The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...) the capability theories of Sen and Martha Nussbaum. It also discusses two roles that well-being or a surrogate for well-being typically plays in theories of human rights: (a) well-being plays a role in the justification of at least some exceptions to human rights principles; and (b) some human rights seem to be best understood as rights to some level of well-being or expected well-being (or of a surrogate for one of them). It reviews two consequentialist challenges to the moral adequacy of non-consequentialist accounts of human rights, one based on a duty to relieve suffering and the other generated by Parfit's Non-Identity Problem, and concludes with a contrast between two ways of looking at the history of the development and implementation of human rights conventions and laws. Video abstract (click to view). (shrink)

Within the field of medical ethics, discussions related to public health have mainly concentrated on issues that are closely tied to research and practice involving technologies and professional services, including vaccination, screening, and insurance coverage. Broader determinants of population health have received less attention, although this situation is rapidly changing. Against this backdrop, our specific contribution to the literature on ethics and law vis-à-vis promoting population health is to open up the ubiquitous presence of pets within cities and towns for (...) further discussion. An expanding body of research suggests that pet animals are deeply relevant to people’s health (negatively and positively). Pet bylaws adopted by town and city councils have largely escaped notice, yet they are meaningful to consider in relation to everyday practices, social norms, and cultural values, and thus in relation to population health. Nevertheless, not least because they pivot on defining pets as private property belonging to individual people, pet bylaws raise emotionally charged ethical issues that have yet to be tackled in any of the health research on pet ownership. The literature in moral philosophy on animals is vast, and we do not claim to advance this field here. Rather, we pragmatically seek to reconcile philosophical objections to pet ownership with both animal welfare and public health. In doing so, we foreground theorizations of personhood and property from sociocultural anthropology. (shrink)

In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.

Organisational approaches to talent management are often concerned with the ways that a small proportion of relatively high-performing employees are identified and managed in relation to the majority. Despite a growing literature on talent management, no papers have provided any guidance on how to evaluate it from an ethical standpoint. After considering what is meant by talent, this paper considers the ethical issues that arise from the operation of talent management programmes. These considerations are then used to create a framework (...) that has the potential to influence the practical design of talent programmes and which may focus further debate into the ethics of talent management. (shrink)

Peter Winch, in his political philosophy, wanted to rethink the concepts of political authority, legitimacy and political culture, with a starting point in Wittgensteinian ideas. This essay brings together Winch's thoughts on political authority. Developing insights from Wittgenstein's work on certainty, Winch emphasised the unstated background behind any normative stand concerning authority. Ideas of legitimacy and civil society are formed within historically specific political cultures. In the 1990s, Winch was increasingly inclined to emphasise disagreement, which was related to his developing (...) views on understanding, logic and reasoning. This development is traced, in part, on the basis of unpublished lecture notes. (shrink)

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)

Ethics, Policy & Environment, Volume 15, Issue 1, Page 45-50, March 2012.

This paper offers a novel ‘changing places’ account of identification in games, where the consequences of role swapping are crucial. First, it illustrates how such an account is consistent with the view, in classical game theory, that only outcomes (and not pathways) are significant. Second, it argues that this account is superior to the ‘pooled resources’ alternative when it comes to dealing with some situations in which many players identify. Third, it shows how such a ‘changing places’ account can be (...) used in games where some of the players identify with one another, but others do not. Finally, it illustrates how the model can handle the notion that identification comes in degrees. (shrink)

The Article focuses on the concept of social solidarity, as it is used in the Report of the International Bioethics Committee On Social Responsibility and Health. It is argued that solidarity plays a major role in supporting the whole framework of social responsibility, as presented by the IBC. Moreover, solidarity is not limited to members of particular groups, but potentially extended to all human beings on the basis of their inherent dignity; this sense of human solidarity is a necessary presupposition (...) for a genuinely universalistic morality of justice and human rights. (shrink)

I argue for compatibility between feminism and medicine by developing a model of the physician-other relationship which is essentially egalitarian. This entails rejection of (a) a paternalistic model which reinforces sex-role stereotypes, (b) a maternalistic model which exclusively emphasizes patient autonomy, and (c) a model which focuses on the physician's conscience. The model I propose (parentalism) captures the complexity and dynamism of the physician-other relationship, by stressing mutuality in respect for autonomy and regard for each other's interests.

Transformative technologies can radically alter human lives making us stronger, faster, more resistant to disease and so on. These include enhancement technologies as well as cloning and stem cell research. Such technologies are often approved of by many liberals who see them as offering us opportunities to lead better lives, but are often disapproved of by conservatives who worry about the many consequences of allowing these to be used. In this paper, we consider how a democratic government with mainly liberal (...) values that is governing a population divided between liberals and conservatives can introduce new transformative technologies and try to achieve consensus about the introduction of such technologies. To do so, we draw on recent work in moral psychology which enables us to better understand the intuitive and emotional responses that underpin conservative objections to such new technologies. We then show how a government may introduce incremental changes in our social practices that have the long-term effect of weakening conservative objections to transformative technologies and better enabling governments to achieve consensus about these. (shrink)

The purpose of this paper is to consider the following question: To what extent is it permissible for a liberal democratic state to suppress the spread of illiberal ideas (including anti-democratic ideas)? I will discuss two approaches to this question. The first can be termed the clear and imminent danger approach, and the second the preventive approach. The clear and imminent danger approach implies that it is permissible for liberal states to suppress the spread of illiberal doctrines and ideas only (...) if they pose a clear and imminent danger to security and/or the stability of liberal democratic institutions. The preventive approach, which is the one that I will propose and defend, goes further than this: it implies that it can also be permissible for a liberal state to restrict the spread of illiberal doctrines and ideas in order to prevent certain extremist illiberal groups (which I will term offensive illiberal groups) from gaining increased popular and political support, and in order to prevent such groups from becoming significant and powerful political actors. However, the evaluation and choice of liberty-limiting suppressive measures should be guided and restricted by two principles or side-constraints: the significance principle and the least restrictive means principle. (shrink)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

This article deals with the conceptual features and the rational justification of moral rights. For this purpose, the author starts with a common classification of rights, i.e., the distinction between rights in rem and rights in personam. He argues that rights of the first kind can be justified by a two‐fold application of the principle of universalizability, while the latter are based on moral rules concerning special social relations, rules which themselves are founded on the principle of universalizability. This distinction, (...) however, does not suffice to cover a further category of rights that play a very important role in social life, namely the rights of community membership, i.e., the particular rights that exist between the members of a social community. These rights cannot be derived from universalizability alone, but, instead, are based on the idea of social justice. This paper provides a short account of the main principles of social justice, and tries to apply them to property and welfare rights. (shrink)

The relation between rationality in science and rationality in moral discourse is of interest to philosophers and sociologists of science, to educators and moral philosophers. Apparently conflicting conceptions of rationality can be detected at the core of two current socio-educational controversies: the creationievolution controversy and that concerning “moral education.” This paper takes as its starting point the recorded views of participants in these controversies; exhibits the contradictions and their effect on the public; relates these contradictions to developments in the philosophy (...) and history of science; and suggests, in a preliminary way, one approach for dealing with the problem. (shrink)

Recent work on consequentialism has revealed it to be more flexible than previously thought. Consequentialists have shown how their theory can accommodate certain features with which it has long been considered incompatible, such as agent-centered constraints. This flexibility is usually thought to work in consequentialism’s favor. I want to cast doubt on this assumption. I begin by putting forward the strongest statement of consequentialism’s flexibility: the claim that, whatever set of intuitions the best nonconsequentialist theory accommodates, we can construct a (...) consequentialist theory that can do the same while still retaining whatever is compelling about consequentialism. I argue that if this is true then most likely the non-consequentialist theory with which we started will turn out to have that same compelling feature. So while this extreme flexibility, if indeed consequentialism has it (a question I leave to the side), makes consequentialism more appealing, it makes non-consequentialism more appealing too. (shrink)

Recent work on the nature of luck widely endorses the thesis that an event is good or bad luck for an individual only if it is significant for that individual. In this paper, I explore this thesis, showing that it raises questions about interests, well-being, and the philosophical uses of luck. In Sect. 1, I examine several accounts of significance, due to Pritchard (2005), Coffman (2007), and Rescher (1995). Then in Sect. 2 I consider what some theorists want to ‘do’ (...) with luck, taking important examples from epistemology (explaining Gettier-style examples) and political philosophy (offering a rationale for the just distribution of resources in society), while suggesting implications for significance. Drawing together lessons from Sects. 1 and 2, I develop a new account of significance in Sect. 3 before concluding with reflections on the debate in Sect. 4. (shrink)

In this article, six demoralising processes in the context of the company are identified. These processes promote a realm of ' being-with', in which outcomes of human interaction are evaluated on rational grounds, and on whether or not a particular action accorded with stipulated ethical rules. Thereby the realm of 'being-for', in which individuals are supported to take increased responsibility, is marginalized. The conclusion made is that not only do the demoralizing processes systematically produce moral distance between humans, which weakens (...) individual spontaneous outbursts of sympathy to take increased moral responsibility, they also promise to release individuals from their moral ambivalence by declaring organised action morally indifferent. Organisational action is, in other words, declared as adiaphoric - beyond good and evil. (shrink)

Social norms are an important input for ethical decisions in any business context. However, the cross-cultural discovery of extant social norms presents a special challenge to international management because norms may be inscrutable to outsiders. This article considers the contribution of Integrative Social Contracts Theory (ISCT) to the analysis of social norms in business ethics. It questions the origins and dynamics of norms from a sociological perspective, and identifies a tension between prescriptive efforts to make norms obligatory and positivist accounts (...) that describe norms as evolving and unstable. In the presence of dynamic and incomplete norms, managers can either deliberate with stakeholders to make norms flexible or codify norms to make them rigid. This essay argues that deliberation is the only reliable method for anticipating emergent norms. (shrink)

In July 2008, Pacific Rim Mining, a socially responsive Canadian gold mining Multinational Corporation (MNC) with $77 million invested in El Salvador, experienced a 30% decline in stock price when it suspended exploration drilling for gold there. In April 2009, the company filed a lawsuit against the government of El Salvador through Central American Free Trade Agreement to recover its investments plus damages. This corporate failure is explored based on: (1) four globalization economic development models, (2) the social, political, and (...) economic history of El Salvador, (3) the El Salvador gold mining industry, and (4) social movement reactions to international mining companies. MNCs must carefully engage "Social Justice" Nongovernment Organizations when pursuing economic development projects to ensure a nation's successful integration into the global economy. (shrink)

A majority of the countries in the world are still considered "developing," with a per capita income of less than U$1,000. Hahn (2008, Journal of Business Ethics 78, 711–721) recently proposed an ambitious business ethics research agenda for integrating the "bottom-of-the-pyramid" countries (Prahalad and Hart, 2002, Strategy and Competition 20, 22–14) through sustainable development and corporate citizenship. Hahn's work is among the growing field of research in comparative business ethics including the global business ethics index (Michalos, 2008, Journal of Business (...) Ethics 79(1), 9–19; Scholtens and Dam, 2008, Journal of Business Ethics 75(3), 273–284; Tsalikis and Seaton, 2008, Journal of Business Ethics 75(3), 229–238). This article is complementary to Hahn's work and it advocates an urgent need for business ethics researchers to globally integrate the bottom-of-thepyramid countries through a fundamental re-definition of the global economic triad, including the United States, Western Europe, and Japan [Ohmae, 1985, Triad Power: The Coming Shape of Global Competition (New York: Free Press)]. The definition that we propose is based on business systems and institutional perspectives that include the bottom-of-the-pyramid countries. We also propose to broaden the research in business ethics to enable comparisons across business systems indifferent income levels. (shrink)

Services of ethics consultants are nowadays commonly used in such various spheres of life as engineering, public administration, business, law, health care, journalism, and scientific research. It has however been maintained that use of ethics consultants is incompatible with personal autonomy; in moral matters individuals should be allowed to make their own decisions. The problem this criticism refers to can be conceived of as a conflict between the professional autonomy of ethics experts and the autonomy of the persons they serve. (...) This paper addresses this conflict and maintains that when the nature of both ethics consultation and individual autonomy is properly understood, the professional autonomy of ethics experts is compatible with the autonomy of the persons they assist. (shrink)

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

The main thesis of this paper is that it is not possible to determine the nature of epistemic justification apart from scientific psychological investigation. I call this view the strong thesis of methodological psychologism. Two sub-theses provide the primary support for this claim. The first sub-thesis is that no account of epistemic justification is correct which requires for the possession of at least one justified belief a psychological capacity which humans do not have. That is, the correct account of epistemic (...) justification must be psychologically realistic. The second sub-thesis is that it is not possible to determine whether an account of epistemic justification is psychologically realistic apart from scientific psychological investigation. After defending these subtheses, I point out some interesting consequences of the overall thesis which present a challenge to traditional epistemology. (shrink)

Psychiatrists are frequently called upon to make assessments of the rationality or irrationality of persons for a variety of medical-legal purposes. A key category is that of evaluations of a patient's capacity to grant informed consent for a medical procedure. A diagnosis of mental illness is neither a necessary nor a sufficient condition for a finding of incompetence. The notion of competency to grant consent, which is a mixed psychiatric-legal concept, shares some features with philosophical conceptions of rationality, but differs (...) from them in a number of important respects. This article describes the actual practice of psychiatrists when making such judgments, along with the standards of competency they employ. A comparison is made between those notions of competency and predominant philosophical conceptions of rationality. (shrink)

Rationality and reasonableness are often sharply distinguished from one another and are even held to be in conflict. On this construal, rationality consists in means-end calculation of the most efficient means to one's ends (which are usually taken to be self-interested), while reasonableness consists in equitableness whereby one respects the rights of other persons as well as oneself. To deal with this conflict, it is noted that both rationality and reasonableness are based on reason, which is analyzed as the power (...) of attaining truth, and especially necessary truth. It is then shown that, by the rationality involved in reason, the moral principle of reasonableness, the Principle of Generic Consistency (PGC), has a stringently rational justification in that to deny or violate it is to incur self-contradiction. Objections are considered bearing on relevance and motivation. It is concluded that, where reasonableness and egoistic rationality conflict, the former is rationally superior. (shrink)

This paper discusses justice-constrained libertarian claims that were proposed as a way to circumvent the impossibility of the Paretian liberal. Since most of the results are negative in character, we suggest an alternative route: A requirement on the structure of individual orderings should be combined with the idea that under particular circumstances individual decisiveness should be controlled by higher-order principles.

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.

Democratic theory values diversity and pluralism, a market-place of visions und experiences of the good life. Presently conceived, education in democratic societies, because of the assumed requirement of neutrality concerning life choices, deters the flourishing of valuable versions of the good life which are the sine qua non of democratic society. A proposal is made about education which, on the one hand, upholds the relationships of democratic society, but at the same time fosters co-existence with dignity of a plethora of (...) cultural, ideological, ethnic and religious life options. (shrink)

. Caring at a Distance: partiality, Moral Motivation and the Ethics of Representation - Asylum and the Principle of Proximity. Ethics, Place & Environment: Vol. 3, No. 3, pp. 313-317.

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)

This paper explores both differences and points of contact between selected contemporary theories of public ethics in the West and China. China is in a greater state of flux in this connection, with new, eclectic approaches to ethical justification for moral agency gaining prominence. There are thematic parallels between East and West in their distinct strains of institutionalism . However, there are recent Chinese theoretical proposals – many incorporating Western sources – that address this quandary, namely the institutional overdetermination of (...) moral agency. These proposals are joined to contributions from feminist and liberation ethics in a critical reconsideration of overridingness in formal ethics. Contemporary Chinese ethics connect moral claims to kin, community, and reciprocity networks, particularly as traditional philosophy is recovered in new theoretical syntheses. The grounding of Confucian ethics i.. (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.

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)