This paper discusses the problematic relation between liberalism and freedom of education, i.e. the right of parents to found schools in which they can educate their children in accordance with their particular conception of the good life. First, the educational and philosophical backgrounds of the conflict between liberalism and freedom of education are explicated. Secondly, it is suggested that freedom of education can be considered a liberal value. The right to freedom of education is interpreted as a group right, and (...) it is argued that it is both possible and desirable to defend, on certain conditions, group rights within liberalism. Finally, some consequences of this position for a liberal theory are spelled out. (shrink)

Chinese liberals have been searching for a just society, one regulated by democratic institutions and rules—a society where the human potential for evil is properly controlled. It is in this context that Chinese liberal intellectuals such as Yan Jiaqi, Hu Ping, and Liao Xun, drawing on their respective experiences of the tragedies in China, have taken the idea that there is always a potential for evil in human nature as a starting-point for a just society and for designing democratic institutions.

How can one examine the sources of people's beliefs, tastes, and preferences without falling into the self‐refuting determinism that has so often characterized the most systematic theory of preferences, Marxism? Cultural Theory's attempt to do so posits five anthropologically derived, competing “ways of life"— individualism, egalitarianism, hierarchism, fatalism, and withdrawal from social life—that are intended to apply to all forms of culture and, therefore, to provide a universal framework for explaining people's preferential biases. Richard Ellis's defense of Cultural Theory, however, (...) does not adequately address the concerns expressed in my critique of it. Ellis fails to instance a single case of a premodern culture containing the five ways of life; he does not show that exclusivist premodern versions of “individualism” and “egalitarianism” are more than superficially comparable to the inclusive modern variants of these alleged universals; and he adds new evidence to support my claim that in modern societies, people's preferences are largely unlinked to the particular social relations identified by Cultural Theory. While Ellis overtly denies that Cultural Theory is deterministic, his search for links between preferences and social relations shows that this denial cannot be sustained.Cultural Theory's reductionism stems from its neglect of historically contingent cultural traditions that thwart a priori attempts to predict culture. This ahistori‐cism transforms a myopic view of American politics as a battle of egalitarianism against individualism into a timeless truth, providing ideological self‐affirmation for “individualists” but diminishing the prospects for being able to explain or criticize individualism—or any other political preference. (shrink)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

In this paper, I attempt to synthesize the two most influential contemporary ethical approaches that appeal to moral intuitions, viz., Rawlsian reflective equilibrium and Audi’s moderate intuitionism. This paper has two parts. First, building upon the work of Audi and Gaut, I provide a more detailed and nuanced account of how these two approaches are compatible. Second, I show how this novel synthesis can both (1) fully address the main objections to reflective equilibrium, viz., that it provides neither necessary nor (...) sufficient conditions for the justification of our moral beliefs and (2) help ethical intuitionism to deal with the fundamental problem of peer disagreement over our basic moral intuitions. In doing so, I sketch out a novel and attractive diachronic way of thinking about peer disagreement more generally. (shrink)

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

On Chang's voluntarist account of commitments, when we commit to φ, we employ the 'normative powers' of our will to give ourselves a reason to φ that we would otherwise not have had. I argue that Chang's account, by itself, does not have sufficient conceptual resources to reconcile the normative significance of commitments with their alleged fundamentally volitional character. I suggest an alternative, second-personal account of commitment, which avoids this problem. On this account, the volitional act involved in committing is (...) one of holding ourselves accountable, thus putting us under to a pro tanto obligation to ourselves. The second-personal account implies that there is an interesting link between commitment and morality. (shrink)

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists ask how normative principles (...) should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

H.-J. Glock has made important contributions to discussions of rationality, reasons, and rules. This chapter addresses four conceptions of rationality that Glock identifies. One of these conceptions of rationality is that rationality consists in responsiveness to reasons. This chapter goes on to consider the idea that reasons became prominent in normative ethics because of their usefulness in articulating moral pluralism. The final section of the chapter connects reasons and rules and contends that both are ineliminable.

Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, (...) and is therefore unsuitable to deal with legal reasoning. A logic that is more suitable should take into account that law is a part of social reality, in particular a part that consists of constructivist facts, and that rules play a central role in law. This article gives a superficial description of how social reality exists and of the place of law and legal rules in it. It uses this description to argue that traditional techniques to reason with and about legal rules provide a better logic for law than classical logic. These techniques can be accommodated in a logic that treats rules as logical individuals. (shrink)

In spite of the shortage in Rawls’s work of references to Smith’s later and even more famous book, the ideas and arguments of An Inquiry into the Nature and Causes of the Wealth of Nations are central to Rawls’s theory of justice. This article intends to show that without the ideas Smith proposed in The Wealth of Nations, Rawls would not have been able to write A Theory of Justice. Smith’s ideas in The Wealth of Nations supply Rawls with the (...) central question he attempts to answer in his theory of justice. They also supply him with a key component of his answer to that question, a component without which Rawls’s answer to the question would have looked sharply different. Smith’s contributions to the set of ideas on which Rawls drew to formulate his theory of justice are as important to that theory as Kant’s contributions and are more important to Rawls’s theory than the contributions of any thinker other than Kant (with the possible exception of Sidgwick). (shrink)

No Leviathan o poder (power) pode ser entendido em dois sentidos diferentes, cuidadosamente diferenciados em sua versão latina pelo emprego dos termos potentia e potestas para traduzir, a depender do contexto e do tipo de poder em questão, o inglês power. Potentia e potestas, embora sejam tipos de poder de natureza distinta - um, o poder físico que os corpos têm de produzir efeitos uns nos outros; outro, o poder jurídico, do qual resultam efeitos jurídicos como a própria justiça -, (...) estão mutuamente implicados na trama das representações jurídicas. Esse artigo pretende explorar as consequências que se seguem deste conceito ambivalente do poder para se pensar a justiça e o direito natural. (shrink)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents an (...) assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

In this paper I begin by suggesting that Immanuel Kant’s argument for the impermissibility of treating others with contempt seems to be subject to a paradox very similar to the well known paradox of forgiveness first described by Aurel Kolnai. Specifically, either the object of the judgment of contempt is not really contemptible, in which case the prohibition on treating him with contempt is superfluous, or else the person truly is contemptible, in which case the prohibition seems unjustifiable, reducing to (...) a mere condonation of wrongdoing. My goal in the paper is to show that this paradox is only apparent. Making use of the philosophy of phrases that Jean-François Lyotard develops in The Differend—emphasizing especially the ideas of phrase-event, presentation, situation, addressor, and addressee—I argue that the Kantian prohibition on treating others with contempt is rationally defensible, even in cases in which we believe the object of the judgment of contempt truly is contemptible. (shrink)

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

Morality exercises a deep and questionable influence on the way we live our lives. The influence is deep both because moral injunctions are embedded in our psyches long before we can reflect on their status and because even after we become reflective agents, the question of how we should live our lives among others is intimately bound up with the more general question of how we should live our lives: our stance toward morality and our conception of our lives as (...) having significance are of a piece. The influence is questionable because morality pretends to a level of objectivity that it may not possess. Moral injunctions are meant to be binding on us in some way that is independent of the desires or preferences we may happen to have. When one asserts that a certain action is morally worthy or shameful one is, prime facie, doing more than merely expressing approval or disapproval or trying to get others to act as instruments of one's own will. If moral assertions were shown, at bottom, to be merely such exhortations, then they would be shown to wear a disguise. Morality would be revealed as pretending to an objectivity it does not have, and such a revelation could not but have a profound impact on our lives. It is doubtful that such a revelation could be kept locked up inside our studies. (shrink)

Morality exercises a deep and questionable influence on the way we live our lives. The influence is deep both because moral injunctions are embedded in our psyches long before we can reflect on their status and because even after we become reflective agents, the question of how we should live our lives among others is intimately bound up with the more general question of how we should live our lives: our stance toward morality and our conception of our lives as (...) having significance are of a piece. The influence is questionable because morality pretends to a level of objectivity that it may not possess. Moral injunctions are meant to be binding on us in some way that is independent of the desires or preferences we may happen to have. When one asserts that a certain action is morally worthy or shameful one is, prime facie, doing more than merely expressing approval or disapproval or trying to get others to act as instruments of one's own will. If moral assertions were shown, at bottom, to be merely such exhortations, then they would be shown to wear a disguise. Morality would be revealed as pretending to an objectivity it does not have, and such a revelation could not but have a profound impact on our lives. It is doubtful that such a revelation could be kept locked up inside our studies. (shrink)

Tae Wan Kim, John Hooker, and Thomas Donaldson make an attempt, in recent articles, to solve the alignment problem. As they define the alignment problem, it is the issue of how to give AI systems moral intelligence. They contend that one might program machines with a version of Kantian ethics cast in deontic modal logic. On their view, machines can be aligned with human values if such machines obey principles of universalization and autonomy, as well as a deontic utilitarian principle. (...) Programming machines to do so might be useful, in their view, for applications such as future autonomous vehicles. Their proposal draws both on traditional logic-based and contemporary connectionist approaches, to fuse factual information with normative principles. I will argue that this approach makes demands of machines that go beyond what is currently feasible, and may extend past the limits of the possible for AI. I also argue that a deontological ethics for machines should place greater stress on the formula of humanity of the Kantian categorical imperative. On this principle, one ought never treat a person as a mere means. Recognition of what makes a person a person requires ethical insight. Similar insight is needed to tell treatment as a means from treatment as a mere means. The resources in Kim, Hooker, and Donaldson’s approach is insufficient for this reason. Hesitation regarding deployment of autonomous machines is warranted in light of these alignment concerns. (shrink)

Local opposition to infrastructure projects implementing renewable energy (RE) such as wind farms is often strong even if state-wide support for RE is strikingly high. The slogan “Not In My BackYard” (NIMBY) has become synonymous for this kind of protest. This paper revisits the question of what is wrong with NIMBYs about RE projects and how to best address them. I will argue that local opponents to wind farm (and other RE) developments do not necessarily fail to contribute their fair (...) share to producing a desirable public good (clean energy). In fact, with landscape concerns being at the heart of much protest, the question of fair burden distribution becomes sidelined: landscape impacts cannot be distributed nor compensated for. Protests may be attempts to express a true conflict of (incommensurable) values. Understanding them as such will help us better address NIMBY concerns and overcome such opposition through ensuring procedural justice. (shrink)

Environmental ethicists have been arguing for decades that swift action to protect our natural environment is morally paramount, and that our concern for the environment should go beyond its importance for human welfare. It might be thought that the widespread acceptance of moral anti-realism would undermine the aims of environmental ethicists. One reason is that recent empirical studies purport to show that moral realists are more likely to act on the basis of their ethical convictions than anti-realists. In addition, it (...) is sometimes argued that only moral realists can countenance the claim that nature is intrinsically valuable. Against this, we argue that the acceptance of moral anti-realism is no threat to the environmentalist cause. We argue, further, that the acceptance of moral realism is potentially an obstacle to delivering on a third core environmental ethicist demand: namely, that successful action on climate change and environmental destruction requires us to change some of our commonly-held ethical views and to achieve a workable consensus. (shrink)

While it is uncontroversial that Kantian constructivism has implications for normative ethics, its status as a metaethical view has been contested. In this article, I provide a characterisation of metaethical Kantian constructivism that withstands these criticisms. I start by offering a partial defence of Sharon Street’s practical standpoint characterisation. However, I argue that this characterisation, as presented by Street, is ultimately incomplete because it fails to demonstrate that the claims of Kantian constructivism constitute a distinctive contribution to metaethics. I then (...) try to complete the practical standpoint characterisation by elaborating on Christine Korsgaard’s suggestion that metaethical Kantian constructivism takes up a position on the source of morality’s normativity. (shrink)

The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

Ever since the introduction of reflective equilibrium in ethics, it has been argued that reflective equilibrium either leads to moral relativism, or that it turns out to be a form of intuitionism in disguise. Despite these criticisms, reflective equilibrium remains the most dominant method of moral justification in ethics. In this paper, I therefore critically examine the most recent attempts to defend the method of reflective equilibrium against these objections. Defenders of reflective equilibrium typically respond to the objections by saying (...) that either reflective equilibrium can in fact safeguard moral objectivity or alternatively, even if it cannot, that there simply are no reasonable alternatives. In this paper, I take issue with both responses. First, I argue that given the non-foundationalist aspirations of reflective equilibrium, moral objectivity cannot be maintained. Second, I argue that reflective equilibrium is not the only game in town once intuitionism has been discarded. I argue that given their own normative ambitions, combined with their rejection of intuitionism, proponents of reflective equilibrium have reason to take alternative methods of moral justification, and more specifically transcendental arguments, more seriously than they have done so far. I end by sketching the outlines of what this alternative methodology might look like. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

In his review of Bernard Williams' Ethics and the Limits of Philosophy, Hart eloquently formulated an apprehension that still haunts much of contemporary jurisprudence: if the moral 'I must' has to be 'seen as coming not from outside, but from what is most deeply inside us? the fear is that this will not be enough'. I argue that this fear is the byproduct of the dualist outlook within which Hart—and a significant part of contemporary legal theory—is confined: because of his (...) bald naturalist premise, Hart could not conceive of moral objectivity except in terms presupposing an order of Reason resolutely distinct from the 'natural' world. This paper seeks to debunk this dualist outlook by engaging with the kind of 'non-bald' naturalism advocated in different ways by both McDowell and Blackburn. In considering contemporary efforts to draw a middle way between ethical scepticism and metaphysical rationalism, the paper draws on the pragmatic elements emerging from the confrontation between Habermas and Rawls. (shrink)

It is a commonplace that ‘autonomy’ has several different senses in contemporary moral and political discussion. The term’s original meaning was political: a right assumed by states to administer their own affairs. It was not until the nineteenth century that ‘autonomy’ came (in English) to refer also to the conduct of individuals, and even then there were, as now, different meanings.1 Odd as it may seem from our perspective, one that was in play from the beginning was Kant’s notion of (...) “autonomy of the will,”2 as Kant defined it, “the property of the will by which it is a law to itself independently of any property of the objects of volition” (4:440).3That’s a mouthful, to say the least. And interpreting.. (shrink)

European Journal of Philosophy, Volume 29, Issue 3, Page 562-574, September 2021.

How can an agent's desire or will give him reasons for acting? Not long ago, this might have seemed a silly question, since it was widely believed that all reasons for acting are based in the agent's desires. The interesting question, it seemed, was not how what an agent wants could give him reasons, but how anything else could. In recent years, however, this earlier orthodoxy has increasingly appeared wrongheaded as a growing number of philosophers have come to stress the (...) action-guiding role of reasons in deliberation from the agent's point of view. What a deliberating agent has in view is rarely his own will or desires as such, even if taking something as a reason is intimately tied to desire. Someone who wants to escape a burning building does not evaluate her options by considering which is likeliest to realize what she wants or wills. She is focused, rather, on her desire's object: getting out alive. The fact that a successful route would realize something she wants is apt to strike her as beside the point or, at best, as a trivial bonus. (shrink)

Is the fact that an action would be wrong itself a reason not to perform it? Warranted attitude accounts of value suggest about value, that being valuable is not itself a reason but to the reasons for valuing something in which its value consists. Would a warranted attitude account of moral obligation and wrongness, not entail, therefore, that being morally obligatory or wrong gives no reason for action itself? I argue that this is not true. Although warranted attitude theories of (...) normative concepts entail buck-passing with respect to reasons for the specific attitudes that are inherently involved in the concept, the concepts of moral obligation and wrong are normative not in the first instance for action, but for a distinctive set of attitudes (Strawsonian ) through which we hold ourselves and one another answerable for our actions. On this analysis, moral obligations are demands we legitimately make as representative persons, and the fact that an act would violate such a demand, and so disrespect the authority these demands presuppose, is indeed a reason not to perform the wrongful act that is additional to whatever features make the act wrong. (shrink)

Derek Parfit's Reasons and Persons (1984) mounted a striking defense of Act Consequentialism against a Rawls-inspired Kantian orthodoxy in moral philosophy. On What Matters (2011) is notable for its serious engagement with Kant's ethics and for its arguments in support of the “Triple Theory,” which allies Rule Consequentialism with Kantian and Scanlonian Contractualism against Act Consequentialism as a theory of moral right. This critical notice argues that what underlies this change is a view of the deontic concept of moral rightness (...) that ties it closely to blameworthiness and accountability in a way that effectively concedes a Rawlsian publicity condition. It is also argued that Parfit's arguments that Kantian and Scanlonian Contractualism entail Rule Consequentialism can be resisted. Two elements of Parfit's metaethics are critically discussed. First, concerning Parfit's arguments against subjectivist theories of practical reason, it is argued that a form of subjectivist theory exists that is not only consistent with Parfit's claim that all reasons for acting are object rather than state given, but that can support that claim. Second, it is argued that Parfit's arguments against identifying normative with natural statements and facts do not transfer seamlessly to identifying normative with natural properties. (shrink)

Joseph Raz's 'normal justification thesis' is that the normal way of justifying someone's claim to authority over another person is that the latter would comply better with the reasons that apply to him anyway were he to treat the former's directives as authoritative. Darwall argues that this provides 'reasons of the wrong kind' for authority. He turns then to Raz's claim that the fact that treating someone as an authority would enable one to comply better with reasons that apply to (...) him anyway can ground the claim that the putative authority's directives provide 'pre-emptive' and 'exclusionary reasons' for acting. Raz is right that authoritative directives create such reasons, but that is because genuine authority entails accountability for compliance. Practical authority is internal to the concepts of authority and legitimate demand, and the pre-emptive and exclusionary character of reasons created by legitimate demands cannot be understood independently of their second-personal character. (shrink)

John Kleinig, Paternalism Totowa, NJ: Rowman & Allanheld, 1984, xiii + 242 pp.

There are at least two basic normative notions: rationality and reasons. The dominant normative account of reasons nowadays, which I call primitive pluralism about reasons, holds that some reasons are normatively basic and there is no underlying normative explanation of them in terms of other normative notions. Kantian constructivism about reasons, understood as a normative rather than a metaethical view, holds that rationality is the primitive normative notion that picks out which non-normative facts are reasons for what and explains why (...) those normative relations hold. By supposing that there is a plurality of primitive reasons, I argue that primitive pluralism about reasons lacks sufficient normative unity and structure. But Kantian constructivism about reasons faces a dilemma of its own: Either a conception of rationality is thick enough to capture the reasons of commonsense, in which case it cannot play the explanatory role assigned to it, or a conception of rationality is genuinely explanatory, in which case it is too thin to generate the reasons we recognize in commonsense. The aim of this paper is to suggest that if Kantian constructivism about reasons were built on a substantive, rather than merely formal, conception of rationality then it would stand a better chance at unifying the particular reasons we would endorse on due reflection. The groundwork I lay in this paper, I explain, is an essential first step in the larger project of developing a version of Kantian constructivism about reasons that might eventually explain all reasons in terms of rationality. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

Article 25 of the Universal Declaration of Human Rights reads as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” I shall refer to the right postulated here as “the right to an adequate standard of living” or “The Right.”.

La naturaleza interdisciplinar del "enfoque de las capacidades" ha hecho que su estudio se encuentre diseminado en un amplio espectro de revistas. Así el CA se ha asentado en las áreas de la filosofía política o la economía del desarrollo, y ha ampliado su alcance al ser utilizado como marco teórico para la creación de indicadores sobre la privación, la calidad de vida o la salud, o bien para abordar las cuestiones de la educación superior o el impacto de la (...) tecnología en la vida de las personas. Se ofrece una visión general sobre los principales conceptos empleados en ese enfoque, buscando distinguir las propuestas de A. Sen y M. Nussbaum, con el fin de analizar la idea de sostenibilidad y su incorporación en la agenda del enfoque. The interdisciplinary nature of the "Capability Approach" has resulted in its dissemination in a broad range of journals. As a result, the CA has spread to political philosophy and economic development and its scope has been expanded to be used as a theoretical framework in the creation of indicators on deprivation, quality of life or health. It has also been used to approach issues of higher education and the impact of technology on people's lives. The article offers an overview of the main concepts used in this approach, seeking to differentiate A. Sen and M. Nussbaum's proposals, in order to analyze sustainability and its inclusion in the approach agenda. (shrink)

This paper rereads David Hume's Dialogues Concerning Natural Religion as dramatising a distinctive, naturalistic account of toleration. I have two purposes in mind: first, to complete and ground Hume's fragmentary explicit discussion of toleration; second, to unearth a potentially attractive alternative to more recent, Rawlsian approaches to toleration. To make my case, I connect Dialogues and the problem of toleration to the wider themes of naturalism, scepticism and their relation in Hume's thought, before developing a new interpretation of Dialogues part (...) 12 as political drama. Finally, I develop the Humean theory of toleration I have discovered by comparison between Rawls's and Hume's strategies for justification of a tolerant political regime. (shrink)

In the contemporary metaethical debate, expressivist (Blackburn, Gibbard) and constructivist (Korsgaard, Street) views can be viewed as inspired by irrealist ideas from Hume and Kant respectively. One realist response to these contemporary irrealist views is to argue that they are inconsistent with obvious surface-level appearances of ordinary ethical thought and discourse, especially the fact that we talk and act as if there is ethical knowledge . In this paper, I explore some constructivist and expressivist options for responding to this objection. (...) My conclusion is that, although both constructivists and expressivists can capture other surface-level features of ethical thought and discourse, the possibility of ethical knowledge causes special problems for these versions of irrealism. I end with some comments about where I think irrealists should begin to look for a response to these special problems, which points, somewhat surprisingly, towards an alternative inferentialist form of irrealism about epistemic and ethical thought and discourse, which is inspired by Sellars. (shrink)

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)