for eco- nomic activity. Thus, Fichte's new theory of property in Foundations of Natural Right has extremely wide‐ranging implications for the rest of his political and economic thought. The negotiation of fair terms of political associa- tion characteristic of classical contractualist thought becomes in Fichte's hands the negotiation of an economic plan that defines each individual's socioeconomic rights. I conclude with some brief remarks on the sense in which Fichte's theory serves as a cautionary tale for later socialists. (shrink)

Most countries appear to believe that their health system is in a state of semi-crisis with expenditures rising rapidly, with the benefits of many services unknown and with pressure from the public to ensure access to a comprehensive range of services. But whose values should inform decision-making in the health area, and should the influence of different groups vary with the level of decision-making? These questions were put to 54 members of the public and health professionals in eight focus groups. (...) Adopting a different perspective from other studies, participants were not asked if particular groups should be involved in decisions but rather through deliberation and discussion nominated their own potential decision makers. This delivered a clear message that participants saw a legitimate role for a broad range of stakeholders in priority-setting decisions so as to incorporate a diversity of expertise and opinion. Companion themes were the acknowledgment that decisions involve ethical judgments and are not purely technical, that the power of special interest groups (such as clinicians) should be kept in check, and that the process by which decisions are reached is important. The results suggest that qualitative methods of investigation have the potential to improve the legitimacy of policy decisions by contributing to a better understanding of the values of the public and health professionals, and by expanding the range of options available for further research. (shrink)

Este artículo tiene como objetivo analizar las menciones y usos que realiza Nicolás Maquiavelo de la figura de Moisés en Il principe y en los Discorsi. Maquiavelo realiza un particular tratamiento que es necesario seguir de cerca: es a partir de su análisis que podemos encontrar insumos para interrogar cómo operan los liderazgos en la obra maquiaveliana y cómo los líderes interactúan con el pueblo a través de un círculo pasional que se genera entre ambos. A estos efectos, procederemos en (...) este artículo del siguiente modo: en primer lugar, restableceremos secuencialmente las menciones a Moisés en la obra de Maquiavelo. Solo una vez proporcionada esta reconstrucción nos dirigiremos al tratamiento de los ejes temáticos que resultan relevantes -la ausencia de la religión en Moisés, la crueldad, la tensión entre virtud y fortuna, y la relación entre líder y pueblo- con el fin de pensar la innovación teórica que estos ejemplos ilustran. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

This study compares Philip Pettit’s account of freedom to Hegelian accounts. Both share the key insight that characterizes the tradition of republicanism from the Ancients to Rousseau: to be subordinated to the will of particular others is to be unfree. They both also hold that relations to others, relations of recognition, are in various ways directly constitutive of freedom, and in different ways enabling conditions of freedom. The republican ideal of non-domination can thus be fruitfully understood in light of the (...) Hegelian structure of ‘being at one with oneself (Beisichsein) in another’. However, while the Hegelian view converges with Pettit on non-domination and recognition, their comprehensive theories of freedom are based on radically different metaphysics. One key difference concerns the relationship between freedom and nature, and there is a further difference between Pettit’s (ahistorical) idea of the concept dependence of freedom, and the Hegelian (historical) idea of the conception dependence of freedom. -/- Keywords: Pettit; Hegel; freedom; non-domination; mutual recognition; republicanism; ‘being at one with oneself’; social freedom. (shrink)

Development ethicists see reducing intrahousehold gender inequality as an important policy aim. However, it is unclear that a minimalist cross-cultural consensus can be formed around this goal. Inequality on its own may not bring women beneath a minimal welfare threshold. Further, adherents of complementarian metaphysical doctrines may view attempts to reduce intrahousehold inequality as attacks on their worldviews. Complicating the justificatory task is the fact that familiar arguments against intrahousehold inequality, including those from agency and self-esteem, depart from premises that (...) complementarians reject—premises about the value of independence or the moral irrelevance of gender. I propose that development ethicists should offer complementarianism-compatible arguments against the norms and practices constitutive of intrahousehold inequality. I develop arguments against two intrahousehold inequality-supportive practices that depart from complementarian premises. Specifically, I argue that patriarchal risk and gender schemas that devalue women's labor prevent men from discharging complementarian duties to promote women's welfare. (shrink)