Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across (...) cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (shrink)

This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...) governmental intervention into the inner life of private associations will jeopardise attaining some associational goods. I challenge these assertions in two ways: First, I argue that the value of associations cannot be measured only in terms of the effects it has on their members. We should also pay attention to the long-term effects on society. Second, I argue that imposing some constraints on the sorts of activities associations might pursue does not necessarily threaten any associational good. These challenges are backed up by research coming from social psychology that suggests that an important part of human behaviour is automatic. I focus on the automaticity of social stereotypes and their causal effectiveness in producing behaviour. The upshot of the argument is that spillover effects are likely to happen. I argue that this is problematic for liberalism because citizens have an interest in exercising a sense of justice. The fact that racist or sexist attitudes cultivated in private spills over the public sphere provides weighty reasons to intervene in those associations. (shrink)

The associative argument for political obligation has taken an important place in the debate on political obligation. Proponents of this view argue that an obligation to obey the government arises out of ties of affiliation among individuals who share the same citizenship. According to them, relationships between compatriots constitute basic reasons for action in the same way in which relationships between family members or friends do. As critics point out, this account of the normative force of relationships has counterintuitive implications: (...) if relationships between people sharing the same citizenship make up basic reasons for action, then relationships between people sharing other attributes, for example, relationships between racists or sexists form basic reasons for action too. In this essay, I pursue a modified version of the associative approach that is not vulnerable to this objection. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Digital data help data scientists and epidemiologists track and predict outbreaks of disease. Mobile phone GPS data, social media data, or other forms of information updates such as the progress of epidemics are used by epidemiologists to recognize disease spread among specific groups of people. Targeting groups as potential carriers of a disease, rather than addressing individuals as patients, risks causing harm to groups. While there are rules and obligations at the level of the individual, we have to reach a (...) stage in the development of data analytics where groups are protected as entities. This chapter offers a deeper examination of harms to the groups. (shrink)

In this paper, I contrast two approaches to political legitimacy, both influenced by Rawls. One is the classic political liberal picture, according to which a state is legitimate if its “constitutional essentials” could be endorsed by reasonable citizens. The alternative is the idea that what makes a state legitimate is primarily its success at organizing the basic structure in a way that is demonstrably favorable to the governed. Specifically, I suggest that a state is legitimate insofar as it organizes the (...) basic structure in a manner that makes it easier for citizens to behave justly towards one another and adopt autonomous choices. I then move to demonstrate the superiority of this normative impact solution to the problem of legitimacy vis-à-vis political liberalism, even when reasonable disagreement about justice is factored in. (shrink)

Suppose that a patient is receiving treatment options from her doctor. In one case, the doctor says, “the surgery has a 90% survival rate.” Now, suppose the doctor instead said, “the procedure has a 10% mortality rate.” Predictably, the patient is more likely to consent on the first description and more likely to dissent on the second. This is an example of a framing effect. A framing effect occurs when “the description of [logically-equivalent] options in terms of gains (positive frame) (...) rather than losses (negative frame) elicits systematically different choices.” Framing effects are ubiquitous, but they are particularly troublesome in medicine. Many worry that there is tension between valuing informed consent and using framing effects in clinical settings. In this paper, I answer this question: if an individual is subject to a framing effect when she gives her consent, does this undermine the validity of her consent? I argue that framing effects do not undermine consent in general. (shrink)

This thesis defends utilitarianism: the view that as far as morality goes, one ought to choose the option which will result in the most overall well-being. Utilitarianism is widely rejected by philosophers today, largely because of a number of influential objections. In this thesis I deal with three of them. Each is found in Bernard Williams’s ‘A Critique of Utilitarianism’ (1973). The first is the Integrity Objection, an intervention that has been influential whilst being subject to a wide variety of (...) interpretations. In Chapter Two I give my interpretation of Williams’s Integrity objection; in Chapter Three I discuss one common response to it, and in Chapters Four and Five I give my own defence of utilitarianism against it. In Chapter Six I discuss a second objection: the problem of pre-emption. This problem is also found in Williams, but has received greater attention through the work of other authors in recent years. It suggests that utilitarianism is unable to deal with some of the modern world’s most pressing moral problems, and raises an internal tension between the twin utilitarian aims of making a difference and achieving the best outcomes. In Chapter Seven I discuss a third objection: that utilitarianism is insufficiently egalitarian. I find this claim to be unwarranted, in light of recent social science and philosophy. My responses to Williams’s objections draw upon resources from the socialist tradition – in particular, that tradition’s emphasis on the importance of social connections between individuals. Socialists have often been hostile to utilitarianism, in part for socialist-inflected versions of Williams’s objections. Thus, in responding to these objections I aim to demonstrate that socialist thought contains the means to defuse not only mainstream philosophy’s rejection of utilitarianism but also its own, and thus to re-open the possibilities for a productive engagement between the two traditions. (shrink)

This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I argue that, once (...) we unpack the internal relation between directed duties, moral status, and flourishing, relations can ground personhood and include nonhuman animals. (shrink)

The aim of this paper is to provide a detailed characterisation of some ways in which our preferences reflect our reasons. I will argue that practical reasons can be characterised along two dimensions that influence our preferences: their balance and their weight. This is analogous to a similar characterisation of the way in which probabilities reflect the balance and weight of evidence in epistemology. In this paper, I will illustrate the distinction between the balance and weight of reasons, and show (...) how this is crucial for an adequate account of preference and choice. The upshot is a more complete picture of a particular kind of decision, labelled by Isaac Levi and, more recently, Ruth Chang as ‘hard choices’. These are choices in which one option is better than another in some ways, the other is better than the first in some ways, but neither seems better overall. The distinction between the balance and weight of reasons presents a new way of understanding how hard choices vary by degree and what it is that makes them so hard. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

This thesis consists of a series of papers in population ethics: a subfield of normative ethics concerned with the distinctive issues that arise in cases where our actions can affect the identities or number of people of who ever exist. Each paper can be read independently of the others. In Chapter 1, I present a dilemma for Archimedean views in population axiology: roughly, those views on which adding enough good lives to a population can make that population better than any (...) other. In Chapter 2, I extend Gustaf Arrhenius’s famous impossibility theorems in population axiology into the domain of choices under risk. My risky impossibility theorems dispense with the assumption that welfare levels are finitely fine-grained, and so tell against lexical views in population axiology. In Chapter 3, I present objections to critical-level and critical-range views in population axiology. I then sketch out what I call the ‘Imprecise Exchange Rates View’ and argue that it is an attractive alternative. In Chapter 4, I address critical-level and critical-range views again. This time, I note that they are vulnerable to objections from biographical identity: identity between lives. I suggest that these objections give us reason to reject critical-level and critical-range views and embrace the Total View. In Chapter 5, I argue that objections of the same form – objections from personal identity – tell against person-affecting views in population ethics. In Chapter 6, I draw out some counterintuitive implications of two recent complaints-based theories of the procreation asymmetry. (shrink)

Many philosophers now see meaning in life as a key evaluative category that stands alongside well-being and moral goodness. Our lives are assessed not only by how well they go for us and how morally good they are, but also by their meaningfulness. In this article, I raise a challenge to this view. Theories of meaning in life closely resemble theories of well-being, and there is a suspicion that the former collapse into the latter. I develop this challenge showing that (...) it is formidable. I then answer it by offering a novel account of what meaning in life is and how it differs from well-being. The account I offer is able to resist the strongest form of the challenge while also having much intuitive appeal. (shrink)

De vuelta a Raz: una réplica En Judging Positivism, sostengo que Joseph Raz cambió su posición en el tiempo y que esos cambios produjeron inconsistencias e incoherencias en su posición madura. La premisa clave que pone en marcha el argumento es la siguiente: la concepción de sistemas jurídicos en Practical Reason and Norms está basada en, y depende de, la tesis de que jueces tienen un deber de aplicar el derecho. Tratase de una concepción positivista del derecho que deriva de (...) una visión positivista del trabajo del juez. Problemas surgen para Raz cuando él introduce elementos morales en su concepción positivista de derecho. En particular, analizo las dificultades que Raz encuentra cuando introduce una teoría moral de la aplicación del derecho en Ethics in the Public Domain, y una teoría moralmente cargada de la autoridad en Morality of Freedom. André Coelho y Jorge Fabra-Zamora cuestionan mi crítica a los argumentos de Raz sobre la aplicación del derecho, mientras Thomas Bustamante plantea sus comentarios en mi critica de la autoridad en Raz. Al contestar a mis críticos, revisito mi interpretación de PRN, al paso que exploro las premisas fundacionales en discusión en estos debates. Rechazo la posibilidad de que todas presuposiciones fundacionales son igualmente valiosas: el análisis conceptual no normativo no es, en mi opinión, una metodología viable si se quiere contestar las cuestiones planteadas por Raz y Hart. Asimismo, investigo las dificultades que la teoría de la autoridad de Raz encuentra. (shrink)

I identify what appears to be a "glaring" inconsistency between what Joseph Raz says on euthanasia in a 2012 lecture and what he says on well-being within his most celebrated book, The Morality of Freedom. There also appears to be a subtler inconsistency between what he says and his endorsement of H.L.A. Hart’s opposition to a definitional project.

A central debate in the philosophy of love is whether people can love one another for good reasons. Reasons for love seem to help us sympathetically understand and evaluate love or even count as loving at all. But it can seem that if reasons for love existed, they could require forms of love that are presumably illicit. It might seem that only some form of wishful thinking would lead us to believe reasons for love could never do this. However, if (...) we focus on why reasons for love as such motivate us to love, we find evidence that reasons for love as such do not require or even justify it: all they do is favor it. This result is fine, however, since love never stands in need of justification. We would think otherwise only if we somehow conflate reasons and justifications, or value and permissibility. We must give up such background assumptions if we are to appreciate reasons for love. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

According to Critical-Level Views in population axiology, an extra life improves a population only if that life’s welfare exceeds some fixed ‘critical level.’ An extra life at the critical level leaves the new population equally good as the original. According to Critical-Range Views, an extra life improves a population only if that life’s welfare exceeds some fixed ‘critical range.’ An extra life within the critical range leaves the new population incommensurable with the original. -/- In this paper, I sharpen some (...) old objections to these views and offer some new ones. Critical-Level Views cannot avoid certain Repugnant and Sadistic Conclusions. Critical-Range Views imply that lives featuring no good or bad components whatsoever can nevertheless swallow up and neutralise goodness or badness. Both classes of view entail that certain small changes in welfare correspond to worryingly large differences in contributive value. -/- I then offer a view that retains much of the appeal of Critical-Level and Critical-Range Views while avoiding the above pitfalls. On the Imprecise Exchange Rates View, the quantity of some good required to outweigh a given unit of some bad is imprecise. This imprecision is the source of incommensurability between lives and populations. (shrink)

Psychologists and philosophers have argued that the capacity for perseverance or “grit” depends both on willpower and on a kind of epistemic resilience. But can a form of hopefulness in one’s future success also constitute a source of grit? I argue that substantial practical hopefulness, as a hope to bring about a desired outcome through exercises of one’s agency, can serve as a distinctive ground for the capacity for perseverance. Gritty agents’ “practical hope” centrally involves an attention-fuelled, risk-inclined weighting of (...) two competing concerns over action: when facing the decision of whether to persevere, hopeful gritty agents prioritize the aim of choosing a course of action which might go very well over that of choosing a course of action which is very likely to go fairly well. By relying on the notion of a “risk-inclined attentional pattern” as a dimension of gritty agents’ practical hope, we can explain that form of hope’s contribution to their motivation and practical rationality, especially on a risk-weighted expected utility framework. The upshot is a more pluralistic view of the sources of grit. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...) appropriateness of a person responding to a decision by limiting their freedom. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main (...) advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...) Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

In this article, I will argue against the Orthodox Jewish view that the Torah should be treated as an absolute authority. I begin with an explanation of what it means to treat something as an absolute authority. I then review examples of norms in the Torah that seem clearly immoral. Next, I explore reasons that people may have for accepting a person, text, or tradition as an absolute authority in general. I argue that none of these reasons can justify absolute (...) authority if the authority prescribes norms that we strongly judge to be immoral. I then respond to three objections to my argument. I end with a note explaining why, contrary to a popular trend, the narrative of the binding of Isaac is not a good place to start this discussion. (shrink)

In Beyond Neutrality, George Sher criticises the idea that state neutrality between competing conceptions of the good helps protect society from oppression. While he is correct that some governments are non-neutral without being oppressive, I argue that those governments may be neutral at the core of their foundations. The possibility of non-neutrality leading to oppression is further explored; some conceptions of the good would favour oppression while others would not. While it is possible that a non-neutral state may avoid oppression, (...) it is argued that the risks are so great that it is better to bet on government being neutral, thereby minimizing the possibility of oppression. (shrink)

Many neo-Aristotelians argue that practical identities are normative, that is, they provide us with reasons for action and create binding obligations. Kantian constructivists agree with this insight but argue that contemporary Aristotelians fail to fully justify it. Practical identities are normative, Kantian constructivists contend, but their normativity necessarily derives from the normativity of humanity. In this paper, I shed light on this underexplored similarity between neo-Aristotelian and Kantian constructivist accounts of the normativity of practical identities, and argue that both ultimately (...) fail. I end by suggesting an alternative justification of the claim that practical identities are normative. (shrink)

The concept of autonomy plays a central role in bioethics,1 but there is no consensus as to how we should understand it beyond a general notion of self-determination. The conception of autonomy deployed in applied ethics2 can have crucial ramifications when it is applied in real-world scenarios, so it is important to be clear. However, this clarity is often lacking when autonomy is discussed in the bioethics literature. In this paper we outline three different conceptions of autonomy, and argue that (...) a substantive, perfectionist approach meets the theoretical requirements for an account of autonomy and also provides practical guidance. As Rebecca Walker argues, bioethics requires a more conceptually adequate account... (shrink)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous tribes is (...) justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised against it (...) in the contemporary literature: the identifiability objection; the non-existence objection; the waiving of rights objection, the lack of legitimate complaint objection; and the unfairness objection. (shrink)

In this paper, I ask what is wrong with sufficiency. I formulate a generic sufficiency principle in relation to which I discuss possible problems for sufficientarianism. I argue against the arbitrariness–concern, that sufficiency theory need only to identify a possible space for determining a plausible threshold, and I argue against the high–low threshold dilemma concern, that multiple-threshold views can solve this dilemma. I then distinguish between currency-pluralist and currency-monist multiple-threshold views and test them against two different versions of the widely (...) shared ‘ignorance of inequality objection’ to sufficientarianism—a benefit-driven and a burden-driven version. I argue that currency-pluralist sufficiency views are better capable of responding to the former than currency-monist views. However, I show that no existing sufficiency view can provide a plausible response to the burden-driven version. Hence, I conclude that the problem of unequal distribution of burdens above the thresholds represents an overlooked threat to the sufficiency view, in any version. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

This essay discusses implications of incommensurability of values for justified decision-making, ethics and justice. Under particular conditions incommensurability of values causes what might be called ‘incomplete comparability’ of options. Some leading theorists interpret this in terms of ‘imprecise equality’ and ‘imprecise comparability.’ This interpretation is mistaken and conceals the implications of incommensurability for practical and ethical reasoning. The aim of this essay is to show that, in many cases, incommensurability prevents the assignment of determinate weights to competing values. This may (...) have problematic consequences for a complete and impartial justification of decisions concerning conflicting values to the extent that they depend on the need of weighing them. (shrink)

This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.

This article examines the claim recently put forward by Terry Nardin, Kok-Chor Tan, and Carla Bagnoli that humanitarian intervention ought to be conceived, not as an imperfect duty (a duty of assistance to the victims of crimes against humanity left to the discretion of the members of the international community), but—assuming that the permissibility conditions have been satisfied—as a perfect duty (an unconditional obligation demanded by justice). After explaining why such a position can be considered as legitimate, it underlines some (...) of its difficulties and provides the elements of a response in order to overcome them. (shrink)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

In our thinking about what to do, we consider reasons which count for or against various courses of action. That having a glass of wine with dinner would be pleasant and make me sociable recommends the wine. That it will disturb my sleep and inhibit this evening’s work counts against it. I determine what I ought to do by weighing these considerations and deciding what would be best all things considered. A practical reason makes sense of a course of action (...) by recommending it, by highlighting some good or desirable feature of it which could move a reasonable agent to perform it. When thinking about what to do, we also attend to our obligations. Perhaps I have promised to remain clearheaded this evening. Given this I am obliged not to drink. How should this consideration affect my deliberations? According to Davidson, the fact that an action would be a breach of a promise ‘is a count against the action, to be weighed along with other reasons for the action’ (Davidson 2004: 177). This suggests that obligations are a sub-set of our reasons, they are one input into the process of determining what action would be reasonable or justified all things considered. One can see why Davidson might say this. After all, having carefully considered the matter, I may decide not to keep my promise. Furthermore this may be the right thing to do, the most reasonable course of action available to me in the light of all the relevant factors. Nevertheless this description seems to miss something important about a promise. The fact that I promised not to drink does not merely recommend not drinking as does the prospect of a restless night; it places a demand on me. Drinking would not be just inadvisable; it would now be a wrong. And even if such a wrong might on the whole be justified, even if committing this wrong is the right thing to do, in drinking I refuse a demand, I don’t just reject a recommendation. It is widely held that a promise provides you with a moral reason to fulfill it, whereas the fact that drinking would make you lose sleep does not, typically, constitute such a reason.. (shrink)

Institutions have often been characterized as responses to conflict, and assumptions about the nature of conflict have frequently determined the structure and scope of political activity. Two prevalent interpretations of conflict portray it as either a conflict of interest or a competition for resources. Yet there is another view of conflict that regards it in terms of a contest of values, something that raises a different set of questions and issues. These issues involve concerns about the incommensurability and incompatibility of (...) values, and challenge contemporary arguments that rely upon the ordering of preferences or that urge the pursuit of a normative consensus. As I argue, both preference based theories and theories of deliberative democracy prove to deal inadequately with the challenges of moral pluralism and value conflict. (shrink)

Do individuals in John Rawls’s original position take into account the fallibility of human nature? Some notable commentators on Rawls say that they do or that they should. But this enables us to say that individuals in the original position would not come to an agreement at all.

This paper focuses on a hypothetical case that represents an intervention request familiar to those who work with individuals with intellectual disability. Stacy has autism and moderate intellectual disability. Her parents have requested treatment for her hand flapping. Stacy is not competent to make her own treatment decisions; proxy consent is required. There are three primary justifications for proxy consent: the right to an open future, substituted judgment, and the best interest standard. The right to an open future justifies proxy (...) consent on the assumption of future autonomy whereas substituted judgment justifies proxy consent via reference to past autonomy. Neither applies. Stacy has not been, nor will she be, competent to make her own treatment decisions. The best interest standard justifies proxy consent on the grounds of beneficence. It is unlikely that hand flapping harms Stacy. None of the three primary means of justifying proxy consent apply to Stacy’s case. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion has several important implications (...) for the debate on public reason. (shrink)

This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences of an absence (...) of external conditions necessary for children to exercise capacities they already have internally, rather than intrinsic limitations based on their stage of life. In a closing section, I show how Montessori proposes a model wherein both children and adults have autonomy, power, and responsibility, but over different spheres, and suggest implications of these differences for who has responsibility for establishing the conditions under which children can flourish. (shrink)