Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

The topic of cruelty features regularly in discussions concerning animals’ moral status. Further, condemnation of cruelty to animals is virtually unanimous. As Regan points out, ‘[i]t would be difficult to find anyone who is in favour of cruelty.’ What is to count as cruelty is therefore important. My aim here is to gain a clearer understanding of one aspect of our moral landscape: cruelty to animals. I will start by analyzing the concept of cruelty in section II. In section III (...) I will examine some implications of this analysis. I will present two arguments for why we should reassess whether modern farming practices are cruel. First, farming practices have changed and our understanding of the concept of cruelty needs to change with them. Second, our application of the concept of cruelty is inconsistent: we would consider many routine practices involving farm animals to be cruel if they involved pets. This inconsistency presents a dilemma: either extending farming practices to pets would not be cruel, or continuing our current farming practices is cruel. In section IV I consider some objections. (shrink)

Der Aufsatz widmet sich dem Wohlfahrtseffekt öffentlicher Ausgaben unter besonderer Berücksichtigung der Bereiche Gesundheitswesen und Bildungswesen. Ausgangspunkt ist die Feststellung des bemerkenswert geringen Ertrags hoher Aufwendungen für öffentliche Gesundheit, der insbesondere im Vergleich von Ländern mit teils deutlich variierenden Gesundheitsbudgets auffällt. Da das Gesundheitswesen aufgrund der Opportunitätskostenproblematik mit anderen Bereichen sozialpolitischer Sicherheitsgewähr um knappe öffentliche Mittel konkurriert, ist darauf zu achten, dass deren Allokation bestmöglich optimiert wird. Im deutschen Fall mit seinem ungewöhnlich hohen Anteil öffentlicher Gesundheitsausgaben legt das eine Verschiebung (...) der Prioritäten zugunsten des Bildungswesens nahe, wofür neben potentiellen Verbesserungen des Gesundheitsstatus der Bevölkerung und funktionalen, die gesellschaftliche Integration betreffenden Erwägungen auch solche der sozialen Gerechtigkeit sprechen. Ein Programm zur Reformierung des Gesundheitswesens, das diesen Leitlinien folgt, wird skizziert. (shrink)

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Like many African countries, Botswana is adversely affected by HIV and AIDS. However, from the onset of the epidemic there was an inimical expectation, both internally and externally, that the country would effectively address the problem. The paper posits that this expectation was a partial result of the halo effect emanating from Botswana's successful history on many social, economic, and political fronts. However, whilst the country's HIV and AIDS strategy is one of the success stories of the African continent insofar (...) as the state's commitment is concerned, it is afflicted by ethical impediments that continue to negatively impact the effectiveness of related policies and programmes. The paper examines the loopholes in the Botswana Government's HIV and AIDS response from the perspective of missed opportunities for addressing relevant ethical issues. These include anomalies regarding the lack of targeted sexual health and wellness programmes for prison inmates, sex workers, and sexual minorities. Strategies requiring urgent attention are concerned with provision of HIV prevention, treatment, and care for these populations. The authors contend that inclusive policies, legislation, and programmes to achieve a holistic and ethical response to the epidemic are urgently needed to harmonise the halo effect of Botswana's otherwise positive stance in relation to HIV and AIDS in Africa. (shrink)

This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions simultaneously enhancing a rapprochement (...) among cosmopolitan and communitarian discourses of international politics facilitated through an institutional design guided by the morality of natural law. (shrink)

Several factors have been put forward to explain the variability of moral judgments for superficially analogous moral dilemmas, in particular in the paradigm of trolley cases. In this paper we elaborate on Mikhail's view that (i) causal analysis is at the core of moral judgments and that (ii) causal judgments can be quantified by linguistic methods. According to this model, our moral judgments depend both on utilitarian considerations (whether positive effects outweigh negative effects) and on a representation of the causal (...) structure of the action (whether the negative effects are essentially side-effects rather than main goals). However, the exact contribution of each factor, as well as the precise way in which causal considerations interact with utilitarian considerations, has yet to be quantified and investigated. We present several variations on trolley dilemmas in which subjects had to assess the morality of the action and to evaluate their preference between two competing descriptions of the scene (.. (shrink)

The current crisis of neoliberalism is calling into question the relevance of key international institutions. We analyze the origins, nature, and possible impacts of the crisis through comparing two such institutions: the International Monetary Fund (IMF) and the World Trade Organization (WTO). Both originated in the post-World War II U.S.-led hegemonic order and were transformed as part of the transition to global neoliberalism. We show that while the IMF and the WTO have been part of the same hegemonic project, their (...) distinct institutional features have put them on significantly different trajectories. Historical differences in the two institutions’ systems of rules have placed the IMF in a more vulnerable position than the WTO, which provides clues to the future contours of global economic governance. (shrink)

The book-making argument was introduced by de Finetti as a principle to prove the existence and uniqueness of subjective probabilities. It has subsequently been accepted as a principle of rationality for decisions under uncertainty. This note shows that the book-making argument has relevant applications to welfare: it gives a new foundation for utilitarianism that is alternative to Harsanyi’s, it generalizes foundations based on the theorem of the alternative, and it avoids arguments based on expected utility.

This paper presents a procedure to select equitable stable allocations in two-sided matching markets without side payments. The Equitable set is computed using the Equitable algorithm. The algorithm limits the set of options available for each agent throughout the procedure. The stable matchings selected are generally not extreme, form a lattice and satisfy the condition of being “Ralwsian” in each partition of the market. The Equitable algorithm can also be used to select a particular matching from the Equitable Set favoring (...) particular agents independent of the side of the market to which they belong. (shrink)

Voters satisfy maximin or maximax in their choices between sets of alternatives and secure a Pareto improvement by all voting strategically under simple majority voting for particular sincere preferences. Thus the assumption that strategic voting is a bad thing is challenged and the idea that we should reject voting because of the possibility of misrepresentation dismissed.

J’arguerai ici que tout en repoussant d’une main une conception du changement social basé sur la sélection naturelle des pratiques sociales et des individus qui y participent, les théories normatives qui font appel à des modélisations des choix sociaux, qu’ils soient de nature économique, politique ou morale, en entretiennent potentiellement les conséquences. Plus précisément, j’arguerai que les modèles que l’on utilise encore le plus volontiers dans les sciences sociales, c’est-à-dire ceux de la théorie des jeux, de la théorie de la (...) décision ou de la négociation rationnelle, contribuent à répercuter, au plan normatif, les deux aspects — social et individuel — de la sélection naturelle. L’argument s’appuie sur une analyse de la théorie standard de l’utilité et montre que la conception de la rationalité maximisante définie dans ce cadre formel incorpore les exigences de la sélection à celles de la rationalité.I shall argue that though most theoreticians of social change firmly refuse normatively to endorse the natural selection of practices and individuals, they sometimes tacitly validate the consequences of such a conception of social change. More precisely, I shall argue that the formal apparatus still often used in social sciences — such as game theory, bargaining theory or decision theory — contribute to carrying on, at the normative level the social and individual aspects of natural selection. The argument rests on an analysis of what has come to be regarded the standard theory of utility and attempts to show that maximising rationality defined in that framework incorporates the requirement of the selection to those of rationality. (shrink)

An ‘ideal’ health care system would be unencumbered by economic considerations and provide an ample supply of well-paid health care professionals who would supply culturally appropriate optimal health care to the level desired by patients. An ‘ideal’ health care system presupposes an ‘ideal’ society in which resources for all social goods are unlimited. Changes within health care systems occur both because of changes within the system and because of changes or demands in and by the ‘exterior environment’. Social systems must (...) be in a homeostatic balance. If one component fails to accommodate itself to other forces, needs and interests within the system, the system is imperiled. It is difficult to create a just health care system in an unjust society, just as it is difficult to practise truly ethical medicine in an ethically corrupt system. (shrink)

I propose a modal logic that enables to reason about self-regarding and otherregarding motivations in strategic games. This logic integrates the concepts of joint action, belief, individual and group payoff. The first part of the article is focused on self-regarding agents. A self-regarding agent decides to perform a certain action only if he believes that this action maximizes his own personal benefit. The second part of the article explores different kinds of other-regarding motivations such as fairness and reciprocity. Differently from (...) self-regarding agents, other-regarding agents also consider the benefits of their choices for the group. Moreover, their decisions can be affected by their beliefs about other agents' willingness to act for the well-being of the group. The analysis also considers team-directed reasoning, i.e. the mode of reasoning that people use when they take themselves to be acting as members of a group or a team. (shrink)

The British National Health Service (BNHS) was founded, to quote Minister of Health Aneurin Bevan, to ‘universalise the best’. Over time, however, financial constraints forced the BNHS to turn to incrementalist budgeting, to rationalise care and to ask its practitioners to act as gatekeepers. Seeking a way to ration scarce tertiary care resources, BNHS gatekeepers began to use chronological age as a rationing criterion. Age-rationing became the ‘done thing’ without explicit policy directives and in a manner largely invisible to patients, (...) to Parliament, and to the public. The invisibility of the practice, however, violates the publicity principle that John Rawls and other philosophers believe essential to fairness. BNHS invisible age-rationing practices are thus a test case of the principle that fairness presupposes publicity; they raise the question: is it possible to preserve equitability in a system that uses non-public criteria to allocate scarce resources? To seek an answer, published data on access to end-stage renal disease (ESRD) treatment in Britain and the European Community (EC) are analysed. Among the findings are: that BNHS age-rationing acts as an excuse for denying care to those most likely to need ESRD treatment; and is, moreover, arbitrary and inequitable. It is further argued that no age-rationing policy can sustain visibility, and that, if the BNHS is to be fair to its patients, it must reform its present age-rationing practices, replacing them by a publicly visible, outcome-based rationing policy that rations either in terms of QALYs or triage categories. (shrink)

Demographischer Wandel und medizinischer Fortschritt haben zur Folge, dass immer mehr Patienten außerstande sind, selbstbestimmt über eine medizinische Behandlung zu entscheiden. Dann sind andere gefordert, unter Berücksichtigung von Wohl und Willen des Patienten stellvertretend zu entscheiden. Dabei bieten sich drei Entscheidungskriterien an: Paternalismus, substitutive Autonomie (mutmaßlicher Wille) und prospektive Autonomie (vorausverfügter Wille). Keines dieser Kriterien garantiert für sich genommen eine optimale Entscheidung. Realistisch ist nur ein integratives Modell, das diese Kriterien pragmatisch verbindet. Je klarer im Einzelfall die Evidenz für den (...) autonomen Patientenwillen ist, desto mehr Gewicht sollte ihm eingeräumt werden. Dabei lassen sich konkrete Schritte benennen, wie die Evidenz für eine autonome Willensbekundung beurteilt werden kann. Obgleich stellvertretende Entscheidungen in der medizinischen Praxis oft von Ärzten, professionellen Betreuern und Richtern getroffen werden, gibt es überzeugende Gründe für die These, dass der nächste Angehörige am besten geeignet ist, prima facie als stellvertretender Entscheidungsträger zu fungieren. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Reflective equilibrium is often credited with extending the idea of accounting for the data from its familiar home in the sciences to the realm of moral philosophy. But careful consideration of the main concepts of this idea—the data to be accounted for and the kind of accounting it is appropriate to expect of a moral theory—leads to a revised understanding of the “accounting for the data” perspective as it applies to the discipline of moral theory selection. This revised understanding is (...) in tension with reflective equilibrium and actually provides more support for the alternative method of moral theory selection that has been termed ‘practical equilibrium’. (shrink)

Moral development, achievement goal, and athletic identity are considered psychological constructs sharing specific cognitive, social, motivational, and behavioral traits. The purpose of the present article is to investigate the relation among moral orientations, athletic identity, and social goal orientations. In addition, the impact of age, gender, type of sport, sport division, and school performance on moral orientation has also been investigated. One hundred forty athletes of artistic gymnastics, rhythmic gymnastics, and acrobatic gymnastics (n?=?29 boys, n?=?111 girls), aged 8 to 17, (...) participated in the research. They belonged to IV, III, II, and I sport divisions. The participants filled in three questionnaires: Moral Orientation Students in Physical Education Questionnaire, Athletic Identity Measurement Scale, and Social Goal Orientation Questionnaire. The results established that moral orientation is related to the athletic identity and achievement social goal constructs, as well as the fact that they affect school performance. (shrink)

This article examines the significance of Jacques Rancière’s work on pedagogy, and argues that to make sense of Rancière’s ‘lesson on the lesson’ one must do more but also less than merely explicate Rancière’s texts. It steadfastly refuses to draw out the lessons of Rancière’s writings in the manner of a series of morals, precepts or rules. Rather, it is committed to thinking through the ‘lessons’ of Rancière in another sense. Above all, Rancière wants to ‘teach’ his readers something absolutely (...) crucial about teaching. In making this claim the article emphasizes the extent to which Rancière advocates an utterly radical pedagogy, one that completely reconceives all the central elements of ‘schooling’, including teacher, student, intelligence and knowledge. Rancière thinks it possible to teach without knowing; he believes that the best schoolmasters can operate not on the assumption of their expertise, but on the equality of intelligence; and this means ultimately that Rancière contends that we can ‘teach what we do not know’. The best schoolmasters are ignorant schoolmasters. Rancière’s radical pedagogy depends upon, just as it consistently advances, a thoroughgoing resistance to a certain form of epistemological and ontological mastery. The rejection of mastery—of schoolmasters who would know it all, and convey this knowing to their students—forms the very backbone of all of Rancière’s writings and critical investigations. This is the chief reason why Rancière is, in a way, always talking about pedagogy, even when his subject matter appears to be something else entirely. (shrink)

Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable concepts secure (...) their evaluativeness. I'll argue that these (widely held) central features are exemplified by many evaluative and non-evaluative terms alike, owing to more general factors (such as multidimensionality) which have nothing in particular to do with being evaluative. The role of these factors in semantic interpretation is subject to a certain kind of "metasemantic" disputes which have the features of the disputes characteristically admitted by essentially contestable concepts (whether evaluative or not) and which can be similarly substantive and worthwhile. In closing I'll discuss how my argument shows that our understanding of evaluative disagreement needs refinement. The overall upshot is that essential contestability shows nothing deep or distinctive about the evaluative in particular. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...) the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

This essay discusses how international political theory can become more receptive towards Islamism. The central claim is that Islamism can be interpreted as a form of communitarianism. To underpin this claim, the study relies on an analysis of how the concepts of community and person are conceived in communitarianism and Islamism. On the basis of the affinities of these conceptions between Islamism and communitarianism the essay shows that Islamism can be interpreted as a form of communitarianism. The study then concludes (...) that understanding Islamism as communitarianism produces a common space for public reasoning which would deserve more consideration from political theorists. Secondly Islamism as communitarianism reassesses the possibility of a political theory engagement with Islamist theory that can benefit the recognition of human rights norms in circumstances in which Islamism is particularly influential. (shrink)

This article takes a critical look at three conceptions of Islamic education. I argue that conceptions of Islamic education ought to be considered as existing on a minimalist–maximalist continuum, meaning that the concepts associated with Islamic education do not have a single meaning, but that meanings are shaped depending on the minimalist and maximalist conditions which constitute them, that is, tarbiyyah (nurturing), ta`lim (learning) and ta`dib (goodness). I then explore some liberal conceptions of cosmopolitanism, showing how these notions connect with (...) meanings of Islamic education. Finally, I show how maximalist views of Islamic education connect with cosmopolitanism, while minimalist views of Islamic education seem to undermine the pursuit of cosmopolitanism. (shrink)

This paper examines philosophically the nature and possible moral justification of racial profiling in terms of color profiling. Precisely what is such profiling, and can it ever be morally justified? If so, under what conditions is it morally justified?

This paper challenges a pervasive, if not always explicit assumption of the present state of theorising in business ethics. This is the idea that a workable theory of organizational ethics must provide a unified perspective on its subject matter. In this paper we will sketch the broad outlines of an alternative understanding of business ethics, which focuses on constraints on corporate conduct that cannot reasonably be rejected. These constraints stem from at least three different levels or spheres of social reality, (...) i.e. the preconditions of a well-ordered society, the internal morality of economic activity and the preconditions of autonomous agency. (shrink)

Climate change is an ethical issue, because it involves the distribution of a scarce resource – the capacity of the atmosphere to absorb our waste gases without producing consequences that no one wants. Various principles might be used to decide what distribution is just. This commentary argues that on any plausible principle, the industrialised nations should be doing much more than they are doing now, and much more than they are required to do by the Kyoto protocol, to reduce their (...) greenhouse gas emissions. The commentary also responds specifically to some issues raised by MacCracken, Toman and Gardiner, including feasibility, the discount rate, and grounds for pessimism. (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political theories (...) that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

The evidential value of moral intuitions has been challenged by psychological work showing that the intuitions of ordinary people are affected by distorting factors. One reply to this challenge, the expertise defence, claims that training in philosophical thinking confers enhanced reliability on the intuitions of professional philosophers. This defence is often expressed through analogy: since we do not allow doubts about folk judgments in domains like mathematics or physics to undermine the plausibility of judgments by experts in these domains, we (...) also should not do so in philosophy. In this paper I clarify the logic of the analogy strategy, and defend it against recent challenges by Jesper Ryberg. The discussion exposes an interesting divide: while Ryberg’s challenges may weaken analogies between morality and domains like mathematics, they do not affect analogies to other domains, such as physics. I conclude that the expertise defence can be supported by analogical means, though care is required in selecting an appropriate analog. I discuss implications of this conclusion for the expertise defence debate and for study of the moral domain itself. (shrink)

Ethicists haven’t paid much attention recently to the Chinese complementarity of yin and yang. That complementarity can be updated to take into account and also form the basis for some of our contemporary ethical thinking. In my From Enlightenment to Receptivity, I argue that Western thought has overemphasized rational control/autonomy at the expense of the countervailing virtue of receptivity, and it turns out that the yin/yang complementarity can be profitably viewed as anticipating and clarifying a complementarity between receptivity and rational (...) control that recent developments in Western philosophical thought point us toward. But just as Western philosophy has overemphasized rational autonomy, Chinese thinking hasn’t sufficiently appreciated its importance. Both Chinese and Western thought need to seek a more even balance between autonomy/control and receptivity, but the idea of such balance comes more from yin and yang than from anything in previous Western philosophy. (shrink)

In a recent article in this journal, Joshua W. Seachris (2012) argues that the distinction I make between perspectives and standards in sub specie aeternitatis arguments for the meaninglessness of life does not hold for a salient component of the sub specie aeternitatis perspective: the ontological-normative component. In this article I suggest that Seachris’s argument is problematic in a number of ways and ought to be rejected.

This paper investigates the influence that social ties can have on behavior. After defining the concept of social ties that we consider, we introduce an original model of social ties. The impact of such ties on social preferences is studied in a coordination game with outside option. We provide a detailed game theoretical analysis of this game while considering various types of players, i.e., self-interest maximizing, inequity averse, and fair agents. In addition to these approaches that require strategic reasoning in (...) order to reach some equilibrium, we also present an alternative hypothesis that relies on the concept of team reasoning. After having discussed the differences between the latter and our model of social ties, we show how an experiment can be designed so as to discriminate among the models presented in the paper. (shrink)

Proponents of large-scale land acquisitions (LaSLA) argue that poor countries could benefit from foreign direct investment in land (World Bank 2011), while opponents argue that LaSLA is nothing more than neo-colonial theft of poor peasants’ livelihoods, i.e., land grabbing (Borras and Franco in Yale Hum Rights Dev L J, 13: 507–523, 2010a). To ensure responsible agricultural investments (RAI), a voluntary “code of conduct” for land acquisitions has been proposed by the World Bank (2011) and the FAO (2012). A critical reaction (...) to the “code of conduct” approach is the proposal for a set of minimum human rights principles, suggested by the UN Special Rapporteur on the Right to Food, De Schutter (2009). Even more critical of the “code of conduct” approach are Borras and Franco in Yale Hum Rights Dev L J, 13(2): 507–523, 2010a, who propose empowering small-scale farmers by giving them land sovereignty so that they are assured control over their land. This paper is a review of the governance and ethics issues connected to LaSLA. It has four main objectives: First, it offers a critical presentation of three major governance approaches to LaSLA: the “liberal code of conduct” (FAO and the World Bank), the ‘critical liberal human rights’ approach (De Schutter) and the ‘Marxist’ approach (Borras and Franco). Second, it discusses the notion of a human right to land, with reference to John Locke’s theory of appropriating land. Third, it discusses the issue of ensuring an inclusive process in LaSLA. Finally, an argument is made for instituting a (global) obligation to refrain from participating in or benefitting from institutional schemes that facilitate negative land grabbing (Pogge in Politics as usual: what lies behind the pro-poor rhetoric? Polity Press, Cambridge 2010). (shrink)

This article contributes to the debate on governance of emerging technologies, focusing in particular on the international level and taking into account the fact that these technologies are developed through a common effort of different stakeholders including governments, research communities, industry and civil society actors. These issues are explored from the perspective of communitarian ethical criticism of liberal social contract thinking, in order to enhance visibility of the influence collective non-state actors exercise on the development of these technologies. In particular, (...) the effect of different values in the discussion on emerging technologies on the perceived governance options is explored. A paradigm shift from defensive values such as security, risk and human rights to more optimistic values like peace, justice and integrity of creation is proposed and discussed. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

What do we understand by God’s goodness? William Alston claims that by answering this question convincingly, divine command theory can be strengthened against some major objections. He rejects the idea that God’s goodness lies in the area of moral obligations. Instead, he proposes that God’s goodness is best described by the phenomenon of supererogation. Joseph Lombardi, in response, agrees with Alston that God does not have moral obligations but says that having rejected moral obligation as the content of divine goodness, (...) Alston cannot help himself to supererogation as a solution to the content of God’s moral goodness. If God has no moral obligations and does not perform supererogatory acts, Lombardi suggests that God’s goodness may be explicated through concentrating on God’s benevolence, but he does not develop this theme. I propose that Alston’s idea of divine supererogation without obligation is sustainable, but that a reshaping of the concept of supererogation is required; one in which love, rather than benevolence, plays an important part. If the love associated with supererogation is characterised in a certain way, I suggest this adds a new angle to the understanding of divine goodness. (shrink)

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

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)

Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide (...) variety of cultural and personal conceptions of the good. Next I develop the aims for civic education in a society that employs such a politics. Then I suggest the elements of the public school curriculum appropriate for such a civic education, including a robust multicultural education, intellectual reflection on the society’s history, and philosophical training that enables children to understand the events and policies of their nation as following from general political principles. I also consider the kinds of classroom practice that seem necessary to provide the motivation to engage in the process of the emergence of an overlapping consensus, including opportunities to develop and to reflect on the principles that may be included in the current consensus and to understand the way in which those principles relate to children’s developing conceptions of the good. Finally, I compare this conception of civic education to those of other liberal theorists. (shrink)

Journal of Economic Methodology, Volume 19, Issue 2, Page 165-167, June 2012.

Journal of Economic Methodology, Volume 19, Issue 2, Page 101-108, June 2012.

The financial crash of 2008 following the selling of fictitious derivatives was a crisis of both rationality and values whose aftermath has thrown the legitimation of deregulated markets, and governments, into question. This paper critiques the Becker metaphor of human capital and submits that human value is central to and the fulcrum of both economic and social values. It illustrates that Hume and Adam Smith directly countered the Hobbesian hypothesis that human nature is based only on self-interest, distinguishes market values (...) from social values, explicit from implicit values and parallels Sen in adopting an ordinal ranking of what people value rather than a search for cardinality. It draws on cognitive psychology, neural research, revealed preference theory and a principle of implicit verification. It also outlines implications for what Adam Smith centrally valued as concern for the welfare of the whole of society. (shrink)

This paper defends two main claims. First: although it is easy to lose sight of this, what cost-benefit analysis really demands, in order to approve of a prospective policy, is that it be possible for those who would gain through the policy change to compensate those who would lose through it. And second: in cases where a policy change does, or can reasonably be expected to, lead to someone's death, the demand of compensability is much harder to satisfy than economists (...) typically think. More specifically, their standard move—maintaining that compensability should be judged ex ante, and that it is thus really just risk of death, not death itself, that must be (and often is) compensable—is unsuccessful. Then, the implications of these claims are briefly explored. (shrink)

John Harsanyi and John Rawls both used the veil of ignorance thought experiment to study the problem of choosing between alternative social arrangements. With his ‘impartial observer theorem’, Harsanyi tried to show that the veil of ignorance argument leads inevitably to utilitarianism, an argument criticized by Sen, Weymark and others. A quite different use of the veil-of-ignorance concept is found in evolutionary biology. In the cell-division process called meiosis, in which sexually reproducing organisms produce gametes, the chromosome number is halved; (...) when meiosis is fair, each gene has only a fifty percent chance of making it into any gamete. This creates a Mendelian veil of ignorance, which has the effect of aligning the interests of all the genes in an organism. This paper shows how Harsanyi's version of the veil-of-ignorance argument can shed light on Mendelian genetics. There turns out to be an intriguing biological analogue of the impartial observer theorem that is immune from the Sen/Weymark objections to Harsanyi's original. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)