Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

The proposal I offer attempts to remedy the inadequacies of exclusive focus on well-being for moral purposes. The proposal is this: We should allow the agent to decide for herself where she wants to throw the weight that is her due in moral reflection, with the proviso that she understands the way that her weight will be aggregated with others in reaching a moral outcome. I will call this the "autonomy principle." The autonomy principle, I claim, provides the consequentialist's best (...) prospect for taking people into account morally in a way that they endorse. (shrink)

What is 'fairness' in the context of educational assessment? I apply this question to a number of contemporary educational assessment practices and policies. My approach to philosophy of education owes much to Wittgenstein. A commentary set apart from the main body of the paper focuses on my style of philosophising. Wittgenstein teaches us to examine in depth the fine-grained complexities of social phenomena and to refrain from imposing abstract theory on a recalcitrant reality. I write philosophy of education for policy (...) makers and teachers. Scrutiny of examples plays a vital role in communicating with such an audience. Starting points include 'accommodations' for disabled students, allegedly gender-biased tests, and the recruitment procedures of 'elitist' music conservatoires. A key intuition that fairness is associated with test validity turns out to be seriously flawed. Problems centre on the idea of a 'construct', and the supposed divide between an underlying construct and its behavioural manifestations. Equality of opportunity notions underlie some accusations of unfairness but there are alternative approaches to a just society. Both the judgments about fairness, and the proposed remedies are open to serious philosophical criticisms. There are widespread conceptual difficulties, together with inconsistent and contestable value judgments. (shrink)

We sometimes decide what to do by applying moral principles to cases, but this is harder than it looks. Principles are more general than cases, and sometimes it is hard to tell whether and how a principle applies to a given case. Sometimes two conflicting principles seem to apply to the same case. To handle these problems, we use a kind of judgment to ascertain whether and how a principle applies to a given case, or which principle to follow when (...) two principles seem to conflict. But what do we discern when we make such judgments—that is, what makes such judgments correct? The obvious answer is that they are made correct by whatever makes other moral judgments correct. However, that cannot be right, for a principle can be inconsistent with morality yet still apply in a particular way to a given case. If the principle is inconsistent with morality, then morality cannot be what we discern when we judge whether and how that principle applies to a given case. I offer an alternative account of what makes such judgments correct. (shrink)

Mounting evidence suggests that socioeconomic status is a determinant of health. As nations around the globe increasingly rely on market-based economies, the corporate sector has come to have a powerful influence on the socioeconomic gradient in most nations and hence upon the health status of their populations. At the same time, it has become more difficult for any one nation to influence corporate activities, given the increasing ease with which corporations relocate their operations from country to country, As a result (...) of all of these factors, nations wishing to assure the health of their populations will need to both involve the corporate sector and cooperate with other nations.In this article, we review the business ethics literature and consider what justification it might provide for requiring multinational corporations to attend to concerns about population health. (shrink)

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

The ArgumentSome have claimed that negative genetic interventions are morally permissible while positive ones are not, but the distinction cannot be used to draw this moral boundary. Underlying the negative/positive distinction is a distinction between treatment and enhancement. The treatment/enhancement distinction at best provides an imperfect guide to which health care services we are obliged to provide and which we are not. It offers only some “warning flags” to help us think about what is permissible or not.

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

Abstract It is usually attempted teleologically to demonstrate the rationality of the so?called scientific method. Goals or aims are posited (and their specification defended) and it is then argued that conformity with some body of methodological rules is conducive to the realization of these goals or aims. A ? deontological? alternative to this approach is offered, adapting insights of contemporary political philosophers, especially John Rawls and Bruce Ackerman. The ?circumstances of method? are defined as those circumstances in which it alone (...) makes sense to seek some method for the resolution of disputed issues. It is then shown that individuals who find themselves in these circumstances have reason to conduct themselves in conformity with certain simple rules of argumentation?have reason, indeed, in the very fact that they do so find themselves and altogether without reference to any goals or aims which it might be hoped to achieve. These rules require non?interference, responsiveness, relevance, and publicity, and are, arguably, the rules which define the concept (and which therefore provide a framework for various conceptions,) of scientific method. (shrink)

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or (...) ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us. (shrink)

Is there a connection between the values of fraternity and outcome equality? Is inequality at odds with fraternity? There are reasons to doubt that it is. First, fraternity requires us to want our ‘brothers’ and ‘sisters’ to fare well even when they are already better off than we are and their doing better will increase inequality. Second, fraternity seems not to require equality as a matter of fairness. Fairness requires equality, but fraternity does not require fairness.In examining what fraternity requires (...) I discuss Rawls' suggestion that the difference principle corresponds to a natural meaning of fraternity, arguing that fraternity may be even more tolerant of inequality than the difference principle. Nevertheless, I defend the claim that fraternity and equality are linked, albeit not in such a way as to make inequality inconsistent with fraternity. Fraternity is related to equality since equalizing expresses the connectedness at the core of fraternity; but inequality is consistent with fraternity since there are other ways of expressing that connectedness. (shrink)

In the spring of 1985, 272 upper?class and graduate students from four large journalism schools completed a questionnaire indicating their beliefs on issues relevant to media ethics. Respondents indicated a strong tendency to follow their audiences rather than their personal beliefs, when the two conflict, in making editorial judgments. They also placed high emphasis on audience research rather than on audience needs not fully appreciated by audience members. Contrary to what recent research literature suggests, those inclined to stress audience research (...) most tended to subscribe to a least common denominator mode, rather than an audience segmentation approach, when taking their audiences into account as prospective professional communicators. Results are considered in light of four postulates derived from recent literature on ethics. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...) unchecked. To address this problem, I begin from two basic questions: When are violations of human rights sufficiently serious to require an international response of some sort? What should that response be? By re-orienting the aim and justification of international law to focus on individual autonomy rather than on peace between nations, I argue that women's rights violations other than genocide and mass rape can warrant intervention. Military intervention is often counter-productive to the aim of achieving autonomy, however. I suggest a range of responses to human rights violations that includes military intervention as one end of the spectrum, and combine this with a greater understanding of the scope of human rights violations that require international response. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

Economists use tastes as a source of information about personal welfare and judge the effects of policies upon preference satisfaction; neoclassical welfare economics is the analytical embodiment of this preference sovereignty norm. For an initial distribution of wealth, the welfare-maximizing outcome is the one that exhausts all possible gains from trade. Gains from trade are defined relative to fixed ordinal preferences. This analytical apparatus consists of both the Pareto principle, which implies that externality-free voluntary trades increase welfare, and applied costbenefit (...) analysis, which attempts to weight costs and benefits when evaluating policies that are not Pareto improvements. (shrink)

Virtue and deontological ethics are now commonly contrasted as rival approaches to moral inquiry. However, I argue that neither metaethical party should seek complete, solitary domination of the ethical domain. Reductive treatments of the right or the virtuous, as well as projects that abandon the former or latter, are bound to leave us with a sadly diminished map of the moral territories crucial to our lives. Thus, it is better for the two parties to seek a more cordial and equal (...) relationship, one that permits metaethical pluralism, and acknowledges mutual dependence. I do not seek to prescribe how that relationship should look: this essay offers less a positive metaethical position than a prolegomenon to such a position, one that attempts to head off harmful attempts to reduce the territory of the aretaic to that of the deontic, or that of the deontic to the aretaic. (shrink)

This paper offers a critique of the “democratic state of education” proposed by Amy Gutmann in her influential book Democratic Education. In the democratic state of education, educational authority is shared among the state, parents and educational professionals; and educational objectives are geared toward equipping future citizens to participate in what Gutmann calls “conscious social reproduction”—the collective shaping of the future of society through democratic deliberation. Although I agree with some of Gutmann’s broad recommendations for civic education, I have misgivings (...) about the centrality that she gives to conscious social reproduction in her theory of education. I argue that in focusing so intently on the facilitation of conscious social reproduction, Gutmann’s theory makes insufficient room for the basic interests of individual children, and in particular, their prospective interest in autonomy. Gutmann’s considered position on sex education policy—specifically, her willingness to allow local communities to deny their children access to sex education—exemplifies the shortcomings of her theory. Ultimately, her democratic state of education fails to acknowledge the fundamental moral importance of individual flourishing, and the contribution that education can and should make to it. (shrink)

This paper investigates philosophically the question of whether or not college and university athletes in the USA are doing something morally wrong should they terminate their college or university experience prior to graduation and enter the professional athletic ranks. Various moral arguments are brought to bear in order to attempt to shed light on this issue. One reason why such athletes ?turn professional? before they graduate is the perceived economic exploitation they experience as essentially underpaid workers earning much revenue for (...) their respective institutions. But who is exploiting whom here? Is it just student athletes who are exploited by the system? I expand the reasoning about the exploitation of intercollegiate athletics to include not just student athletes, but their supporting colleges and universities. In the end, it is proposed that the National Collegiate Athletic Association and similar academically related athletic agencies should permit and encourage each of their constituent institutions as a matter of policy to protect themselves (and their supporting taxpayers, in the cases of public institutions) contractually from economic exploitation by professional sports franchises. Thus the question of student athletes leaving college for professional sports contracts has hidden beneath it questions of private professional sports franchises? exploitation of the institutions with which such student athletes are affiliated. (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 concept of a society is central to several areas of philosophy, including social and political philosophy, philosophy of social science and moral philosophy. Yet little attention has been paid to the concept and we do not have an adequate philosophical account of it. It is a concept that is difficult to explain systematically, and it is subject to distortion or simple-minded attacks whenever it plays a major role in a philosophical theory. Methodological individualists have raised metaphysical or ontological concerns (...) about the idea that there are such things as societies, and other philosophers have found the concept of a society to be unacceptably vague. For these reasons, I believe it worthwhile to devote this essay to an attempt to explain the concept. (shrink)

A minimum voting age is defended as the most effective and least disrespectful means of ensuring all members of an electorate are sufficiently competent to vote. Whilst it may be reasonable to require competency from voters, a minimum voting age should be rejected because its view of competence is unreasonably controversial, it is incapable of defining a clear threshold of sufficiency and an alternative test is available which treats children more respectfully. This alternative is a procedural test for minimum electoral (...) competence. A procedural test for minimum electoral competence also succeeds in fulfilling adults’ duties to promote children’s rational and moral engagement with democracy. A minimum voting age should therefore be rejected, all things considered. A procedural test for minimum literacy and independent voting is the most justified means to ensure competency from voters and to promote the democratic agency of children. (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)

What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and risks, (...) and ask what insurance contracts they would take out to secure different types of benefit and protection in the domain in question. The great benefit of the hypothetical insurance approach is that it allows us to take apparently intractable questions about interpersonal distribution and transform them into questions about intrapersonal distributions: that is, questions about how an individual would choose to distribute risks and resources across the various lives that they might end up living, in light of their individual ambitions and preferences. Applying this approach to higher education, we argue that the UK model of higher education funding in which the costs of an individual's higher education are shared between general taxation and the individual herself, with the latter element to be paid retrospectively through an income-contingent state-backed loan, is vindicated as just. In particular, we argue that it is more just than alternatives such as a graduate tax, full funding through general taxation, and full privatisation. (shrink)

This paper argues that Rawls’ principles of justice provide a normative foundation for stakeholder theory. The principles articulate (at an abstract level) citizens’ rights; these rights create interests across all aspects of society, including in the space of economic activity; and therefore, stakeholders – as citizens – have legitimate interests in the space of economic activity. This approach to stakeholder theory suggests a political interpretation of Boatright’s Moral Market approach, one that emphasizes the rights/place of citizens. And this approach to (...) stakeholder theory – in terms of citizens – raises a further question, what rights and obligations do economic agents have, beyond those attached to their roles as citizens? Rawls would reject additional rights and obligations of this sort for two reasons, one tied to freedom and one tied to pluralism. Rawls’ work therefore presses us to re-conceptualize the place of ethical claims in the economic context. (shrink)

Terminally ill elderly and long-term disabled persons under our system of health care are eligible for Medicare and may qualify for the hospice care benefit. Despite such provisions, research shows that individuals still frequently do not receive the health care they need. But, as inadequate as end-of-life care can be for the general population, these inadequacies are exacerbated for individuals incarcerated in U.S. prisons and jails. Although inmates are guaranteed a basic level of health care under the Eighth Amendment and (...) Due Process Clause, they lack the mobility or freedom to choose their health care coverage, and they are dependent on an institutional system for such care. Inside prison, security and access issues affect the care inmates receive. Further, the availability of adequate clinical resources, especially for high-cost procedures, may be problematic in some jurisdictions.In addition to the practical, institutional, and legal barriers to providing and improving general end-of-life care, efforts to improve end-of-life care for prisoners may also encounter a lack of public sympathy. (shrink)

According to an influential view, empathy has, and should have, a role in ethics, but it is by no means clear what is meant by 'empathy', and why exactly it is supposed to be morally good. Recently, Peter Goldie has challenged that view. He shows how problematic empathy is, and argues that taking an external perspective is morally superior: we should focus on the other, rather than ourselves. But this argument is misguided in several ways. If we consider conversation, there (...) is no need to see an opposition between a focus on the other and on ourselves. I propose to shift the perspective of the discussion towards the needs of those who are supposed to benefit from empathy, and to study how people communicate their imaginative processes towards their receivers. I end with an exploration of theoretical resources for an account of mutual perspective- shifting. (shrink)

Engineering can learn from ethics, but ethics can also learn from engineering. In this paper, I discuss what engineering metaphors can teach us about practical philosophy. Using metaphors such as calculation, performance, and open source, I articulate two opposing views of morality and politics: one that relies on images related to engineering as science and one that draws on images of engineering practice. I argue that the latter view and its metaphors provide a more adequate way to understand and guide (...) the moral life. Responding to two problems of alienation and taking into account developments such as Fab Lab I then further explore the implications of this view for engineering and society. (shrink)

This article argues that Kongzi's religious ethics suggests an alternative way of understanding the relationship between the right and the good, in which neither takes clear precedence in terms of being more foundational for ethics. The religious underpinnings of Kongzi's understanding of the Way are examined, including the close relationship between tian ("Heaven") and the Way. It is shown that following the Way is defined primarily by the extent to which one's actions express certain virtues, and not whether one's actions (...) are conducive to the best overall outcome or whether they are inherently right irrespective of consequences. It is then argued that the Way is seen as constitutive of both the right and the good, and that this understanding of the right and the good has important implications for contemporary virtue ethics, religious ethics, and political philosophy. (shrink)

This paper seeks to describe and evaluate the work of the late Iris Marion Young as a critical reference point for values and ethics in the social professions. Her credentials are both experiential and theoretical, having studied analytical then postmodern and phenomenological thought, publishing a series of influential books on political and ethical concepts from a critical feminist position. Her theory and practice were closely related: she actively campaigned for feminist and related social causes for many years. The aim is (...) to provide a broad review of her work, with special reference to aspects particularly relevant to the social professions, and some discussion of implications for practice. It is not the intention to set out a systematic framework of concepts but to suggest the fruitfulness of some of her ideas, particularly those relevant to social professionals, and encourage the reader to go back to the original work. (shrink)

This article investigates the link between corporate social responsibility (CSR) practices and the reasons for which legitimacy is ascribed or denied. It fills a gap in the literature on CSR and legitimacy that lacks empirical studies regarding the question whether CSR contributes to organisational legitimacy. The problem is discussed by referring to the case of De Beers’s diamond mining partnership with the Government of Namibia. A total of 42 interviews were conducted—41 with stakeholders and one with the focal organisation Namdeb. (...) The 41 stakeholder interviews are analysed with regard to cognitive, pragmatic and moral legitimacy as defined by Suchman (Acad Manage Rev 20(3):571–610, 1995 ). The main finding is that the majority of statements on organisational legitimacy refer to moral legitimacy and most issues raised in this context challenge the company’s legitimacy despite its comprehensive CSR engagement. The study demonstrates that legitimacy gaps can be a result of communication practices that raise unrealistic stakeholder expectations and that the legitimacy gained by CSR engagement in one area cannot substitute legitimacy losses caused by failures in another. (shrink)

There is a long tradition comparing moral knowledge to mathematical knowledge. In this paper, I discuss apparent similarities and differences between knowledge in the two areas, realistically conceived. I argue that many of these are only apparent, while others are less philosophically significant than might be thought. The picture that emerges is surprising. There are definitely differences between epistemological arguments in the two areas. However, these differences, if anything, increase the plausibility of moral realism as compared to mathematical realism. It (...) is hard to see how one might argue, on epistemological grounds, for moral antirealism while maintaining commitment to mathematical realism. But it may be possible to do the opposite. (shrink)

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)

In June 2001, the American Medical Association (AMA) issued a revised and expanded version of the Principles of Medical Ethics (last published in 1980). In light of the new and more comprehensive document, the present essay is geared to consideration of a longstanding tension between physician's autonomy rights and societal obligations in the AMA Code. In particular, it will be argued that a duty to treat overrides AMA autonomy rights in social emergencies, even in cases that involve personal risk to (...) physicians (e.g., bioterrorist attack, HIV infection, SARS). The argument will be made by way of the logic and language of the AMA Code through its history, commentaries, and precedents. It also will be shown that there are substantial reasons to believe that the logic of the Code is sound in morally relevant ways. The essay will conclude with some philosophical proposals suggesting a framework for the duty to render aid and the extension of those duties to physicians facing personal risks. (shrink)