Much philosophical work has examined both imperatival and non-imperatival forms of address that aim to motivate others to action. But one such kind of address has received relatively little attention: begging. This is partly surprising as begging, both as an individual act and as a widespread social practice, raises acute, yet difficult to articulate, moral and political concerns. In this paper, I identify a central form of the phenomenon which constitutively involves communicating one’s relative powerlessness as a means of motivating (...) one’s target to act. I argue that this form of begging is present in a number of cases that animate many of our pre-theoretic normative worries about begging. I argue that when begging of this kind is bad for the beggar herself, this is so because either (i) the invoked powerlessness is bad for the beggar and thereby gives the action a negative evaluative meaning, or (ii) the invoked powerlessness is good/neutral, but the act of begging precludes or replaces valuable ways of interacting that the parties have reasons to care about in the context. In a slogan, the badness of begging revolves around power and helplessness. (shrink)

Coercion is morally objectionable: it’s bad to be coerced and it’s wrong to coerce people. But why is coercion objectionable? In this paper, I advance an egalitarian account of what’s objectionable about coercion. The account is rooted in the idea that certain relationships, like those of master to slave and lord to peasant, are relationships of subordination or domination. These relationships are morally objectionable. Moreover, such relationships are in part constituted by asymmetries of power. A master subordinates a slave because (...) the master has more power over the slave than vice versa. The account says that coercion is objectionable because it creates such asymmetries of power, and so creates relationships of subordination. I show how this account can address its most serious problems, and how it can illuminate what’s wrong with blackmail, exploitation, withholding aid, and compulsion. (shrink)

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...) as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This article develops a liberal theory of the virtues in business. I first articulate two key liberal values embodied within market society: self-authorship and mutual benefit. Self-authorship is a mode of autonomy given expression through the effective exercise of economic liberties. Mutual benefit involves the intentional pursuit of the well-being of one’s transaction partners within economic exchange. These values are uniquely realized, I argue, within business, conceptualized as a distinct, firm-level, social practice. More specifically, individuals realize self-authorship by purposively integrating (...) cospecialized resources, forms of knowledge, and business functions to facilitate mutually beneficial transactions. Through their commitment to mutual benefit, businesspersons establish ongoing, cooperative relationships with customers, members of other firms, and various stakeholders more generally. These relationships are constitutive of a distinct liberal notion of the common good. The practice of business and the common good in a market society are sustained by a range of individual-level virtues. I recount these virtues and, before concluding, discuss several other theoretical implications of this account. (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 paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better job (...) incorporating the importance of relationships. I also defend the epistemic account from three objections: that requests are important because they constitute consent, that requests and wishes must be normatively different, and that some requests do not provide any new information. (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)

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (shrink)

Especially but not exclusively in the United States, there is a significant gulf between expert opinion and public opinion on a range of important political, social, and scientific issues. Large numbers of lay people hold views contrary to the expert consensus on topics such as climate change, vaccines, and economics. Much political commentary assumes that ordinary people should defer to experts more than they do, and this view is certainly lent force by the literally deadly effects of many denials of (...) established science. But there are complex philosophical issues here, concerning, among other things, (i) what an expert is; (ii) what kind of deference is called for; (iii) and when deference is called for. This entry gives an overview of these three issues and recent work on them. It then examines some potential collective and pragmatic disadvantages of deference, before concluding with reflections on what we can say to those who distrust experts. (shrink)

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

Nudging works through dispositions to decide with specific heuristics, and has three component parts. A nudge is a feature of an environment that enables such a disposition; a person is nudged when such a disposition is triggered; and a person performs a nudged action when such a disposition manifests in action. This analysis clarifies an autonomy-based worry about nudging as used in public policy or for private profit: that a person’s ability to reason well is undermined when she is nudged. (...) Reasoning well is a component of self-guidance, which is an aspect of autonomy and so something there is reason to promote, preserve, or respect. However, a person can reason well when she is nudged: Many of these heuristics are good rules to reason with, and she can be flexible with respect to them when she takes there to be a better way to reason. Along the way, this paper uncovers several design specifications for responsible nudging, and discusses open empirical questions. However, nudging’s being compatible with reasoning well crystallizes a distinct worry about manipulation: that nudge designers can rely on nudged people guiding themselves toward the designers’ own ends. Manipulation of this sort exploits one aspect of autonomy (namely, self-guidance) to undermine autonomy in other respects. (shrink)

This handbook article gives a critical overview of recent discussions of epistemic authority. It favors an account that brings into balance the dictates of rational deference with the ideals of intellectual self-governance. A plausible starting point is the conjecture that neither should rational deference to authorities collapse into total epistemic submission, nor the ideal of mature intellectual self-governance be conflated with (illusions of) epistemic autarky.

The partiality we display, in so far as we form and sustain personal attachments, is not normatively fundamental. It is a by-product of the deference and responsiveness that are essential to our engagement with the world. We cannot form and sustain valuable personal relationships without seeing ourselves as answerable to the other participants in those relationships. And we cannot develop and sustain valuable projects without responding to the constraints imposed on our activities by the nature and requirements of those projects (...) themselves. More generally, we cannot engage with the world without responding differentially—or displaying partiality—with respect to the objects of our engagement. Partiality is thus a by-product of engagement. We cannot engage with the world at all without exhibiting forms of partiality. (shrink)

¿Puede la tesis del reemplazo de Raz sobrevivir en el contexto de una teoría dworkiniana del derecho y de la adjudicación? Judging Positivism, de Margaret Martin, fornece una de las mejores reconstrucciones y una de las más interesantes críticas ya planteadas contra la influyente filosofía del derecho de Joseph Raz. En uno de los pasos centrales de su argumento, Martin desafía una sumisión central de Raz, que es el intento de combinar la tesis del reemplazo con la tesis de la (...) justificación normal. Mientras la primera exige que ciudadanos y oficiales excluyan de la deliberación cualesquiera razones de primer orden para la acción, la ultima invita consideraciones sobre legitimidad que no se puede examinar con independencia de las razones de primer orden que la tesis del remplazo pretende excluir. En este comentario crítico, yo acepto la crítica de Martin según la cual esas dos tesis no pueden ser aceptadas como argumentos conceptuales. Sin embargo, sugiero que aún existe un espacio para armonizarlas si se las acepta por razones normativas. Si hay un buen argumento para tratar razones jurídicas como un nivel intermedio de razones para la acción, entonces puede haber buenos argumentos circunstanciales para tratar razones institucionales como remplazantes en el sentido que Raz defiende en su teoría del derecho. (shrink)

Are we being manipulated online? If so, is being manipulated by online technologies and algorithmic systems notably different from human forms of manipulation? And what is under threat exactly when people are manipulated online? This volume provides philosophical and conceptual depth to debates in digital ethics about online manipulation. The contributions explore the ramifications of our increasingly consequential interactions with online technologies such as online recommender systems, social media, user-friendly design, micro-targeting, default-settings, gamification, and real-time profiling. The authors in this (...) volume address four broad and interconnected themes: • What is the conceptual nature of online manipulation? And how, methodologically, should the concept be defined? • Does online manipulation threaten autonomy, freedom, and meaning in life, and if so, how? • What are the epistemic, affective, and political harms and risks associated with online manipulation? • What are legal and regulatory perspectives on online manipulation? The Philosophy of Online Manipulation brings these various considerations together to offer philosophically robust answers to critical questions concerning our online interactions with one another and with autonomous systems. It will be of interest to researchers and advanced students working in moral philosophy, digital ethics, philosophy of technology, and the ethics of manipulation. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

Philosophy Compass, Volume 17, Issue 5, May 2022.

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Journal of Political Philosophy, EarlyView.

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work in (...) political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

Despite the prominence of thresholds and limits in theories of distributive justice, there is no general account of their role within such theories. This has allowed an ongoing lack of clarity and misunderstanding around threshold views in distributive justice. In this thesis, I develop an account of the conceptual structure of such views. Such an account helps understand and characterize threshold views, can subsume what may seem to be different debates about such views under one conceptual header, and can be (...) used to further examine and develop patterns of justice that draw on thresholds. In light of this account, I propose a novel characterization of sufficientarianism which sheds new light on the distinctiveness of sufficientarianism as a distributive principle and on the common objections to sufficientarianism. Moreover, I examine and defend limitarianism, which is the view that people should not have more than a certain amount of wealth. In particular, I argue in favour of limitarianism as a midlevel principle for guiding institutional design and individual actions and, furthermore, as a specification of what a just allocation of wealth requires under epistemic constraints. (shrink)

In this article, I propose a novel characterization of sufficientarianism. I argue that sufficientarianism combines three claims: a priority claim that we have non-instrumental reasons to prioritize benefits in certain ranges over benefits in other ranges; a continuum claim that at least two of those ranges are on one continuum; and a deficiency claim that the lower a range on a continuum, the more priority benefits in that range have. This characterization of sufficientarianism sheds new light on two long-standing philosophical (...) debates, namely about the distinctiveness of sufficientarianism as a distributive principle and about the common objections to sufficientarianism. (shrink)

Deceased organ donation is widely considered as a case of easy rescue―that is, a case in which A may bestow considerable benefits on B while incurring negligent costs herself. Yet, the policy implications of this observation remain unclear. Drawing on Christopher H. Wellman’s samaritan account of political obligations, the paper develops a case for a so-called opt-out system, i.e., a scheme in which people are defaulted into being donors. The proposal’s key idea is that we may arrange people’s options in (...) specific ways for the sake of others. (shrink)

Liberalism believes that individuals are endowed a priori with reason or at least agency and it is up to that reason and agency to make choices, commitments and so on. Communitarianism criticizes liberalism’s explicit and deliberate neglect of the self and insists that we attain a self and identity only through the effective recognition of significant others. However, personal autonomy does not seem to be a default position, neither reason nor community is going to provide it inevitably. Therefore, it is (...) so important to go beyond the liberal–communitarian divide. This article is analysing various proposals in this direction, asks about the place of communities and the individual in times of populism and the pandemic and provides a global perspective on the liberal–communitarian debate. (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)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (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)

This paper explores the role individual responsibility plays in contemporary political theory. It argues that the standard luck egalitarian view—the view according to which distributive justice is ensured by holding people accountable for their exercise of responsibility in the distribution of benefits and burdens—obscures the more fundamental value of being responsible. The paper, then, introduces an account of ‘self-creative responsibility’ as an alternative to the standard view and shows how central elements on which this account is founded has been prominently (...) defended in the history of Western political thought but are comparatively neglected in contemporary political theory. Relying on this account, the paper argues that society should hold persons responsible when, and only when, doing so enables them to lead responsible lives, and only on the condition that doing so does not infringe other persons’ equivalently valuable ability to lead responsible lives. The account of self-creative responsibility, the paper concludes, plausibly captures the intuitive attraction of holding responsible while respecting the value of being responsible. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (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)

This paper discusses the idea that the concept of privacy should be understood in terms of control. Three different attempts to spell out this idea will be critically discussed. The conclusion will be that the Source Control View on privacy is the most promising version of the idea that privacy is to be understood in terms of control.

Perfectionism about well-being is, at a minimum, the view that people’s lives go well when, and because they realize their capacities. It is common to link perfectionism with an idea of human essence or nature, to yield the view that what constitutes people’s well-being is the development and exercise of characteristically human capacities. The first part of this paper considers the very serious problems associated with the idea of human nature or essence, and argues that perfectionism would be more plausible (...) if it abandons reliance on it and focuses instead on the unfolding of some valuable capacities that need not be unique to, or shared by all human beings. This revised perfectionism is evaluative all the way down, pragmatic but not unprincipled, and holistic. In its second part, the paper articulates this account in terms of the dignitarian approach—the view that we have reason to organize our personal and social life in such a way that we respond appropriately to the valuable features of individuals that give rise to their dignity. Dignity is a non-conventional, normative status based on a diverse and disjunctive set of valuable capacities. The dignitarian approach helps develop, defend, and identify the implications of the revised perfectionism suggested in the previous part of the paper while also allowing us to make sense of the role of some generalizations that animated some of the plausibility of traditional perfectionism—and this without the pitfalls of reliance on an idea of human nature. On this paper’s proposed view—Dignitarian Perfectionism—human individuals’ well-being consists, at least in part, in developing and exercising the capacities at the basis of their dignity. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

Актуальність обраної теми статті зумовлена практичними та теоретичними причинами. По-перше, йдеться про важливість цілісного філософського осмислення толерантності як громадянської чесноти та сутнісної характеристики людського буття за умов євроінтеграційних прагнень України, формування вітчизняного громадянського суспільства. А, по-друге, про спробу виокремити найістотніші моделі концептуалізації ідеї толерантності в модерній та новітній філософській думці як усвідомлення неможливості толерантного, справедливого, людяного розв’язання соціальних та міжкультурних конфліктів без належної взаємної поваги, визнання гідності їх учасників. Визначення горизонтально-персональних та вертикально-інституційних вимірів толерантності, а також її морально-етичних та філософсько-антропологічних (...) складових здійснено на засадах послідовної реконструкції праць провідних як західних, переважно європейських, так і вітчизняних філософів, що уможливить розуміння перспектив подальшого дослідження толерантності в контексті проблем визнання, свободи, справедливості, довіри та співчуття. Йдеться також про важливість та плідність осмислення толерантності як засадничої цінності та чесноти вільного демократичного суспільства: в контексті деліберативної демократії (Ю. Габермас), єдності, цілісності моральних норм та персонального досвіду (М. Попович), права людей на спротив (Дж. Ролз) та розбудови «критичної теорії толерантності» (Р. Форст, О. Гьофе). На засадах проведеного у статті дослідження автор доходить висновку про такі важливі особливості сучасного існування толерантності: її трансформацію від персонального до інституційно-правового, міжнаціонального втілення; життєво-важливу необхідність доповнення її юридичних вимірів моральною цариною, коли бути нетерпимим до іншого, особливого буття поступово стає не лише незаконним, а й аморальним. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

This paper evaluates the claim that some desires provide reasons in virtue of their connection with conscious affective experiences like feelings of attraction or aversion. I clarify the nature of affective desires and several distinct ways in which affective desires might provide reasons. Against accounts proposed by Ruth Chang, Declan Smithies and Jeremy Weiss, I motivate doubts that it is the phenomenology of affective experiences that explains their normative or rational significance. I outline an alternative approach that centralises the function (...) of such experiences. (shrink)

In this article, I argue that even if we hold that at least some paternalistic behaviour is impermissible when directed towards innocent persons, in certain cases, the same behaviour is permissible when directed towards criminal offenders. I also defend the claim that in some cases it is morally preferable to behave paternalistically towards offenders as an alternative to traditional methods of punishment. I propose that the reason paternalistic behaviour is sometimes permissible towards an offender is the same reason that inflicting (...) intentional harm on an offender is permissible – namely, that it is sometimes a morally justified method of punishing an offender for his wrongdoing. (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)

ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the core of the (...) interest theory while delimiting the set of right-holders in a principled manner. The foremost explicit attempt to do this has invoked Bentham's test. Predictably, invocation of this test has come under attack, with the ultimate aim of challenging the interest theory itself. My purpose in this paper is to render Bentham's test as clearly and accurately as possible. Doing so will raise issues of modality—ultimately in rendering Bentham's test's logical form. Ultimately a core attack on Bentham's test falls away, and, to that extent, the interest theory remains standing as a promising theory of rights. (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)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)