This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...) race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

This article brings together two concepts of ethical practice into a single construct that describes how modern corporations can responsibly meet the information needs of their stakeholder networks in a way that promotes both corporate self-interest and widespread distributive justice. Internet technology is providing corporations with transformative tools that permit and encourage the exercise of social responsibility through "dynamic transparency." "Prudential justice" is a concept representing a set of values that can provide an ethical justification for corporate implementation of dynamic (...) transparency. This article argues that by using dynamic transparency in accordance with the provisions of prudential justice, firms can avoid many crises and manipulative or deceptive information transfers, can fulfill their responsibilities regarding stakeholders' informational rights, and can undergo an organizational culture transformation that allows them to move from pure corporate egoism to a beneficial mix of self-interest and corporate social responsibility. (shrink)

In this article, the ability of partnerships to generate goods that enhance the quality-of-life of socially and economically deprived urban communities is explored. Drawing on Rawl's study on social justice [Rawls, J.: 1971, A Theory of Justice (Harvard University Press, Cambridge)] and Sen's capabilities approach [Sen, A.: 1992, Inequality Re-Examined (Harvard University Press, Cambridge, MA); 1999, Development as Freedom (Oxford University Press, Oxford); 2009, The Idea of Justice (Ellen Lane, London)], we undertake an ethical evaluation of the effectiveness of different (...) approaches to partnership activity in city neighbourhood regeneration. We focus, in particular, on their impact on the social regeneration of disadvantaged communities. Governance of cross-sector partnerships, built upon negotiated values and strong community voice, may result in a greater sense of procedural justice, as well as improvements to orderliness in local neighbourhoods. However, distributive justice, the accumulation of, and access to, goods that enable greater participation in society, remains largely elusive within neighbourhood partnership activity. We conclude that social provision that deals fairly with the causes of disadvantage by enhancing the capabilities of local communities and increasing social capital is likely to be a more effective and sustainable approach for partnerships, despite being a longer-term and more costly endeavour. (shrink)

The risk posed by anthropogenic climate change is generally accepted, and the challenge we face to reduce greenhouse gas (GHG) emissions to a tolerable limit cannot be underestimated. Reducing GHG emissions can be achieved either by producing less GHG to begin with or by emitting less GHG into the atmosphere. One carbon mitigation technology with large potential for capturing carbon dioxide at the point source of emissions is carbon capture and storage (CCS). However, the merits of CCS have been questioned, (...) both on practical and ethical grounds. While the practical concerns have already received substantial attention, the ethical concerns still demand further consideration. This article aims to respond to this deficit by reviewing the critical ethical challenges raised by CCS as a possible tool in a climate mitigation strategy and argues that the urgency stemming from climate change underpins many of the concerns raised by CCS. (shrink)

The concept of moral distress can be extended from clinical settings to larger environmental concerns affecting health care. Moral distress—a common experience in complex societies—arises when individuals have clear moral judgments about societal practices, but have difficulty in finding a venue in which to express concerns. Since health care is large in scale and climate change is proving to be a major environmental problem, scaling down health care is inevitably a necessary element for mitigating climate change. Because it is extremely (...) challenging to discuss these concerns in health care settings, those concerned about climate change and health care experience distress. This article outlines some philosophical concepts and perspectives that may be useful in mitigating this distress. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...) moral principles as the categorical imperative and utilitarianism, among others. It therefore advocates for possessive right for females for the sake of justice and equity. (shrink)

Are there normative reasons for love? More specifically, is it possible to rationally justify love? Or can we at best provide explanations for why we love? In Part I of this entry, I discuss the nature of love, theories of emotion, and what it takes to justify an attitude. In Part II, I provide an overview of the various positions one might take on the rational justification of love. I focus on the debate between defenders of the no-reasons view and (...) the reasons view. Along the way, I discuss the significance of falling in love, the problem of trading up, and the notion of irreplaceability. I evaluate attempts to justify love based on the intrinsic and the relational properties of the beloved. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

John Rawls’ account of our obligations towards future generations has received considerable criticism in the environmental ethics literature relative to the scant few passages in which he discusses the issue. I argue that much of this criticism is warranted because Rawls’ Heads of Family strategy for grounding obligations to future generations is not only independently problematic, but also inconsistent with his general framework. Furthermore, the oft-suggested Time Travel strategy will not work either, and for just those reasons which Rawls gave. (...) However, I contend that the less often discussed “Universalizability Principle,” which Rawls discusses most prominently in Political Liberalism, is a plausible account of our obligations to future generations and is consistent with Rawls’ general framework. I then defend this Rawlsian account of our future-oriented obligations against objections in the environmental ethics literature such as those recently advanced by the consequentialist Tim Mulgan. (shrink)

In Plato’s dialogues, the Phaedo, Laches, and Republic, Socrates warns his interlocutors about the dangers of misology. Misology is explained by analogy with misanthropy, not as the hatred of other human beings, but as the hatred of the logos or reasonable discourse. According to Socrates, misology arises when a person alternates between believing an argument to be correct, and then refuting it as false. If Socrates is right, then misanthropy is sometimes instilled when a person goes from trusting people to (...) learning that others sometimes betray our reliance and expectations, and finally not to placing any confidence whatsoever in other people, or, in the case of misology, in the correctness or trustworthiness of arguments. A cynical indifference to the soundness of arguments generally is sometimes associated with Socrates’ polemical targets, the Sophists, at least as Plato represents Socrates’ reaction to these itinerant teachers of rhetoric, public speaking and the fashioning of arguments suitable to any occasion. Socrates’ injunctions against misology are largely moral, pronouncing it ‘shameful’ and ‘very wicked’, and something that without further justification we must ‘guard against’, maintaining that we will be less excellent persons if we come to despise argument as lacking the potential of leading to the truth. I examine Socrates’ moral objections to misology which I show to be inconclusive. I consider instead the problem of logical coherence in the motivations supposedly underlying misology, and conclude that misology as Socrates intends the concept is an emotional reaction to argumentation on the part of persons who have not acquired the logical dialectical skills or will to sort out good from bad arguments. We cannot dismiss argument as directed toward the truth unless we have a strong reason for doing so, and any such argument must itself presuppose that at least some reasoning can be justified in discovering and justifying belief in interesting truths. The relevant passages from Socrates’ discussion of the soul’s immortality in the Phaedo are discussed in detail, and set in scholarly background against Socrates’ philosophy more generally, as represented by Plato’s dialogues. I conclude by offering a suggestive list of practical remedies to avoid the alienation from argument in dialectic with which Socrates is concerned. (shrink)

Recently, the idea that human beings may be totally egoistic has resurfaced in philosophical and psychological discussions. But many of the arguments for that conclusion are conceptually flawed. Psychologists are making a conceptual error when they think of the desire to avoid guilt as egoistic; and the same is true of the common view that the desire to avoid others’ disapproval is also egoistic. Sober and Wilson argue against this latter idea on the grounds that such a desire is relational, (...) but a deeper reason stems from the fact that it places such intrinsic importance on other human beings. And other basic human desires, like the desire for love, the desire for revenge, the impulse to imitate others, and the desire to belong, also treat others as important and on those grounds cannot count as egoistic. Another line of recent argument for egoism stems from the work of Robert Cialdini et al., and claims that the way we identify and feel one with those other people we empathize with and seek to help shows us to be thinking of those others as part of or identical with ourselves. This is supposed to show that our putative altruism is basically self-centered and egoistic, but Cialdini arguably misinterprets what we mean when we speak of feeling one with someone else, and the phenomena he mentions don’t therefore stand in favor of psychological egoism. More generally, many of the positive and negative emotions we feel toward others are best interpreted as non-egoistic, and there is no reason at this point to doubt that humans are capable of altruistic motivation. (shrink)

Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...) satisfactory account of promising. A new conventionalism can explain this by appealing to special features of social conventions. Two of these special features have important implications for any moral requirements they mediate, such as the requirement to keep one's promises and the moral requirements attached to social or occupational roles. First, these requirements will not depend on features of a situation that are inaccessible to typical participants in the convention. Second, these requirements often cannot be tailored to fit the overly unusual circumstances of participants. (shrink)

Name der Zeitschrift: Cultura. International Journal of Philosophy of Culture and Axiology Jahrgang: 8 Heft: 2 Seiten: 51-61.

The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...) justification of the fairness obligation. It is not argued whether both ways of justifying the obligation makes a success, but that they are in need of presupposing that there is a duty for beneficiaries to do their share in return for their benefit. This suggests turning to a duty-based justification of the fairness obligation. (shrink)

This paper proposes an ethical reflection on personalized medicine and more precisely on the diagnostic technology underlying it, including nanochips. Our approach is inspired by a combination of two philosophical frames of reference: first, John Dewey’s distinction between intuitive valuation and reflexive evaluation, second, John Rawls’ reflective equilibrium. We aim at what we call a ‘reflexive equilibrium’, a mutual adjustment between on the one hand, the intuitive beliefs scientists have about the ethics of the technologies they work on (‘valuations’ in (...) Dewey’s vocabulary) and, on the other hand, the reflexive ethical assessment of these technologies (‘evaluations’). Our goal, in this paper, is to provide the first step of this process through a philosophical analysis of some valuations on individualized medicine. In order to apprehend the ethical values shaping the development of biochips, we present and analyze qualitative interviews with scientists involved in the conception and the development of biochips involving nanotechnologies. We then propose a critical assessment of the role of ethics in these scientific practices. Last, we suggest two distinct and complementary ways to solve some of the issues brought to light by the interviews, without aiming at any dogmatic or “ready-made” answer. The first of these perspectives gives a central role to the capability individuals could achieve through personalized medicine; the second approach analyses the ethical disruptions entailed by personalized medicine with a special focus on care. (shrink)

I argue in this paper that there are two considerations which govern the dynamics of a two-person bargaining game, viz. relative proportionate utility loss from conceding to one's opponent's proposal and relative non-proportionate utility loss from not conceding to one's opponent's proposal, if she were not to concede as well. The first consideration can adequately be captured by the information contained in vNM utilities. The second requires measures of utility which allow for an interpersonal comparison of utility differences. These considerations (...) respectively provide for a justification of the Nash solution and the Kalai egalitarian solution. However, none of these solutions taken by themselves can provide for a full story of bargaining, since, if within a context of bargaining one such consideration is overriding, the solution which does not match this consideration will yield unreasonable results. I systematically present arguments to the effect that each justification from self-interest for respectively the Nash and the Kalai egalitarian solution is vulnerable to this kind of objection. I suggest that the search for an integrative model may be a promising line of research. (shrink)

Business activity can be analyzed through a ‘risk awareness’ perspective and a ‘responsibility awareness’ perspective. However, risk and responsibility are actually interdependent. Risk-taking triggers responsibility issues and taking responsibility means risking being asked critical questions. This article suggests some first steps for combining these two perspectives conceptually. After several introductory illustrations showing how risk and responsibility issues are intertwined, the article looks separately each at risk and at responsibility. Then the argument that such perspectives could be usefully combined is elaborated (...) further from a theoretical angle and from a practical angle, by looking at various ethical issues and by presenting paradigmatic examples of balancing or sharing risk and responsibility related to leadership, to ERM and to insurance. (shrink)

The Brambell Report of 1965 recommended that animals should have the freedom to stand up, lie down, turn around, groom themselves and stretch their limbs. The Farm Animal Welfare Council (FAWC) developed these into the Five Freedoms, which are a framework for the analysis of animal welfare. The Five Freedoms are well known in farming, policy making and academic circles. They form the basis of much animal welfare legislation, codes of recommendations and farm animal welfare accreditation schemes, and are the (...) foundation of the Welfare Quality® assessment scheme. The Five Freedoms are also extensively employed for the education of veterinary and animal welfare science students. Hence they have proven to be of great practical utility. In this paper, the Five Freedoms framework is examined in terms of necessary and sufficient conditions for the analysis of animal welfare. Overall, the Five Freedoms are judged to be individually necessary and jointly sufficient as a framework for the analysis of animal welfare. FAWC has recently criticized the Five Freedoms for concentrating on negative aspects of welfare. However, it is shown here how the satisfaction of the Five Freedoms should lead to good welfare, from the animal’s point of view. The Five Freedoms are formulated as ideals of animal welfare. This has significant advantages that have likely contributed to their impact. However, the ideality of the Five Freedoms means that the framework is without power to determine what a satisfactory level of animal welfare is, in an ethical sense. (shrink)

Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. Since we are obligated to respect each (...) person’s right to freedom, and can do so only in a state, we are obligated to submit to the authority of the state if we have one, and to establish one if we do not. In the first half of the essay I reconstruct this argument in more detail. In the second half I survey four points of controversy: (i) What is the relationship between Kant’s political philosophy and his moral philosophy? (ii) How does the innate right to freedom support the postulate that we are permitted to acquire property and other private rights? (iii) How does the postulate support an obligation to found the state? (iv) How should we understand Kant’s views about political revolutions? (shrink)

Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this paper, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I adduce several varieties of (...) respect, then present a primary distinction needed to discern the notion of respect relevant to the putative right. Then I propound the argument that there can be no right to respect and consider some means of challenging its conclusion. In closing, I trace some of the consequences of this argument and suggest how it might motivate a different approach to understanding our most basic obligations to one another. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

The Confucian family, not only in its historical manifestations but also in the imagination of the Confucian founders, was the locus of misogynist norms and practices that have subjugated women in varying degrees. Therefore, advancing women’s well-being and equality in East Asia may seem to require radically transforming the Confucian family to approximate alternative ideal conceptions of the family in the West. This article opposes such a stance by arguing that (1) Western conceptions of the family may be neither plausible (...) nor feasible in traditionally Confucian societies and (2) the Confucian family, once reconstructed in line with Confucianism’s core ideas and values, can be conducive to a feminist future in East Asia that is uniquely Confucian. In order to support my position, not only influential contemporary Western ideal conceptions of the family from the justice perspective and care ethics, but also different interpretations of the Confucian family will be carefully examined. (shrink)

The recent and dramatic emergence of digital and other electronic technology in social work?such as online counseling, video counseling, avatar therapy, and e-mail therapy?has tested and challenged the profession's longstanding and widely accepted perspectives on the nature of both clinical relationships and core ethics concepts. These developments have transformed key elements of social work practice and require critical examination of the meaning and application of relevant ethical concepts in diverse cultures. This article explores pertinent ethical implications related to social workers' (...) commitment to clients; privacy/confidentiality; client self-determination and professional paternalism; informed consent; and professional?client boundaries and dual relationships. The author discusses the need for social workers to re-examine time-honored ethics concepts and explore their implications for the profession's ethical standards pertaining to the practitioner?client relationship. (shrink)

From an evolutionary point of view, the function of moral behaviour may be to secure a good reputation as a co-operator. The best way to do so may be to obey genuine moral motivations. Still, one's moral reputation maybe something too important to be entrusted just to one's moral sense. A robust concern for one's reputation is likely to have evolved too. Here we explore some of the complex relationships between morality and reputation both from an evolutionary and a cognitive (...) point of view. (shrink)

At the United Nations climate change conference in 2011, parties decided to launch the “Durban Platform” to work towards a new long-term climate agreement. The decision was notable for the absence of any reference to “equity”, a prominent principle in all previous major climate agreements. Wealthy countries resisted the inclusion of equity on the grounds that the term had become too closely yoked to developing countries’ favored conception of equity. This conception, according to wealthy countries, exempts developing countries from making (...) commitments that are stringent enough for the collective effort needed to avoid dangerous climate change. In circumstances where even mentioning the term equity has become problematic, a critical question is whether scope for a fair agreement is being squeezed out of negotiations. To address this question we set out a conceptual framework for normative theorizing about fairness in international negotiations, accompanied by a set of minimal standards of fairness and plausible feasibility constraints for sharing the global climate change mitigation effort. We argue that a fair and feasible agreement may be reached by (i) reforming the current binary approach to differentiating developed and developing country groups, in tandem with (ii) introducing a more principled approach to differentiating the mitigation commitments of individual countries. These two priorities may provide the basis for a principled bargain between developed and developing countries that safeguards the opportunity to avoid dangerous climate change without sacrificing widely acceptable conceptions of equity. (shrink)

In this article I review Jonathan Wolff and Avner de‐Shalit’s recent book Disadvantage (2007), highlighting its many contributions to egalitarian theory and practice. These contributions build to the authors’ central prescription: that policy‐makers work to create a society of equals by reducing the tendency for disadvantages to cluster around certain individuals or groups. From there, I discuss the idea of declustering disadvantage in an American context, and consider its implications for the politically salient ideal of equality of opportunity. The purpose (...) of this discussion is not to posit Wolff and de‐Shalit’s theory of disadvantage as a theory of justice as equal opportunity. Instead, I illustrate their approach by reference to an influential theory of justice, whose proponents include those taken to affirm the authors’ consensual starting point. (shrink)

Global poverty is a huge problem in today's world. This survey article seeks to be a first guide to those who are interested in, but relatively unfamiliar with, the main issues, positions and arguments in the contemporary philosophical discussion of global poverty. The article attempts to give an overview of four distinct and influential normative positions on global poverty. Moreover, it seeks to clarify, and put into perspective, some of the key concepts and issues that take center stage in the (...) philosophical discussion of global poverty. The four positions to be discussed are labeled the Maximalist Position, the Minimalist Position, Intermediate Position I and Intermediate Position II. After an account of these four distinct positions, we turn, in the conclusion, to a discussion of what role empirical sciences such as economics and political science should play in normative considerations about global poverty. (shrink)

The ethics of corruption cannot be analysed without simultaneously addressing the legitimacy of public office or entrusted power. This paper introduces a concept of core unethical corruption, defined as violations of distributed ethical obligations for private gain. In other words, it is suggested that what is ethically wrong with corruption is that it entails the violation of certain obligations attributed to agents. By explicitly relating corruption to obligations, this approach helps make ethical sense of the concepts of public office or (...) entrusted power, attending to the question of their legitimacy. Since distributed obligations are implied by a wide range of ethical theories, the concept of core unethical corruption also reflects a (partial) overlapping consensus on the ethics of corruption. (shrink)

What kind of citizenship education, if any, should schools in liberal societies promote? And what ends is such education supposed to serve? Over the last decades a respectable body of literature has emerged to address these and related issues. In this state of the debate analysis we examine a sample of journal articles dealing with these very issues spanning a twenty-year period with the aim to analyse debate patterns and developments in the research field. We first carry out a qualitative (...) analysis where we design a two-dimensional theoretical framework in order to systematise the various liberal debate positions, and make us able to study their justifications, internal tensions and engagements with other positions. In the ensuing quantitative leg of the study we carry out a quantitative bibliometric analysis where we weigh the importance of specific scholars. We finally discuss possible merits and flaws in the research field, as evidenced in and by the analysis. (shrink)

While there is a substantial conceptual literature on equality in education, there has been little clarificatory discussion on the term equity, despite its frequent use in policy and planning documents. The article draws out some different ways in which equity can be understood in education. It distinguishes three forms of equity, looking at the social context when major shifts in the meaning of the term took place in English—the fourteenth century, the sixteenth century and the eighteenth century. Terming these equity (...) from below, equity from above, and equity from the middle, the analysis highlights how each helps clarify aspects of the concern with diversity within the capability approach. The conclusion drawn is that all three forms of equity need to be placed in articulation to expand capabilities in education. (shrink)

In this paper I wish to comment upon the use of polemical argument in philosophy of education and education. Like Foucault, I believe that a whole morality is at stake because polemical argument obfuscates the search for truth at the expense of truth and the other’s veracity, integrity and dignity. The use of polemics is illustrated by two arguments. The first general argument is taken from an attack upon Albert Camus by the British writer Colin Wilson. The second more particular (...) example is taken from attacks in New Zealand by the State Department of Education upon the educational ideas of the novelist and educator Sylvia Ashton-Warner. Finally I discuss how polemics might be countered in education. (shrink)

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...) Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

This paper examines the role of vulnerability in the basis of business ethics by criticizing its role in giving a moral substantial character to fiduciary duties to shareholders. The target is Marcoux’s (Bus Ethics Q 13(1):1–24, 2003) argument for morally substantial fiduciary duties vis-à-vis the multifiduciary stakeholder theory. Rather than proceed to support the stakeholder paradigm, a conception of vulnerability is combined with Heath’s 2004) “market failure” view of the ethical obligations of managers as falling out of their roles as (...) professionals involved in the institution of the market. The result is the core of a theoretically defensible and managerially motivating and deployable ethic. (shrink)

Fulford’s discussion of ‘values-based practice’ as a model for medical ethics is deeply puzzling. First, it remains unclear what exactly he takes values to be or how tyhey can be based in clinical skills. Second, his proposal does not make it clear whose values these are supposed to be. I conclude that his attempt in effect to take the morality out of ethics fails.

The purpose of this paper is to challenge the suggestion that Kant offers a solution to the Reinhold/Sidgwick Problem in his Metaphysics of Morals. The problem, briefly, is about how Kant can hold moral evil to be imputable when he also seems to hold that freedom is found only in moral actions. After providing a new formulation of this problem under the title ‘Objection R/S’ and describing the popular strategy for addressing it through reference to this text, the paper recounts (...) some of the history relevant to interpreting the passage in question. The paper then argues that this strategy is not supported by the text and indeed proves to be contrary to other arguments that are central to Kant's moral thought. The closing section briefly considers other possible ways of addressing the Objection R/S. (shrink)

Justice and Health Care: Selected Essays collects, in a systematic but non-chronological fashion, ten of Buchanan’s most significant essays on justice and health care, written over a period of almost three decades. As the Obama administration continues to struggle to implement much-needed comprehensive health care reform in the hopes of controlling rising health care costs and extending affordable health care to over 46 million uninsured Americans, there could hardly be a more appropriate time to read Buchanan’s selected essays.