Liberal egalitarians have been wary of being orientated by the empathetic understanding of others lest it offends the separateness of persons. This worry can be overcome by embracing second‐order as well as first‐order empathetic‐imagination, while doing so strengthens liberal‐egalitarian claims to treat all with equal concern and respect. ‘First‐order’ empathic‐imagination, which accesses objective knowledge about a person’s experience, is a necessary but not sufficient part of relating to others as agents. ‘Second‐order’ empathic‐imagination, encompassing a ‘disposition of surprise’ at an agent’s (...) ability to have a valued life contrary to what is normally and reasonably expected, should also be encouraged. This disposition accepts that making fundamental mistakes in empathic‐imagination is inevitable, but by being disposed to recognize these as mistakes a person is more open to understanding and identifying with ‘disadvantaged others’ who are agents. As a result, policy‐makers and practitioners must recognize a potential tension between promoting social systems that redistribute resources and the image those defined as ‘worse‐off’ hold of themselves. Such interventions need to be sensitive to the positive image those they view as disadvantaged may hold of themselves, while nevertheless recognizing their entitlement to resources to improve their condition. (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.

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

In his essay 'The Scandal of Skepticism', Stanley Cavell discusses aspects of the work of Emmanuel Levinas with a view to understanding how 'philosophical and religious ambitions so apparently different' as his own and those of Levinas can have led to 'phenomenological coincidences so precise'. The present paper explores themes of scepticism and alterity as these emerge in the work of these two increasingly influential philosophers. It shows education to be a sustained preoccupation in their work, crucially related to these (...) guiding themes. In the process it seeks to dispel certain assumptions regarding poststructuralism, on the one hand, and the religious implications of Levinas's thought, on the other. This lays the way for an account of the criticality of human being, of the significance of this for community, and of the demands this makes on education. (shrink)

Near the end of his target article, Baron argues that we need to address the question of how to conduct education in consequentialist decision making. However, recent trends in education have deemphasized and denigrated decentered and decontextualized thought. It is argued here that perspective decentering and decontextualized thinking are absolutely essential to the development of consequentialist reasoning.

Some democratic theorists have argued that contemporary people should practice only a civility that recognizes others as equal persons, and eschew any form of deference to authority as a feudalistic cultural holdover that ought to be abandoned in the modern era. Against such views, this essay engages early Confucian views of ethics and society, including their analyses of different sorts of authority and status, in order to argue that, properly understood, deference is indeed a virtue of considerable importance for contemporary (...) democratic societies and the citizens who constitute them. (shrink)

In normative ethical theory, computer ethics belongs to the area of applied ethics dealing with practical and everyday moral problems arising from the use of computers and computer networks in the information society. Modern scholarship usually approves deontological and utilitarian ethics as appropriate to computer ethics, while classical theories of ethics, such as virtue ethics, are usually neglected as anachronistic and unsuitable to the information era and ICT industry. During past decades, an Aristotelian form of virtue ethics has been revived (...) in modern philosophical enquiries with serious attempts for application to computer ethics and cyberethics. In this paper, the author argues that current trends and behaviours in online communication require an ethics of self-care found in Plotinus’ self-centred virtue ethics theory. The paper supports the position that Plotinus’ virtue ethics of intellectual autonomy and self-determination is relevant to cyberethics discussions involved in computer education and online communication. (shrink)

Ethicists of care have objected to traditional moral philosophy's reliance upon abstract universal principles. They claim that the use of abstraction renders traditional theories incapable of capturing morally relevant, particular features of situations. I argue that this objection sometimes conflates two different levels of moral thinking: the level of justification and the level of deliberation. Specifically, I claim that abstraction or attention to context at the level of justification does not entail, as some critics seem to think, a commitment to (...) abstraction or attention to context at the level of deliberation. It follows that critics who reject a theory's use of abstraction at the level of justification have not shown that the theory recommends abstraction at the level of deliberation and that it, therefore, compels the deliberating agent to overlook morally salient details. (shrink)

This paper identifies the different normative ethical arguments stated and suggested by Arjuna and Krishna in the Gītā , analyzes those arguments, examines the interrelations between those arguments, and demonstrates that, contrary to a common view, both Arjuna and Krishna advance ethical theories of a broad consequentialist nature. It is shown that Krishna’s ethical theory, in particular, is a distinctive kind of rule-consequentialism that takes as intrinsically valuable the twin consequences of mokṣa and lokasaṃgraha . It is also argued that (...) Krishna’s teachings in the Gītā gain in depth, coherence, and critical relevance what they lose in simplicity when the ethical theory underlying those teachings is understood as a consequentialism of this kind rather than as a deontology. (shrink)

The Author offers three interpretations of the Rawlsian conception of liberty. At the same time he compares this formal version of civil and political liberty with the substantive version produced by the republican theory of liberty. The first question is this: Can liberties be unequal? Here the liberal concept of liberty is discussed linking human will of liberty and equality. The second question is: Can liberties be equal when their respective values are not? The Author stresses the Rawlsian distinction between (...) liberty and the value of liberty showing the risk of reducing the less powerful to dependency. The third question is: Can political liberty be limited for the sake of personal liberties? From a republican perspective the answer to the Rawlsian instrumental conception of political liberty is that all personal liberties are necessarily founded on political liberty.*. (shrink)

Reporters' use of government data bases can create problems with serving justice and maintaining privacy. Although there are many advantages to the new reporting tool, problems can arise when the information is inaccurate or is misused for purposes other than originally intended. The ethical question of maintaining privacy while ful-filling the political function of the media is discussed. Suggested guidelines are given.

Are inborn characteristics deserved or undeserved? Using Bertrand Russell's theory of descriptions and Peter Strawson's objection to this theory, I argue that this question does not make sense. In order to know whether a person deserves something she has, it is necessary to evaluate what she did before having it. But people did not exist before their birth, so they did not exist before having their inborn characteristics. Therefore, talking about people deserving their inborn characteristics does not make sense: these (...) characteristics are neither deserved nor undeserved. (shrink)

We briefly review the recent literature on globalization, and present empirical evidence showing that economic globalization has been correlated with higher economic growth and lower poverty rates. We then evaluate the consequences of economic globalization in light of standards of commutative justice as Smith articulated, distributive justice as Rawls presented, and practical justice as Kolm explicated. This essay argues that economic globalization fulfills the requirements of all three species of justice.

I raise three objections to Pettit’s republican account of justice: 1) that it fails to account adequately for the role of certain values such as substantive fairness; 2) that it represents an uncomfortable hybrid of egalitarianism and sufficientarianism; and 3) that it fails Pettit’s own “eyeball test”. I then conclude in a more constructive vein, speculating about the kind of account of justice it is supposed to be and suggesting that, construed a certain way, it may have resources for answering (...) the three objections. (shrink)

The reception so far of Kitcher's Vaulting Ambition reminds me of the old saw about the difference between an optimist and a pessimist. Looking at the same glass of water, the former sees it as half full while the latter sees it as half empty. Some have seen Kitcher's book as a vindication of the possibility of an evolutionary science of human behavior; others have seen it as a devastating critique of the most influential efforts to date to construct such (...) a science. As in the joke about the water glass, both assessments have their point. Sociobiology is a research program, not a unified theory. What one can do is test particular hypotheses within this program and see whether they live up to reasonable standards of rigor and evidence. This is what Kitcher does, with great energy and care. (shrink)

(1998). Staging the self by performing the other: Global fantasies and the migration of the projective imagination 1. Cultural Values: Vol. 2, No. 2-3, pp. 288-304.

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)

Since rationality is a normative ideal, it is difficult to see how a theory of rationality might be subjected to empirical evaluation. This paper explores various aspects of this problem in relation to the work of L. J. Cohen, Amos Tversky and Daviel Kahneman, Ellery Eells, Isaac Levi, and Henry Kyburg. Special consideration is given to its significance for testing systems of inductive logic.

The disability rights movement (DRM) has often been closely associated with the liberal values of individual choice and independence, or the ‘ethics of agency’, where enhancing the capacity to make autonomous decisions in various policy and practice-based contexts is said to facilitate disabled people's well-being. Nevertheless, other liberal values are derived from what will be termed here the ‘ethics of self-acceptance’. The latter is more disguised in liberalism and the DRM, as rather than emphasising the capacity to make autonomous decisions, (...) self-acceptance focuses on the positive acceptance of individual limitations, but again to enhance well-being. The further argument is that while the ethics of agency and self-acceptance often logically cohere and overlap, through promoting the values of self-respect and relational autonomy, dilemmas arise from our asymmetrical, or uneven, dispositions towards time, and present and future lives and experiences. For example, positively accepting individual limitations allows for a present-oriented immersion in ‘the moment’, but which often requires some suspension of future-oriented goals and aspirations. Understanding some of the implications of this asymmetry, and the dilemmas arising from it, provide important insights concerning approaches to physical and intellectual impairments and the subsequent debates within the DRM, social policy and welfare practice. (shrink)

The moral complexity surrounding intervention is influenced by a broad spectrum of both ethical and practical assumptions and considerations.

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)

During the last decade, scholars have identified a number of factors that pose significant challenges to effective business ethics education. This article offers a "coping-modeling, problem-solving" (CMPS) approach (Cunningham, 2006) as one option for addressing these concerns. A rationale supporting the use of the CMPS framework for courses on ethical decisionmaking in business is provided, following which the implementation processes for this program are described. Evaluative data collected from N = 101 undergraduate business students enrolled in a third year required (...) course on ethical decision-making in business indicated that the CMPS model is a promising alternative for both overcoming teaching challenges and for facilitating skill acquisition in the areas of ethical recognition, judgment, and action. Limitations and directions for future research are discussed. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

As the increasing loss of ecosystem services severely affects life perspectives of today's poor and future populations, governing access to, and use of, ecosystem services in an intragenerational and intergenerational just way is an urgent issue. The author argues that theories of distributive justice should consider the distribution of access rights to ecosystem services. Three specific demands that a theory of distributive justice should fulfill to adequately cope with the distribution of access rights to ecosystem services, and show that Rawls??A (...) Theory of Justice? can be consistently extended to meet the identified demands. (shrink)

Institutional ethics committees (IECs) in health care facilities now create moral policy, provide moral education, and consult with physicians and other health care workers. After sketching reasons for the development of IECs, this paper first examines the predominant moral standards it is often assumed IECs are now using, these standards being neo-Kantian principles of justice and utilitarian principles of the greatest good. Then, it is argued that a feminine ethics of care, as posited by Carol Gilligan and Nel Noddings, is (...) an unacknowledged basis for IEC discussions and decisions. Further, it is suggested that feminine ethics of care can and should provide underlying theoretical tools and standards for IECs. (shrink)

Though the vegetarian movement sparked by Peter Singer’s book Animal Liberation has achieved some success, there is more animal suffering caused today due to factory farming than there was when the book was originally written. In this paper, I argue that there may be a technological solution to the problem of animal suffering in intensive factory farming operations. In particular, I suggest that recent research indicates that we may be very close to, if not already at, the point where we (...) can genetically engineer factory-farmed livestock with a reduced or completely eliminated capacity to suffer. In as much as animal suffering is the principal concern that motivates the animal welfare movement, this development should be of central interest to its adherents. Moreover, I will argue that all people concerned with animal welfare should agree that we ought to replace the animals currently used in factory farming with animals whose ability to suffer is diminished if we are able to do so. (shrink)

Following the recommendations of the US National Academy of Sciences and the mandates of the 1987 Nuclear Waste Policy Amendments Act, the US Department of Energy has proposed Yucca Mountain, Nevada as the site of the world's first permanent repository for high-level nuclear waste. The main justification for permanent disposal (as opposed to above-ground storage) is that it guarantees safety by means of waste isolation. This essay argues, however, that considerations of equity (safer for whom?) undercut the safety rationale. The (...) article surveys some prima facie arguments for equity in the distribution of radwaste risks and then evaluates four objections that are based, respectively, on practicality, compensation for risks, scepticism about duties to future generations, and the uranium criterion. The conclusion is that, at least under existing regulations and policies, permanent waste disposal is highly questionable, in part, because it fails to distribute risk equitably or to compensate, in full, for this inequity. (shrink)

T. M. Scanlon has alleged that the social practice of promising fails to capture the sense in which when I break my promise I have wronged the promisee in particular. I suggest the practice of promising requires the promisee to have a normatively significant status, a status with interpersonal authority with respect to the promisor, and so be at risk of a particular harm made possible by the social practice of promising. This formulation of the social practice account avoids Scanlon’s (...) concern without collapsing into what Elinor Mason has recently referred to as deflationism about promising. (shrink)

Several writers have recently developed proposals calling for a public policy that would allow a number of individuals to commit suicide if they so choose. Suicide, it is argued, is a fundamental matter of personal liberty and as such only very minimal restrictions should be placed on it. In this essay I offer a critique of these views and the public policies they entail. The result is a defense of the general outlines of current professional and legal policies which permit (...) intervention, even coercive intervention, with suicidal persons in almost every case. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

This paper addresses an important multi-disciplinary issue of current interest, that is, the implications of technological design for fairness. A visual, graphical methodology centered on the Taylor-Russell diagram is proposed to address this issue. The Taylor-Russell diagram helps to identify and explore ways in which predictions built into designs can pit the interests of different constituencies against one another. The configuration of the design represents a trade-off between the interests of the communities involved. Whether or not the trade-off is appropriate (...) constitutes a problem of fairness or distributive justice. The breadth of this methodology is supported by a diversity of examples analyzed. These include a surveillance system, an automotive safety system, a civic information system, and the international food distribution system. These examples provide models for application of the methodology to the analysis of designs in further areas of concern. Limitations of the methodology are also discussed. While it helps to identify and clarify issues of fairness in technology design, the methodology does not provide a general theory of fairness, nor can it provide fair solutions to such issues without appeal to further principles or concepts. (shrink)

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...) individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

ABSTRACTIt is often held that disagreement over non-normative facts is less significant to the project of public justification than disagreement over relevant moral norms. But this dismissal of non-normative factual disagreement is unjustified—an ad hoc attempt to save the ideal of public justification from the endemic actual disagreement that threatens it. Disagreement over norms is relevant to political legitimacy; so, too, is disagreement over facts. I draw two implications from this point. First, inasmuch as accounts of public justification typically involve (...) a unanimity condition, public justification should not be thought a desideratum of political legitimacy. Second, virtuous political praxis will often involve enforcing legislation in spite of unresolved non-normative factual disagreement. That is, with respect to legitimacy, there is nothing morally amiss about such legislation. Clearly these last claims presuppose some basis for legitimacy other than agreement; I will only gesture at what this might be. Assuming that much actual legislation is indeed legitimate, though—in spite of extant normative and non-normative disagreement—I go so far as concluding that such a basis, whatever it is, must exist. (shrink)

The qualitative research of Baum and colleagues (2009), among other things, reveals that people are worried about the financial consequences of social-distancing measures and that lack of trust in...