Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments (Burczak, 2016) raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand upon the arguments and to explore some related issues. In the narrative that unfolds, Frank H. Knight plays the role of the sophisticated defender of the system of renting, hiring and (...) employing human beings. He was quite clear that the social role of economics is to develop an idealised model, the competitive free enterprise model, and then to frame the normative discussion in terms of that model. Knight would agree with the whole thread of heterodox 'criticism' that the actual economy falls far short of the ideal – which is why I largely eschewed the descriptive shortcomings of ideal model as a purported model of the actual economy. Instead my paper focused on developing a critique of the key part of the idealised model, the marginal productivity theory of distribution under competitive conditions. That critique is based on the usual juridical principle of imputing legal responsibility in accordance with factual responsibility – the principle whose property-theoretic application is the modern treatment of the labour theory of property. Historically, heterodox economics faced a fork in the road in the 19th century: whether to criticise 'the system' by developing the inchoate 'labour theory' as a theory of value or a theory of property. Marx and much of left-wing economics took the labour-theory-of-value road, whereas my paper is part of a modern attempt – Thomas Hodgskin (1832) being an earlier attempt – to take the labour-theory-of-property road. As we will see, much of the debate still revolves around these two roads. Read David Ellerman's original paper "The Labour Theory of Property and Marginal Productivity Theory" › Read Jamie Morgan's commentary on David Ellerman's paper ›. (shrink)

This paper addresses the plausibility of practical apatheism: an attitude of apathy or indifference about philosophical questions pertaining to God’s existence grounded in the belief that they lack practical significance. Since apatheism is rarely discussed, we begin by clarifying the position and explaining how it differs from some of the other positions one may take with regard to the existence of God. Afterward, we examine six distinct objections to practical apatheism. Each of these objections posits a different reason for thinking (...) that belief in God is practically significant. Five of these objections prove unsuccessful. The sixth, which appeals to the practical significance of belief in God with respect to our fates in the afterlife, is more promising but nonetheless encounters significant obstacles. Since the success of this objection is controversial, whether we have good grounds to reject practical apatheism should be similarly controversial, and the view should be given further examination. (shrink)

The meaning of privacy has been frequently disputed in the philosophical and -/- legal literature since Warren and Brandeis first argued for it as a distinct and -/- important personal and social value. Nevertheless, while the meaning of privacy -/- is held to be vague, there is general agreement that Warren and Brandeis were -/- correct in their assessment of its value. Theorists of democracy, on the other hand, -/- have been ambivalent towards the realm of the private. This paper (...) interrogates the -/- intersection between privacy and democracy, questioning the place of privacy as a -/- distinctly democratic value. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

The convergence of computing, sensing, and communication technology will soon permit large-scale deployment of self-driving vehicles. This will in turn permit a radical transformation of traffic control technology. This paper makes a case for the importance of addressing questions of social justice in this transformation, and sketches a preliminary framework for doing so. We explain how new forms of traffic control technology have potential implications for several dimensions of social justice, including safety, sustainability, privacy, efficiency, and equal access. Our central (...) focus is on efficiency and equal access as desiderata for traffic control design. We explain the limitations of conventional traffic control in meeting these desiderata, and sketch a preliminary vision for a next-generation traffic control tailored to address better the demands of social justice. One component of this vision is cooperative, hierarchically distributed self-organization among vehicles. Another component of this vision is a priority system enabling selection of priority levels by the user for each vehicle trip in the network, based on the supporting structure of non-monetary credits. (shrink)

It is a widespread opinion that toleration, as a political practice, has merely instrumental value. The aim of this paper is to defend, on the contrary, that toleration has political value in itself. In more specific terms, I will claim that it is valuable in itself in virtue of its intrinsic relationship with democracy. Toleration is a constituent of democracy inasmuch as it is necessary for the existence of a democratic administration of political power. I will show that that relation (...) of constitution holds because toleration, through the protection of spaces of contestation to the political power, contributes to solving democracy’s inner tension resulting from its practical implementation. -/- Es una opinión extendida que la tolerancia, en cuanto práctica política, tiene valor meramente instrumental. El objetivo de este artículo es defender, por el contrario, que ella tiene valor político en sí. Específicamente, defenderé que es valiosa en sí misma a causa de su relación intrínseca con la democracia. La tolerancia es un constituyente de la democracia en cuanto es necesaria para que pueda existir una administración democrática del poder político. Mostraré que esa relación de constitución existe porque la tolerancia, mediante la protección de espacios de contestación al poder político, contribuye a la resolución de una tensión interna de la democracia en su implementación práctica. (shrink)

In this article I argue for two closely related conclusions: one concerned more narrowly with the internal consistency of G. A. Cohen's theorizing about justice and the unique rhetoric in which it is couched, the other connected to a more sweeping set of recommendations about how theorizing on justice is most promisingly undertaken. First, drawing on a famous insight of G. E. Moore, I argue that although the (Platonic) purity of Cohenian justice provides Cohen a platform from which to put (...) some extremely challenging criticisms to Rawls and Rawlsian liberals, at the same time it generates a sort of self-referential paradox for many of the theses about the concept of justice to which Cohen himself is committed. I go on to conclude, using Rawls's theory of justice as a model, that it would serve political philosophy well to conceive of justice with less purity than Cohen conceives of it. (shrink)

It is hard to disagree with the idea of responsible innovation (henceforth, RI), as it enables policy-makers, scientists, technology developers, and the public to better understand and respond to the social, ethical, and policy challenges raised by new and emerging technologies. RI has gained prominence in policy agenda in Europe and the United States over the last few years. And, along with its rising importance in policy-making, there is also a burgeoning research literature on the topic. Given the historical context (...) of which RI emerges, it should not be surprising that the current discourse on RI is predominantly based on liberal democratic values. Yet, the bias towards liberal democratic values will inevitably limit the discussion of RI, especially in the cases where liberal democratic values are not taken for granted. As such, there is an urgent need to return to the normative foundation of RI, and to explore the notion of ‘responsible innovation’ from nonliberal democratic perspectives. Against this background, this paper seeks to demonstrate the problematic consequences of RI solely grounded on or justified by liberal democratic values. This paper will cast the argument in the form of a dilemma to be labelled as The Decent Nonliberal Peoples’ Dilemma and use it to illustrate the problems of the Western bias. (shrink)

How should political theorists go about their work if they are democrats? Given their democratic commitments, should they develop theories that are responsive to the views and concerns of their fellow citizens at large? Is there a balance to be struck, within political theory, between truth seeking and democratic responsiveness? The article addresses this question about the relationship between political theory, public opinion and democracy. I criticize the way in which some political theorists have appealed to the value of democratic (...) legitimacy in an attempt to justify a more opinion-sensitive approach to their work. Specifically, I identify a problematic model in the existing literature, which I term ‘democratic restraint’: an approach on which the theorist moderates her normative principles in response to evidence about public attitudes in order to enhance the legitimacy of her account. This model renders the discipline newly vulnerable to an otherwise misguided objection that political theory seeks to pre-empt democratic politics. I trace the problem with the democratic restraint model to its flawed underlying conception of democratic legitimacy. The article then outlines a more appealing ‘democratic underlabourer’ view of the status of political theory and draws out the implications of this alternative account for the role of public opinion. (shrink)

The recent progress in the development of autonomous cars has seen ethical questions come to the forefront. In particular, life and death decisions regarding the behavior of self-driving cars in trolley dilemma situations are attracting widespread interest in the recent debate. In this essay we want to ask whether we should implement a mandatory ethics setting for the whole of society or, whether every driver should have the choice to select his own personal ethics setting. While the consensus view seems (...) to be that people would not be willing to use an automated car that might sacrifice themselves in a dilemma situation, we will defend the somewhat contra-intuitive claim that this would be nevertheless in their best interest. The reason is, simply put, that a PES regime would most likely result in a prisoner’s dilemma. (shrink)

The general aim of this article is to give a critical interpretation of post-trial obligations towards individual research participants in the Declaration of Helsinki 2013. Transitioning research participants to the appropriate health care when a research study ends is a global problem. The publication of a new version of the Declaration of Helsinki is a great opportunity to discuss it. In my view, the Declaration of Helsinki 2013 identifies at least two clearly different types of post-trial obligations, specifically, access to (...) care after research and access to information after research. The agents entitled to receive post-trial access are the individual participants in research studies. The Declaration identifies the sponsors, researchers and host country governments as the main agents responsible for complying with the post-trial obligations mentioned above. To justify this interpretation of post-trial obligations, I first introduce a classification of post-trial obligations and illustrate its application with examples from post-trial ethics literature. I then make a brief reconstruction of the formulations of post-trial obligations of the Declaration of Helsinki from 2000 to 2008 to correlate the changes with some of the most salient ethical arguments. Finally I advance a critical interpretation of the latest formulation of post-trial obligations. I defend the view that paragraph 34 of ‘Post-trial provisions’ is an improved formulation by comparison with earlier versions, especially for identifying responsible agents and abandoning ambiguous ‘fair benefit’ language. However, I criticize the disappearance of ‘access to other appropriate care’ present in the Declaration since 2004 and the narrow scope given to obligations of access to information after research. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

Some of the most important contributions to animal ethics over the past decade or so have come from political, as opposed to moral, philosophers. As such, some have argued that there been a ‘political turn’ in the field. If there has been such a turn, it needs to be shown that there is something which unites these contributions, and which sets them apart from previous work. We find that some of the features which have been claimed to be shared commitments (...) of the turn are contested by key theorists working in the field. We also find that the originality of the turn can be exaggerated, with many of their ideas found in more traditional animal ethics. Nonetheless, we identify one unifying and distinctive feature of these contributions: the focus on justice; and specifically, the exploration of how political institutions, structures and processes might be transformed so as to secure justice for both human and nonhuman animals. (shrink)

The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may not currently be practically (...) achievable. The paper argues that this response is based on a particular and contentious (in the debate) understanding of distributive justice as focused on outcomes rather than treatment by specific types of agents. A number of problems with that concept of justice are adduced and the alternative concept set out. Rejecting the agency objection based on an assumed concept of justice to which those making it would not obviously subscribed begs the question against them. (shrink)

Charles Taylor and John Gray offer competing liberal responses to the contemporary challenge of pluralism. Gray's morally minimal 'modus vivendi liberalism' aims at peaceful coexistence between plural ways of life. It is, in Judith Shklar's phrase, a 'liberalism of fear' that is skeptical of attempts to harmonize clashing values. In contrast, Taylor's 'hermeneutic liberalism' is based on dialogical engagement with difference and holds out the possibility that incompatible values and traditions can be reconciled without oppression or distortion. Although Taylor's theory (...) is superior to Gray's because it recognizes that dialogue is crucial for respecting pluralism, both theories fail to fully articulate the ethical ideal of citizenship that they imply. Citizens who are able to dialogically engage with pluralism must be cultivated through liberal education to possess certain ethical traits, and this requirement inevitably limits the range of pluralism liberal societies can accommodate. The theoretical overemphasis on pluralism in recent liberal theory serves to obscure this point. (shrink)

The subject of this article is the Rawlsian right to personal property. Adequate discussion of this right has long been absent from the literature, and the recent rise in interest in other areas of Rawlsian thought on property makes the issue particularly pertinent. The right to personal property as proposed by orthodox Rawlsians – in this article, the position is represented by Rawls himself – is best understood, I claim, either as a right to be able to privately own housing (...) and personal items or as a right to actually own these things. I argue, however, that the resources of a Rawlsian theory cannot justify a basic right to property which is as extensive as this. Instead, what can be justified is a more limited set of rights, comparable with the rights we have over objects that we rent. Rawlsian justice, then, has a more radical implications in terms of basic property rights than has previously been thought. (shrink)

The idea of personalised medicine (PM) has gathered momentum recently, attracting funding and generating hopes as well as scepticism. As PM gives rise to differing interpretations, there have been several attempts to clarify the concept. In an influential paper published in this journal, Schleidgen and colleagues have proposed a precise and narrow definition of PM on the basis of a systematic literature review. Given that their conclusion is at odds with those of other recent attempts to understand PM, we consider (...) whether their systematic review gives them an edge over competing interpretations. We have found some methodological weaknesses and questionable assumptions in Schleidgen and colleagues’ attempt to provide a more specific definition of PM. Our perplexities concern the lack of criteria for assessing the epistemic strength of the definitions that they consider, as well as the logical principles used to extract a more precise definition, the narrowness of the pool from which they have drawn their empirical data, and finally their overlooking the fact that definitions depend on the context of use. We are also worried that their ethical assumption that only patients’ interests are legitimate is too simplistic and drives all other stakeholders’ interests—including those that are justifiable—underground, thus compromising any hope of a transparent and fair negotiation among a plurality of actors and interests. As an alternative to the shortcomings of attempting a semantic disciplining of the concept we propose a pragmatic approach. Rather than considering PM to be a scientific concept in need of precise demarcation, we look at it as an open and negotiable concept used in a variety of contexts including at the level of orienting research goals and policy objectives. We believe that since PM is still more an ideal than an achieved reality, a plurality of visions is to be expected and we need to pay attention to the people, reasons and interests behind these alternative conceptions. In other words, the logic and politics of PM cannot be disentangled and disagreements need to be tackled addressing the normative and strategic conflicts behind them. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

This article provides a comment on The Force of Law, which is Schauer's new and illuminating contribution to the place of law in our societies and in our lives. It constitutes a strong defence of the importance of coercion in law. First, I consider cases where the law is not able to motivate human behaviour adequately, in order to show that legal coercion is not always justified. Second, I examine the Rawlsian distinction between the ideal and the nonideal theory and (...) its application to the theory of law. Third, I tentatively argue that coercion has no place in ideal theory, but a core place in nonideal theory. In this way, it may be plausible to reconstruct the motivation to accept the law, at least when the law is normatively justified. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. (...) In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

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)

In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject (...) instrumentalism on two grounds: (i) because it fails to respect reasonable value pluralism and to recognize the constitutive role of democratic procedures for legitimacy in pluralist societies, and (ii) because it neglects the constructive function of democratic decision-making. I then consider two alternatives to pure epistemic proceduralism: David Estlund's version of epistemic proceduralism and a Deweyan account of epistemic democracy. I argue that only pure epistemic proceduralism can make good on both shortcomings of instrumentalism, whereas each of the other two approaches only makes good on one and neglects the other. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses on (...) issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy. (shrink)

NIMBY claims have certainly been vilified. But, as Feldman and Turner point out, one cannot condemn all NIMBY claims without condemning all appeals to partiality. This suggests that any moral problem with NIMBY claims stems not from their status as NIMBY claims but from an underlying illegitimate appeal to partiality. I suggest that if we are to distinguish illegitimate from legitimate appeals to partiality we should look to what might morally justify the sort of agent-relative reasons that can be expressed (...) as a part of public morality. However, if this serves to distinguish legitimate from illegitimate appeals to partiality, the scope for justifiable NIMBY claims is significantly reduced. NIMBY claims require special justification, just as do appeals to the appropriate form of agent-relative reasons. NIMBY appeals to the value of a particular place may very well be morally acceptable, but not merely in virtue of being significant to someone. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...) substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

At least since the publication of the monumental Strategic Management: A Stakeholder Approach, the "stakeholder theory" originated by R. E. Freeman has engrossed much of the business ethics literature. Subsequently, some advocates have moved a bit too quickly and without proper definition or argument. They have exceeded Freeman's intentions which are more libertarian and free-market than is often thought. This essay focuses on the versions of stakeholder theory directly authored or coauthored by Freeman in an effort to recover Freeman's intentions (...) and the argumentative justification of stakeholder theory. It then argues that Freeman's appeal to legal, economic, and ethical constraints ultimately produce arguments that are invalid. One can thoroughly support legislation constraining corporations or seeking to prevent age discrimination, market monopolies, and externalities and regret the extent that capitalism is heir to such shortcomings without it following that business beneficiaries should be changed from stockholders to stakeholders and the latter should be given serious decision-making power. Further, stakeholder theory neither defines nor battles any obvious opposition. Hence, it is difficult to see what it changes about business management. In short, stakeholder theory either changes too much about business, or nothing important at all. Efforts to supplant or improve the reigning theory of capitalism will have to do better. (shrink)

Given the recent ethics scandals in the United States, there has been a renewed focus on understanding the antecedents to ethical decision-making in the research literature. Since ethical norms and standards of behavior are not universally consistent, an individual’s choice of referent may exert a large influence on his/her ethical decision-making. This study used a social identity theory lens to empirically examine the relative influence of the macro- and micro-level variables of national culture and peers on an individual’s intention to (...) behave ethically. Our sample consisted of respondents from Germany, Italy, and Japan. The results indicated that both national culture and peers were found to act as significant referents in ethical decision-making dilemmas. Although peers exerted a much stronger influence on an individual’s ethical decision-making, the impact of peers varied depending on the national culture levels of individualism and power distance. (shrink)

The recent frauds in organizations have been a point for reflection among researchers and practitioners regarding the lack of morality in certain decision-making. We argue for a modification of decision-making models that has been accepted in organizations with stronger links with ethics and morality. With this aim we propose a return to the base value of Christianity, supported by Bible scriptures, underlying six dominant ethical approaches that drive practices in organizations.

As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...) and of automata and whether ontological difference between them, that pertains to the very bases of human rights, affects the latter’s claims to full human rights. Considering common bases of human rights, can these bases tell us whether a certain ontological distinction of humans from automata—or a de facto distinction about humans tacitly acknowledged by full-rights-recognizing societies—makes a difference in whether humans are morally obligated to assign these entities full rights? Human rights to security also arise. The conclusion is that humans need not be under any moral obligation to confer full human rights on automata. The paper’s ultimate point is not to close the discussion with this ontological cap but to set a solid moral and legal groundwork for opening it up tout court. (shrink)

This paper considers issues raised by Elizabeth Anderson’s recent critique of the position she terms ‘luck egalitarianism’. It is maintained that luck egalitarianism, once clarified and elaborated in certain regards, remains the strongest egalitarian stance. Anderson’s arguments that luck egalitarians abandon both the negligent and prudent dependent caretakers fails to account for the moderate positions open to luck egalitarians and overemphasizes their commitment to unregulated market choices. The claim that luck egalitarianism insults citizens by redistributing on the grounds of paternalistic (...) beliefs, pity and envy, and by making intrusive and stigmatizing judgments of responsibility, fails accurately to characterize the luck egalitarian’s rationale for redistribution and relies upon luck egalitarians being insensitive to the danger of stigmatization. The luck egalitarian position is reinforced by the fact that Anderson’s favoured conception of equality, ‘democratic equality’, is counterintuitively indifferent to all unchosen inequalities, including intergenerational inequalities, once bare social minima are met. (shrink)

Engaging a listener’s trust imposes moral demands upon a presenter in respect of truthtelling and completeness. An agent lies by an utterance that satisfies what are herein defined as signal and mendacity conditions; an agent deceives when, in satisfaction of those conditions, the agent’s utterances contribute to a false belief or thwart a true one. I advert to how we may fool ourselves in observation and in the perception of our originality. Communication with others depends upon a convention or practice (...) of presumed nonuniversal truthfulness. In support of an asserted duty of nondeceptiveness, I offer a reconciliation of pertinent Kantian passages, a sketch of arguments within utilitarianism, contractarianism, and other views, and an account arguing for application of that duty to assertions, implicatures, omissions, equivocation, prevarication, and sophistry insofar as they affect listeners’ doxastic states. For scholarship, this duty is exceptionless. I describe the kernel of intellectual honesty as a virtuous disposition such that when presented with an incentive to deceive, the agent will not deceive. Intellectual honesty delivers candor when it counts. I contrast this with complementary virtues and the surpassing virtue of ingenuousness. An account is given of the connection between intellectual honesty and an influential physical model of integrity. (shrink)

This paper is a philosophically informed contribution to debate about the values that might inform and be communicated by a further education. It includes a historical review of the concern of colleges of further education with economic and personal development that was reflected in the distinction between vocational and liberal studies. This distinction is seen to arise out of a mistaken epistemology which attempts to distinguish once and for all as it were, objective facts from subjective values. As instrumentalism came (...) to dominate the further education sector, the idea of liberal studies became obsolete and the sector might now appear to some commentators to be little concerned with values other than those of a monetary kind. The paper is focused on a traditional conception of further education colleges as places where people learn practices such as plumbing, joinery and hairdressing. It is argued that the distinction between academic and vocational practices is not based on the logic of the practices, but on the primary purpose of the person who is making the distinction. Practices such as plumbing, joinery and hairdressing are value laden as, more obviously, are other practices such as literary criticism and feminist pedagogy. The idea that the former type of practices are somehow value free and in need of additional study in moral competence or life skills is mistaken. Instead it is argued that all practices are evaluative and that an induction into any practice is bound to be a form of values education. (shrink)

Although Ontario's first experiment with faith-based arbitration ended in 2006 with the Liberal government's amendment of the 1991 Arbitration Act to disallow faith-based arbitration, the debate about whether such tribunals should be permitted in a multicultural democracy is still open given that actors in a number of jurisdictions persist with campaigns to have faith-based arbitration recognized as legitimate. Are faith-based arbitration tribunals permissible in a multicultural democracy? Does faith-based arbitration put the rights of women and children at risk? More generally, (...) are the requirements of democratic stability and legitimacy compatible with this sort of legal pluralism in family and civil law? The author assesses faith-based arbitration from the perspective of deliberative democracy and argues that, if certain institutional reforms and safeguards are adopted, faith-based arbitration may serve to improve deliberative reciprocity across group boundaries, rather than harm stability and integration in a multicultural democracy as critics suggest. (shrink)

Despite the increasing attention devoted to the theme of political judgment, the question of how to theorize judgment as specifically democratic remains elusive. This article shows the promise of Spinoza for approaching such a vexing issue. Through a combined reading of his major political and metaphysical texts, I develop a new concept of political judgment that I call ‘citizen jurisprudence’. Citizen jurisprudence is at once a right and a power that is internally related to the ‘power of the people’. Put (...) another way, citizen jurisprudence is the figure and effect of democracy understood in an expansive sense: not solely as a state form but as an activity of equally free individuals determining the sense and the scope of common affairs. An account of this concept simultaneously nuances Spinoza’s current profile as a political thinker and contributes to efforts within contemporary political theory to recuperate the radical potential of judgment as a mode of democratic agency. (shrink)

In his paper, "The Right of the Guilty," Corey Brettschneider aims to develop and defend a theory of punishment within the framework of a liberal-contractarian conception of political legitimacy. My response argues that this attempt to extend the liberal-contractarian theory reveals, in a particularly clear and striking manner, deep and ultimately insurmountable conceptual difficulties for that theory.

Is the liberal state entitled to intervene in the internal affairs of its nonliberal minorities to promote individual autonomy as a public ideal, or should it tolerate the nonliberal practices of such groups in the name of legitimate diversity? This problem can be fruitfully approached from the perspective of Isaiah Berlin's notion of "value pluralism." According to William Galston, value pluralism privileges a form of liberalism that is maximally accommodating of nonliberal groups and their practices. I agree that pluralism fits (...) best with a liberal political framework, but I depart from Galston's interpretation of what liberal pluralism involves. Taking value pluralism seriously, I argue, implies a form of liberalism in which personal autonomy is a central public ideal. (shrink)

The relationship between knowledge, belief, and ethics is an inaugural theme in philosophy; more recently, under the title “ethics of belief” philosophers have worked to develop the appropriate methodology for studying the nexus of epistemology, ethics, and psychology. The title “ethics of belief” comes from a 19th-century paper written by British philosopher and mathematician W.K. Clifford. Clifford argues that we are morally responsible for our beliefs because each belief that we form creates the cognitive circumstances for related beliefs to follow, (...) and we inevitably influence each other through those beliefs. This study argues that recent cognitive research supports Cliffordian insights regarding patterns of belief formation and social influence. From the confirmation offered by such research, it follows that informational accuracy holds serious ethical significance in public discourse. Although scientific and epistemological matters are not always thought to be linked to normative morality, this study builds on Clifford's initial insights to show their linkage is fundamental to inquiry itself. In turn, Clifford's ethical and epistemic outline can inform a framework grounded in “public reason” under which seemingly opposed science communication strategies are philosophically united. With public discourse on climate change as the key example, empirically informed and grounded strategies for science communication in the public sphere are considered. (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)

In political philosophy, citizenship is a key concept. Citizenship is tied to rights and duties, as well as to concepts of social justice. Recently, the debate on citizenship has developed a new direction in focusing on qualified notions of citizenship. In this contribution, I shall defend three claims. Firstly, consumer citizenship fits into the discussion of qualified notions of citizenship. Secondly, the debate on qualified notions of citizenship cannot be detached from the normative claims in the philosophy of citizenship more (...) generally. In particular, duties and rights receive a distinct shape when debated in terms of “consumer citizenship”. Thirdly, I shall argue that further normative limits can be established by discussing qualified notions of citizenship as items of a list that need to cohere in normative terms. I shall pay particular attention to environmental citizenship. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)