ABSTRACT There are, at present, at least two basic forms of market economy: one that tends to be open to innovative ideas; the other that tends to be more oriented to social services. The normative significance of these two “models” of market society—roughly speaking, the American and the Continental models—can best be appreciated by noticing that in the first model, entrepreneurship, and participation in the economy more generally, can be a major source of satisfaction for the entrepreneurs and employees, independently (...) of their financial compensation. In the second model, the economy is primarily a means to the end of the goods it produces. Although the second type may be as suited to producing goods as the first type, it has fallen short—for reasons that economists now understand—in generating employee engagement and the satisfactions of exploration and self‐realization. (shrink)

This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in (...) the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views. (shrink)

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the (...) text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much-debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency. (shrink)

Cognitive neuroscientists have anticipated the union of neural and behavioral science with ethics. The identification of an ethical rule—the dictum that we should treat others in the manner in which we would like to be treated—apparently widespread among human societies suggests a dependence on fundamental human brain mechanisms. Now, studies of neural and molecular mechanisms that underlie the feeling of fear suggest how this form of ethical behavior is produced. Counterintuitively, a new theory presented here states that it is actually (...) a loss of social information that leads to sharing others' fears with our own, thus allowing us to treat others as we would like to be treated. Adding to that hypothetical mechanism is the well-studied predilection toward affiliative behaviors. Thus, even as Chomsky hypothesizes that humans are predisposed to utter grammatical sentences, we propose that humans are ‘wired for reciprocity’. However, these two neural forces supporting ethical behavior do not explain individual or collective violence. At any given moment, the ability to produce behavior that obeys this ethical rule is proposed to depend on a balance between mechanisms for prosocial and antisocial behaviors. That balance results not only from genetic influences on temperament but also from environmental effects particularly during critical neonatal and pubertal periods. (shrink)

One of the central theses of egalitarian liberals in the domain of distributive justice is that talented individuals should not be allowed to keep their entire market-income even if it flows solely from their greater abilities. This claim is usually supported by one of several arguments or some mixture of them, but in the present paper, I want to concentrate on the version that invokes equality of opportunity as its starting point. Namely, it is claimed that every human being should (...) enjoy an equal starting point in the life-race but that this is not secured insofar as some have greater natural talents than others. Therefore, egalitarians hold that results that arise from such an unfair situation are unjust and should be corrected by a redistributive taxation. I want to criticize this argument by hoping to show that it presupposes an untenable view about identity of persons. (shrink)

Editor's Comment: One of the functions of the journal is to develop an awareness of its own history. These papers are online-only papers that discuss the first ten years of the journal going back to 1969. Every so often the journal publishes synoptic articles that take a broad approach to the beginning of the Society and the journal to treat major themes and topics. As one can clearly see EPAT published many of the luminaries that helped to shape the discipline.

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and motivational (...) challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...) because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse. (shrink)

(2006). The Social Theory of Anti‐Liberalism. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 137-154.

Different philosophers tried ways to restore the role of reason in ethics. This shift in the philosophical climate was influenced by--or was at least in accordance with--the thought of the later Wittgenstein. In particular, this article will consider the relevance of Wittgenstein for cognitivist views, such as that of S. Toulmin, relativist like G. Harman, and British moral realists like S. Lovibond and J. McDowell. In fact, Wittgenstein is one of the founding fathers of antifoundationalism. He gives us the hopeful (...) insight that the end of foundationalism does not necessarily imply the end of moral philosophy but must be considered a new start of it. (edited). (shrink)

Drawing from four Arendtian themes-plurality, the public realm, power, and perspective appreciation-I argue for citizenship as a "politics of enlarged mentality." This term suggests an alternative conception of citizenship that surpasses the limits of both the liberal and civic republican traditions. Unlike the masculinized liberal ideal of the citizen and contrary to the gendered universality that defines the civic republican traditions, a politics based on enlarged mentality combines context sensitivity with principled judgments.

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that it (...) involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

Grounded in what Alan Wertheimer terms the nonworseness claim, it is thought by some philosophers that what will be referred to herein as better-than-permissible acts —acts that, if undertaken, would make another or others better off than they would be were an alternative but morally permissible act to be undertaken—are necessarily morally permissible. What, other than a bout of irrationality, it may be thought, would lead one to hold that an act (such as outsourcing production to a sweatshop in a (...) developing country) that produces more benefits for others than an act that is itself morally permissible (such as not doing business in the developing country at all) with respect to those same others, is not morally permissible? In this article, I argue that each of the two groups of philosophers that are most likely to accept the nonworseness claim—consequentialists and non-consequentialists—have reason to reject it, and thereby also have reason to reject the belief that better-than-permissible acts are necessarily morally permissible. (shrink)

According to the argument from self-sacrifice, standard, unrestricted desire-based theories of welfare fail because they have the absurd implication that self-sacrifice is conceptually impossible. I attempt to show that, in fact, the simplest imaginable, completely unrestricted desire-based theory of well-being is perfectly compatible with the phenomenon of self-sacrifice – so long as the theory takes the right form. I go on to consider a new argument from self-sacrifice against this simple theory, which, I argue, also fails. I conclude that, contrary (...) to popular opinion, considerations of self-sacrifice do not pose a problem for preferentist theories of welfare. (shrink)

Natural selection generated a natural sense of justice. This natural sense of justice created a set of natural rights; rights humans accorded to each other in virtue of being members of the same tribe. Sharing the responsibility for natural rights between all members of the same tribe allowed humans to take advantage of all opportunities for cooperation. Human rights are the present day political emanation of natural rights. Theoretically, human rights are accorded by all humans to all humans in virtue (...) of being humans; however, the idea that the corresponding responsibility is now shared among all humans is not broadly accepted. The natural sense of justice creates an ambiguity: on the one hand humans consider the nation they belong to as the social system that should guarantee their human rights ; on the other hand, as cooperation between nations intensifies, expectations of global mutual responsibility increase as well. (shrink)

Aristotle claims at Eudemian Ethics 1.2 that everyone who can live according to his own choice should adopt some goal for the good life, which he will keep in view in all his actions, for not to have done so is a sign of folly. This is an opinion shared by other ancients as well as some moderns. Others believe, however, that this view is false to the human condition, and provide a number of objections: (1) you can’t plan love; (...) (2) nor life’s surprises; (3) planning a whole life is of no use since the world changes too much; (4) as do our values; and (5) planning a life is something only dreary people would do. The aim of this paper is to examine these objections, as part of a broader attempt to defend the relevance of a eudaimonistic approach to the question of how to live well. (shrink)

The protection of human subjects in biomedical research relies on two principal mechanisms: assessing and comparing the risks and potential benefits of proposed research, and obtaining potential subjects' informed consent. While these have been discussed extensively in the literature, no attention has been paid to whether the processes should be different when the objective of an experimental biomedical intervention is to improve individual appearance, performance, or capability rather than to prevent, cure, or mitigate disease . This essay examines this question (...) in order to ensure that subjects in biomedical enhancement research receive adequate protection. (shrink)

This paper provides a defense of the following thesis: When there is reasonable disagreement over the design of morally necessary collective action schemes, it would not be reasonable to reject the authority of a democratic decision procedure to settle these disputes. My first argument is a straightforward application of contractualist reasoning, and mirrors T. M. Scanlon's defense of a principle of fairness for the distribution of benefits produced by a cooperative scheme. My second argument develops and defends the intuition that (...) treating others morally requires respecting their exercise of moral judgment, or a sense of justice. I conclude by addressing the problem of disagreement over the design of the democratic decision procedure itself, and rebutting Jeremy Waldron's claim that democratic authority is incompatible with judicial review. (shrink)

The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.

Life insurance settlements, or life settlements, are life insurance policies owned by investor-beneficiaries on the lives of unrelated individuals. With life settlements, investors make substantial payments to the insured individuals upon purchasing such policies, pay any remaining premius, and collect the death benefits upon the demise of the insured individuals. Transactions involving life settlements seem poised to become a major source of profits for investment banks, comparable in dollar amount to subprime mortgages. With life settlements, the insured individuals suffer no (...) immediate harm, and the sale of a policy an individual owns is permissible under current law. Nevertheless, moral questions can be posed about the social values expressed by these practices, the effect of these practices on the virtue of charity, and the overall loss of social utility that will result from life settlements. We consider life settlements from utilitarian and libertarian perspectives, and then consider the effects of life settlements on social values and on individual character. On balance, we favor legislative changes in insurance and tax laws to discourage life settlements, and argue that certain forms of life settlements should be banned outright. (shrink)

Discourse about the use of animals in biomedical research usually focuses on two issues: its empirical and moral use. The empirical issue asks whether the use of nonhumans in experiments is required in order to get data. The moral issue asks whether the use of nonhumans can be defended as matter of ethical theory. Although the use of animals in research may involve a plausible necessity claim, no moral justification exists for using nonhumans in situations in which we would not (...) use humans. (shrink)

In this era of globalization, as the health problems of poor countries and rich countries become increasingly intertwined, medical research is being conducted at the international level. For example, a research study may be sponsored by a developed country and conducted in a resource-poor country to address health problems faced by both nations. The globalization of medical research is, in effect, quickly outpacing the development of internationally accepted ethical guidelines for the conduct of research. For many medical researchers working in (...) resource-poor countries, ethical decision-making is like sailing in the days before modern navigation; one is never quite sure where one is, or in what direction one is headed. Our aim in this article is to fix a few navigational points on an ethical compass to guide biomedical researchers from developed countries working in resource-poor countries.Just as one of the principles underlying the Hippocratic Oath is “First, do no harm,” a principle underlying medical research ethics may be “First, do not exploit.”. (shrink)

As we look to the future in a world with porous borders and boundaries transgressed by technologies, an inevitable question is:Can there be a single, global bioethics? Intimately intertwined with this question is a second one: How might a global bioethics account for profound - and constantly transforming - sources of cultural difference? Can a uniform, global bioethics be relevant cross-culturally? These are not simple questions, rather, a multi-dimensional answer is required. It is important to distinguish between two meanings of (...) bioethics: the academic discipline of bioethics as opposed to bioethics as a set of practices governing clinical care and scientific research. There is growing evidence to support the notion of a shared global understanding of bioethics as a field of inquiry focused on the moral dimensions of science and biomedicine. (shrink)

The resuscitation of deliberative democracy in the Information Age requires the construction of transparent public spaces ‐ public arenas where power relationships between speakers are discernible and debate ensues according to the rules of civility and reason (conversational transparency). The metaphor of transparency, in the sense of legal accountability, also connects the role of communications regulation to the development of democratic political culture (legal transparency). Finally, transparency suggests the power of technology to obscure and hinder as well as help the (...) progress of deliberative democracy (technological transparency). (shrink)

Is it possible to use the courts - or rights instruments - to advance fair access to health care? This article examines this question within the context of the Norwegian public health care system - one special example of the Scandinavian welfare system. In particular, it asks four basic questions: What are the normative justifications for rights to health care? What were the political processes and concerns leading up to the current Patients Rights Act in Norway? What kind of legal (...) status do these rights have? How can rights to access be implemented?Patient rights do not only concern the right to access to health care; they also include the right to information, the right to participate in decision-making, and informed consent. This article examines only the former aspect, the use of the legal system to secure access to prioritized specialized health care services. (shrink)

Care theory is used to describe an approach to global ethics and moral education. After a brief introduction to care ethics, the theory is applied to global ethics. The paper concludes with a discussion of moral education for personal, political, and global domains.

Technology explosion induced by information explosion will eventually change artifacts into intelligent autonomous agents consisting of surrogates and mediators from which humans can receive services without special training. Four potential problems might arise as a result of the paradigm shift: technology abuse, responsibility flaw, moral in crisis, and overdependence on artifacts. Although the first and second might be resolved in principle by introduction of public mediators, the rest seems beyond technical solution. Under the circumstances, a reasonable goal might be to (...) create a mutual dependency between empathy and technology: Using technology to help people cultivate empathy among people, so empathy in the society may allow people to help each other to recover from disasters beyond the scope of the assumption underlying the society of mediators. I highlight an immersive collaborative interaction environment for helping people share first-person view and its application to building empathic agents. (shrink)

Given the ubiquity and centrality of social and relational influences to the human experience, our conception of self-governance must adequately account for these external influences. The inclusion of socio-historical, externalist considerations into more traditional internalist accounts of autonomy has been an important feature of the debate over personal autonomy in recent years. But the relevant socio-temporal dynamics of autonomy are not only historical in nature. There are also important, and under-examined, future-oriented questions about how we retain autonomy while incorporating new (...) values into the existing set that guides our interaction with the world. In this paper, we examine these questions from two complementary perspectives: philosophy and neuroscience. After contextualizing the philosophical debate, we show the importance to theories of autonomous agency of the capacity to appropriately adapt our values and beliefs, in light of relevant experiences and evidence, to changing circumstances. We present a plausible philosophical account of this process, which we claim is generally applicable to theories about the nature of autonomy, both internalist and externalist alike. We then evaluate this account by providing a model for how the incorporation of values might occur in the brain; one that is inspired by recent theoretical and empirical advances in our understanding of the neural processes by which our beliefs are updated by new information. Finally, we synthesize these two perspectives and discuss how the neurobiology might inform the philosophical discussion. (shrink)

Corruption presents an assurance problem to businesses: all businesses are best off if none act corruptly but in the event that corruption occurs are better off if they act corruptly than if they do not, and because there is no assurance that other actors are not cheating a business does not know how to act. The usual solution to an assurance problem – criminal sanctions imposed on cheaters – does not work in a corrupt system. Integrative Social Contract Theory suggests (...) a solution to the assurance problem. Application of Integrative Social Contract Theory to corruption demonstrates that in the case of corruption it has advantages over international law, and that the theory's elegance lies in its recognition of norms generated by multiple communities. (shrink)

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

This paper asks whether political justice can be encapsulated by procedures. It examines John Rawls’s tripartite distinction between perfect, pure and imperfect procedural justice, concluding that none gives a satisfactory account of procedural justice. Imperfect procedural justice assumes that there could be an authoritative source of justice other than procedures, while perfect procedural justice takes a double-minded view of procedure-independent standards of justice. That leaves pure procedural justice as an apparently decisionistic mode of deciding which outcomes are just. This at (...) least avoids the confusion between having authoritative procedures and procedure-independent standards that are also purportedly authoritative. However, it is argued that even a political procedure that defines the extension of a term such a ‘justice’ will lack authority over it once its reference is fixed. Since Rawls’s categories of procedural justice are jointly exhaustive, the problem of determining justice via political procedures appears insoluble. (shrink)

John Rawls claims that the kind of citizenship education required by political liberalism demands ‘far less’ than that required by comprehensive liberalism. Many educational and political theorists who have explored the implications of political liberalism for education policy have disputed Rawls's claim. Writing from a comprehensive liberal perspective, Amy Gutmann contends that the justificatory differences between political and comprehensive liberalism generally have no practical significance for citizenship education. Political liberals such as Stephen Macedo and Victoria Costa maintain that political liberalism (...) requires a form of citizenship education that is far more demanding than that suggested by Rawls. Gordon Davis and Blain Neufeld, in contrast, defend Rawls's position. These different views have implications for the content of mandatory citizenship education, understanding of the ‘common school ideal,’ and the scope for educational choice within the framework of political liberalism. However, the differences between Gutmann, Macedo, and Costa, on the one hand, and Davis and Neufeld, on the other, might be attributable, at least in part, to their different foci. Gutmann, Macedo, and Costa focus on non-ideal theory, specifically the contemporary American context, whereas Davis and Neufeld begin, as does Rawls, within ideal theory, and consider non-ideal circumstances from that perspective. (shrink)

We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...) citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective 'comprehensive doctrines' (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the 'basic structure of society' as the appropriate subject of political justice that can overcome this objection. (shrink)

I believe that the data is both fascinating and instructive, but in this paper I will resist the conclusion that we must give up Invariantism, or, as I prefer to call it, Unificationism. In the process of examining the challenging data and responding to it, I will try to draw some larger lessons about how to use the kind of data being collected. First, I will provide a brief description of some influential theories of responsibility, and then explain the threat (...) to them from the experimental results. Finally, I will set out my general approach to the data, as well as some specific suggestions about how to think about each set of experiments. I will conclude that philosophers searching for a unified theory need not give up, but that at the same time they can learn a great deal from the new data. (shrink)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles governing (...) wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (shrink)

The aim of this paper is to provide a preliminary defence of the use of the concept of dignity in legal and ethical discourse. This will involve the application of three philosophical insights: (1) Ludwig Wittgenstein’s notion of language-games; (2) his related approach to understanding the meanings of words (sometimes summarised as ‘meaning is use’); and (3) Jeremy Waldron’s layered understanding of property wherein ‘property’ consists in an abstract concept fleshed out in numerous particular conceptions. These three insights will be (...) applied, in the first place, to the concept of ‘dignity’, which is chosen here as a good example of a concept which is both vague and contested in legal and ethical discourse, but which can nevertheless be rendered workable by the application of the aforementioned insights. Later, the analysis will be extended briefly to some other troublesome concepts in order to demonstrate its general application. This paper is concerned primarily with formal, rather than substantive questions about dignity. Matters of content will be touched on only insofar as is necessary to illustrate and illuminate my argument about how we ought to approach (rather than answer) questions about dignity. It should be emphasised that because there is no intention of exploring substantive questions in any depth, the discussion here will not delve into the criticisms of ‘speciesism’ often levelled against the idea of ‘human dignity’. ‘Speciesist’ theories are those that claim that the status, value, or rights of human beings can be regarded as being higher than that of other animals, purely on the basis of their membership of the human species, and without justifying the distinction by pointing to any relevant capacity or characteristic possessed by all and only human beings. For a critical description of speciesism see, e.g., Singer [18] Chapter Three passim; for present purposes, the term ‘dignity’ will be used synonymously with ‘human dignity’, and concerns about speciesism will not be considered. (shrink)

What role, if any, should the government perform in a society? Two very different answers to this question have been provided by John Rawls and Robert Nozick. For Rawls, the government plays an important role in ensuring that the principles of justice are realized in the workings of society. For Nozick, the role of government is limited to that of providing protection. The debate over these two views has led to the questioning of the entire liberal doctrine, a questioning that (...) has taken place not only within intellectual circles, but also within the society at large. (shrink)

In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...) sociopolitical and legal institutions. (shrink)