Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

Anselmian theism holds that there necessarily exists a being, God, who is essentially unsurpassable in power, knowledge, goodness, and wisdom. This being is also understood to be the creator and sustainer of all that is. In contemporary analytic philosophy of religion, this role is generally understood as follows: God surveys the array of possible worlds, and in his wisdom selects exactly one for actualization, based on its axiological properties. In this paper, I discuss an under-appreciated challenge for this account of (...) the Anselmian God's selection of a world. In particular, I urge that there are failures of comparability between various possible worlds, and I argue that, given certain assumptions, these failures threaten the rationality of God's choice of a world. To the extent that rationality is deemed necessary for unsurpassability, this result also challenges the core Anselmian notion that God is an unsurpassable being. (shrink)

In this essay I critique two influential accounts of rational autonomy in common schooling that conceive liberalism as an ideal form of life, and I offer an alternative approach to democratic education that views liberal theory as concerned with coexistence among rival ways of living. This view places moral agency, not rational autonomy, at the heart of schooling in liberal societies—a moral agency grounded in initiation into dynamic traditions that enable self-definition and are accompanied by exposure to life-paths other than (...) one’s own. This alternative challenges the tendency in large diverse democracies (such as those of the US and the UK) to prefer common to particularistic schools, thereby placing many types of faith and secular schools on a more equal footing and providing moral justification for education in the national cultures of small liberal republics (such as Denmark, Israel and Lithuania) that maintain special relationships to particular groups while acknowledging the rights of all citizens. I call this approach the pedagogy of difference. (shrink)

I consider the implications of incommensurability for the assumption, in rational choice theory, that a rational agent’s preferences are complete. I argue that, contrary to appearances, the completeness assumption and the existence of incommensurability are compatible. Indeed, reflection on incommensurability suggests that one’s preferences should be complete over even the incommensurable alternatives one faces.

Liberalism and paternalism are often seen as incompatible on the grounds that liberalism recognizes autonomy as the highest value, while paternalism limits autonomy for the sake of more valuable goods such as health and safety. This article offers an argument for the compatibility of liberalism and paternalism. At the heart of the argument is the philosophical distinction between having autonomy and exercising autonomy. The second way of defending autonomy is indeed incompatible with paternalism, but the first justifies paternalism when its (...) purpose is to limit choices that reduce one’s autonomy. A modified version of John Rawls’s veil of ignorance is presented to justify the preference for having autonomy over exercising autonomy. The practical consequences of this form of liberal paternalism are then examined and analyzed using three examples: voluntary sale of oneself into slavery, addiction to opioid drugs, and compliance with road safety measures (seat belt, motorcycle helmet). The argument presented provides a justification for liberal paternalism that does not rely on any controversial or perfectionist conception of the good, and is therefore compatible with the classical interpretation of liberal neutrality. It concludes by considering the compatibility of the proposed argument with other versions of liberal paternalism, including perfectionist, respectful, Kantian, libertarian, and left-libertarian paternalism. The conclusion is that all versions except the left-libertarian one is compatible with the justification described, while Peter Vallentyne’s left-libertarian paternalism suffers from internal inconsistency. (shrink)

En su libro The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal Argument,1 Amalia Amaya argumenta las ventajas de adoptar una postura coherentista en el derecho. Concretamente, su tesis principal es la siguiente...

This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)

Acts of civil disobedience are undertaken in defense of a variety of causes ranging from banning GMO crops and prohibiting abortion to fighting inequality and saving the environment. Recently, Brownlee has argued that the merit of a cause is not relevant to the establishment of a moral right to civil disobedience. Instead, it is the fact that a dissenter believes his cause for protest to be morally right that is salient. We may term her and similar such theories belief-relative theories (...) of civil disobedience. In this paper, I first argue that Brownlee’s important argument from conscientious conviction fails in its aim to establish a belief-relative moral right to civil disobedience. I then provide a more general argument that no purely belief-relative theory of civil disobedience grounded in a basic moral value will be tenable. Any moral warrant of civil disobedience that is derived from a value must be limited by the value from which it is derived, as well as by other similarly weighty values. If the moral warrant of civil disobedience is derived from the value of autonomy, then the warrant does not extend to acts of civil disobedience that violate the autonomy of others, or other similarly weighty values. Furthermore, granting a right to disobey in promotion of a grossly unjust view is problematic because civil disobedience ought to serve the role of promoting justice. (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)

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)

According to the view we may term “strong cognitivism”, all reasons for action are rooted in normative features that the motivated subject takes objects to have independently of her attitudes towards these objects. The main concern of this paper is to argue against strong cognitivism, that is, to establish the view that conative attitudes do provide subjects with reasons for action. The central argument to this effect is a top-down argument: it proceeds by an analysis of the complex phenomenon of (...) love and derives a conclusion regarding the nature of more basic mental phenomena—particular desires. More specifically, its starting point is the crude intuition that the significance conferred by love upon its objects is of a distinctively personal kind—an intuition that is expressed by the apparent non-substitutability of two similar subjects only one of whom is loved with respect to their importance for the lover. I argue that the initial notion of non-substitutability can be refined and modified so as to form a real challenge to all versions of strong cognitivism and to establish the existence of attitude-dependent reasons. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...) to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species. (shrink)

Many people believe that the research-based pharmaceutical industry has a ‘special’ moral obligation to provide lifesaving medications to the needy, either free-of-charge or at a reduced rate relative to the cost of manufacture. In this essay, I argue that we can explain the ubiquitous notion of a special moral obligation as an expression of emotionally charged intuitions involving sacred or protected values and an aversive response to betrayal in an asymmetric trust relationship. I then review the most common arguments used (...) to justify the claim that the pharmaceutical industry has a special moral obligation and show why these justifications fail. Taken together, these conclusions call into question the conventional ideologies that have traditionally animated the debate on whether the pharmaceutical industry has special duties of beneficence and distributive justice with respect to the impoverished in dire need of their products. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

Philosophical anarchists have made their living criticizing theories of state legitimacy and the duty to obey the law. The most prominent theories of state legitimacy have been called into doubt by the anarchists' insistence that citizens' lack of consent to the state renders the whole justificatory enterprise futile. Autonomy requires consent, they argue, and justification must respect autonomy. In this essay, I want to call into question the weight of consent in protecting our capacity for autonomy. I argue that if (...) we care about all of the preconditions for autonomy, then we have good reasons to leave the state of nature. This leaves the philosophical anarchist with a dilemma. If she truly cares about autonomy, then she must welcome the state. But if she wants to deny the legitimacy of the state because of the value of consent, then she needs to downplay the moral significance of autonomy in people's lives. If autonomy matters, the state does too. If it doesn't, then consent doesn't. The philosophical anarchist can't have it both ways. (shrink)

Este trabajo intenta analizar las tensiones e interrelaciones entre el paradigma del reconocimiento y el paradigma de la redistribución. En concreto se analiza críticamente la obra de Nancy Frazer. En este sentido, se propone el paradigma de la inclusión, para un tercer ámbito, el de la política. Este paradigma se basaría en el ideal de la igual dignidad y la tricotomía inclusión/exclusión/participación. También se plantean reservas a la noción de paridad participativa, que según Fraser, hace conmensurables todas las demandas de (...) justicia. La conclusión es que redistribución y reconocimiento son irreductibles, están interrelacionados y en tensión. Para los casos de soluciones contrapuestas, se propone la noción de inconmensurabilidad que sostienen los defensores del pluralismo de valores -Berlin,Gray-. En casos de conflicto, redistribución y reconocimiento abocarían a una respuesta similar a cómo se debería resolver un dilema. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

In current American medical practice, autonomy is assumed to be more valuable than human life: if a patient autonomously refuses lifesaving treatment, the doctors are supposed to let him die. In this paper we discuss two values that might be at stake in such clinical contexts. Usually, we hear only of autonomy and best interests. However, here, autonomy is ambiguous between two concepts—concepts that are tied to different values and to different philosophical traditions. In some cases, the two values (that (...) of agency and that of authenticity) entail different outcomes. We argue that the comparative value of these values needs to be assessed. (shrink)

Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...) turns out that some civilians lack a moral right not to be killed. Importantly, the instrumentalist account also offers what Waldron thinks impossible: a non-consequentialist defense of the failure of the laws of war to prohibit the killing of nonthreatening combatants. Finally, I argue that new war crimes can be broader than the morality of war as well as established laws of war and that many of the arguments for defining war crimes more narrowly than either the morality of war or the laws of war are unconvincing. In all of these ways, I hope to carry forward Waldron’s project of exploring the relationship between law and morality in war. (shrink)

The article distinguishes between the various arguments traditionally offered as justifications for the principle of academic freedom. Four main arguments are identified, three consequentialist in nature (the argument from truth, the democratic argument, the argument from autonomy), and one nonconsequentialist (a variant of the autonomy argument). The article also concentrates on the specific form these arguments must take in order to establish academic freedom as a principle distinct from the more general principles of freedom of expression and intellectual freedom.

Some authors have speculated about the fact that if the law were connected to morality, then it would not be relevant, because morality would be enough to regulate social life. A study of this objection to the connection thesis will be outlined in this paper. In other words, the possible answers to the question about the practical difference that law gives to morality will be analyzed. The work of the Argentine philosopher Carlos Nino will be taken as the starting point (...) for this task. (shrink)

In 2009 Dutch judges convicted several minors for theft of virtual items in the virtual worlds of online multiplayer computer games. From a legal point of view these convictions gave rise to the question whether virtual items should count as “objects” that can be “stolen” under criminal law. This legal question has both an ontological and a moral component. The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. The question whether or (...) not they should count as such under criminal law is of a moral nature. The purpose of this paper is to answer both the ontological question and the moral question underlying the legal question. (shrink)

In this paper, we give an account of some of the necessary conditions for an effectively functioning public sphere, and then explore the question of whether these conditions allow for the expression of ideas and values that are fundamentally incompatible with those of liberalism. We argue that speakers who advocate or glorify violence against democratic institutions fall outside the parameters of what constitutes legitimate public debate and may in fact undermine the conditions necessary for the flourishing of free speech and (...) public dialogue more generally. (shrink)

A liberalism of conscience incorporates both persuasion and reasoning to achieve its ends, but it does not entail guilt or bad conscience about the need to rule. Neither does the approach involve efforts to convert dissenters to some specific conception of the good. My view differs significantly from the views of John Rawls and John Locke: a liberalism of conscience is based in principles that people should accept, and which provide a firmer ground for rightful toleration. The theory is critical (...) for rethinking the nature of value-pluralism, and it is capable of uniting religious and secular parties in an affirmation of fundamental political principles. (shrink)

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

An influential view of education is that it prepares young people for adult life, usually in the areas of civic engagement, leisure and contemplation. Employment may be a locus for learning some worthwhile skills and knowledge, but it is not itself the possible locus or one of the possible loci of a worthwhile life. This article disputes that view by drawing attention to those aspects of employment that make it potentially an aspect of a worthwhile life. The exercise and development (...) of one's abilities, co-operation with others, self-discovery and the pursuit of excellence are all identified as potential components of a worthwhile life. If such an aspect of life is worth striving for then education should prepare one for it. Objections to this argument are reviewed and ultimately rejected. (shrink)

Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, requiring (...) a rethink of existing research ethics paradigms to approaches that foster advocacy research and drawing on the voices of those directly affected, including those bestowed with duty of care for this population. (shrink)

It is commonly recognized that not all actions are candidates for moral evaluation. For instance, morality is silent on the issue whether to tie one's right shoe before one's left shoe or the other way around. This shoe-tying action is not a candidate for moral appraisal. The matter is amoral, for neither alternative is morally required nor forbidden, and both are permissible. It is not commonly recognized that not all actions are candidates for prudential evaluation. I shall argue, however, that (...) there are cases of individual action over time, as well, that are aprudent in the sense that none of the alternatives under consideration are required or forbidden by prudence, but all of them are permissible. These are cases in which there is no fact of the matter as to what is the best choice for one. There are at least two such cases: first, cases in which the alternative courses of action open to one are incommensurable; and second, cases in which one's values are not yet determined and one is deciding what values to adopt, what sort of person to become, or what ideals to pursue. In these cases, prudence is silent on the question of what one ought to do. Indeed, I go on to argue prudence can even be silent on the question whether to act according to the values one currently holds or to pursue an entirely different course that will result in changes to one's values, which is the third case of aprudent choice. (shrink)

In Between Facts and Norms Habermas both accepts the place of distinctively ethical considerations about ‘the good’ in political deliberation, and advances a particular view of the nature and justification of ethical judgments. Whilst welcoming the former, this paper criticises the latter, with its focus on issues of identity and self-understanding, and suggests instead a broadly Aristotelian alternative. The argument proceeds, first, through a detailed engagement with Habermas’s theoretical claims about ethical reasoning in politics, in which it is argued that (...) he fails to show how different ethical possibilities can be critically evaluated, and second, through the analysis of a practical example, that of a political choice being made between different kinds of capitalism. Here the paper draws on recent work in comparative political economy on the institutional differences between varieties of capitalism, and uses this to contrast the implications of Habermas’s conception of ethics, according to which what would matter is the congruence between economic institutions and a political community’s historically shaped identity, with those of its preferred alternative, which requires a comparison between the different conceptions of the good that each kind of capitalism institutionally favours, and collective judgments about their respective contributions to human well-being. (shrink)

Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...) conforming to the role's defining duties: namely, the identifying agent realizes the fundamental goods of meaning and self-determination by doing so. This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing. I also argue that role-identification provides a reason that shares many of the characteristics of a moral reason, and I argue that role-identification in tandem with the principle of fair play grounds a moral duty to conform to one's role-duties. (shrink)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

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)

Are there distinctively political values? Certain egalitarians seem to think that equality is one such value. Scheffler 's contribution to the symposium seeks to articulate a division of moral labour between norms of personal morality and the principles of justice that regulate social institutions, and using this suggests that the egalitarian critique of Rawls can be deflected. In this paper, instead, I question the status of equality as an intrinsic value. I argue that an egalitarianism which focuses on the status (...) of equality as valuable in itself embraces a theory of value with the worst elements of utilitarianism while leaving behind any of the intuitive appeal that utilitarianism has. In its place I press that we need a political conception of egalitarianism which stresses the role of equality as a political ideal without presupposing any values with which we engage beyond those found in the norms of personal morality. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

ABSTRACTSerene Khader and Rosa Terlazzo have each recently proposed theories of adaptive preferences which purport to both respect persons’ agency and provide an effective political tool. While Khader and Terlazzo thus share a similar goal, they take fundamentally different paths in its pursuit: Khader offers a perfectionist account of APs and Terlazzo an autonomy-based theory. In this paper, I argue first that if it is to adequately respect persons’ agency, a theory of APs should in some way include autonomy considerations. (...) If it is to provide an effective political tool, however, our theory should not be entirely autonomy-based, but include a condition addressing a preference’s compatibility with basic flourishing. The suggestion is thus that it is worth considering the possibility of a ‘mixed,’ rather than exclusively perfectionist or exclusively autonomy-based, theory of APs. I outline two such theories. The first, I argue, does quite well with respect to the political efficacy aim of AP theoriz... (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)

It has become customary in the virtue epistemological literature to distinguish between responsibilist and reliabilist virtue theories. More recently, certain problems affecting the former have prompted epistemologists to suggest that this distinction in virtue theory maps on to a distinction in virtue, specifically between character and faculty virtue. I argue that we lack good reason to bifurcate virtue in this manner, and that this moreover counts in favor of the virtue reliabilist.

This article considers the sort of diversity in perspective appropriate for a presidential commission on bioethics, and by implication, high-level governmental commissions on ethics more generally. It takes as its point of comparison the respective reports on human cloning produced by the National Bioethics Advisory Commission, appointed by President Bill Clinton, and George W. Bush's President's Council on Bioethics, under the leadership of its original chair, Leon Kass. I argue that the Clinton Commission Report exemplifies forensic diversity (the type of (...) diversity between contesting parties in a legal case), while the Kass Council Report exemplifies academic diversity (the diversity found in a medieval disputatio). Drawing upon Thomas Aquinas, I argue that the type of diversity most appropriate for such advisory bodies is deliberative diversity, which facilitates the President's process of taking counsel. After considering their respective charges, I suggest that neither the Clinton Commission nor the Kass Council possessed an adequate degree of deliberative diversity for their respective tasks. (shrink)

The aim of this paper is to determine whether the present generation should preserve non-human living things for future generations, even if in the future all the contributions these organisms currently make to human survival in decent conditions were performed by adequate technology and future people's preferences were satisfied by this state of affairs. The paper argues it would be wrong to leave a world without non-human living plants, animals and other organisms to future generations, because such a world would (...) fail to secure one of the conditions of future people’s autonomy, that is, availability of adequate options. Building upon Joseph Raz’s account of autonomy, the paper shows that the presence of non-human living organisms is part of an adequate range of options insofar as, to be adequate, options must meet a test of variety. According to Raz, options pass this test if they enable human agents to exercise a set of physical, affective, imaginative and cognitive capacities humans normally have an innate drive to exercise. The paper discusses empirical findings as well as psychological theories that provide support to the hypothesis that interactions with non-human living organisms enable human beings to develop and exercise these capacities by shaping these capacities in a special way, different from the way interactions with other environments do. (shrink)

In trying to enhance, improve or perfect ourselves through technological intervention, we can risk the very idea of a practical identity and self-possession. In thinking of the enhancement, improvement or perfection of the body through technological interventions, we ought to acknowledge limits in our outlook at least as seriously as we enjoy the considerable advances offered by technology in general. In postulating the chance of enhancement, improvement and perfection it is important to think about the distinction between what we can (...) and what we ought to do. In terms of scientific advance, this is not necessarily reflected clearly – it is often the case that scientific advance per se is taken to be ‘‘progress.’’ Progress in scientific research isn’t an easy notion in itself. Human progress, in being highly open to nuance and value, draws upon evaluation across a range of validity spheres. In tying a too-uncomplicated notion of scientific progress to the issue of human progress, there is a risk that we evaluate too narrowly our chances and our options. (shrink)