One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We (...) examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources. (shrink)

There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...) manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. (shrink)

With the rapid advance of bio-genetic technology, it will soon be possible for parents to design children who are born with certain genetic traits. This raises the question whether parents should be allowed to use this technology to engineer their children as they please. In this context it is often thought and argued that liberalism, which has a reputation for being permissive of all kinds of practices, grants parents the right to do so. However, I will argue that, on an (...) understanding of liberalism that is identical to the one used by the defenders of genetic design, liberals should wary of such practices. Liberalism, in its most general form, requires that any time individuals exercise power over others they justify it without relying on any particular conception of what a good life is. When we design children to have certain traits that are only useful for realising some conceptions of the good life, we are implicitly endorsing those conceptions. Hence this practice cannot be justified in neutral terms, and liberals should be sceptical of it. Only when we engineer our children to have traits that are useful for all conceptions of the good life can liberals allow the use of this new technology. Indeed, liberalism holds that this is morally required. (shrink)

Associamos questões de responsabilidade ao que julgamos deveres ou obrigações que cada um tem para com os demais. Dentre essas obrigações há as que expressam deveres estritos. Mas como nem todos “deveres morais” expressam deveres em sentido estrito, é comum atribuirmos responsabilidade moral para além daquilo a que estamos estritamente obrigados. Não é incomum afi rmar que alguém deveria ter feito ou deixado de fazer algo, mesmo se ele não tinha a obrigação estrita de fazê-lo ou deixar de fazê-lo. Mas (...) como poderíamos “culpar” ou “condenar” moralmente alguém se ele não tinha a obrigação estrita de fazê-lo? É que o escopo de nossas avaliações “morais”, sendo amplo, comporta tipos diversos de “demandas”, o mesmo devendo valer para nossas “atitudes reativas”, tais como o ressentimento e seus análogos vicários, como a indignação. Porém, reações como o ressentimento e a indignação não podem ser reações genéricas à má vontade, à indiferença ou à falta de consideração, mas reações “apropriadas”a injustiças. Se alguém devia fazer algo, porém não estava efetivamente submetido ao dever estrito de fazê-lo, indignar-se é reagir exageradamente, muito além do que é contextualmente apropriado. Afinal, o modo como reagimos moralmente de forma apropriada não pode estar completamente dissociado do modo como interpretamos certos fatos. Neste ensaio, pretendo examinar o conceito de “responsabilidade moral”. Tratarei do problema das atribuições de responsabilidades e dos juízos de responsabilidade que Thomas Scanlon chamou apropriadamente de juízos de “responsabilidade substantiva.” Defenderei que há ações moralmente razoáveis, e até mesmo, em algum sentido, moralmente “requeridas”, porém sob circunstâncias que não pressupõem qualquer submissão do agente a algum dever em sentido estrito . Para tanto, revisarei o conhecido problema do trólei desgovernado e os problemas concernentes ao princípio do duplo-efeito. Veremos que é possível avaliar as ações de alguém sem atribuir-lhe responsabilidade substantiva por suas decisões corretas ou incorretas. Se eu estiver correto, conclusões práticas sobre a razoabilidade de certas ações não pressupõem necessariamente que seus agentes estejam submetidos previamente a quaisquer responsabilidades em termos substantivos. Sendo assim, as teorias tradicionais sobre a responsabilidade moral deveriam ser revisadas, assim como certas noções em psicologia moral acerca de que atitudes reativas são moralmente apropriadas.Questions of responsibility are associated to what we judge we owe to each other. Among these “duties” there are obligations that express strict duties . But since not all “moral oughts” express duties in the strict sense, it is also common to attribute responsibilities beyond what we consider a duty or an obligation in the strict sense. It is not unusual to assert that one should have to do or not to do something even if they didn’t have a strict obligation of doing or not doing that. But how could we morally “blame” or “condemn” someone if they didn’t have a strict obligation of doing something? As a matter of fact, the scope of our “moral” evaluations, being large, comprehends several types of “demands”, and the same should be applied to our “reactive attitudes”, like resentment, and their vicarious analogous, like indignation. But reactions like resentment and indignation cannot be generic reactions to unwillingness, to indifference, or want of consideration, but appropriated reactions to injustices. If a person should do something, but he was not actually submitted to the strict duty of doing so, then indignation is an exaggerated reaction beyond of what is contextually appropriated. After all the way we appropriately morally react cannot be completely disassociated with the way we interpret some facts. In this paper I will investigate the concept of “moral responsibility”. I will deal with problems of attributions of responsibilities and judgments of responsibility that Thomas Scanlon appropriately called judgments of substantive responsibility. My thesis will be that there are morally reasonable actions, and, at least in some sense, morally “required” actions, that don’t presuppose under some circumstances any submission of the agent to some duty in a strict sense . In this connection, I will reexamine the famous trolley problem and correlated problems on the principle of the double-effect. We will see that it is possible to evaluate someone actions without attributing substantive responsibility for his right or wrong decisions. If I am right, practical conclusions on the reasonability of certain actions don’t necessarily presuppose that their agents are previously submitted to whatever responsibilities in substantive terms. In such case, traditional theories on moral responsibilities have to be revised, as well as certain notions in moral psychology about what reactive attitudes are morally appropriated. (shrink)

Some theorists have argued recently that Berlinian value pluralism points not to liberalism, as Berlin supposed, but, in effect, to some form of communitarianism. To what extent is this true, and, to the extent that it is true, what kind of communitarianism fits best with the pluralist outlook? I argue that pluralists should acknowledge community as an important source of value and as a substantial value in itself, but they should also be prepared to question traditions and to respect values (...) other than community. In particular, pluralism points to personal autonomy as playing a special role when we must choose among incommensurable goods in conflict. Consequently, the pluralist outlook is at odds with conservative communitarianisms that tend to place existing traditions beyond question, and with radical variants of communitarianism, such as Marxism and classical anarchism, which look forward to future communities in which the need to cope with hard public choices has largely been eliminated. Rather, Berlinian pluralism fits best with a liberal or moderate kind of communitarianism that balances community with other goods, especially personal autonomy. (shrink)

Over the past 15 years, a great deal of efforts have been done by political philosophers to make liberal political theory more sensitive to the importance culture has for individuals, and to think about how to translate this importance into laws and policies, in particular those affecting cultural and national minorities. However, one of the outstanding issues is whether and how an appropriate account of the worth of culture can be provided from a liberal point of view. The most important (...) and currently discussed liberal defence of the worth of culture is probably expressed in Will Kymlicka's theory of minority rights. Such a defence argues for the instrumental role culture plays in people's ability to make meaningful choices and lead a self-directed existence. This paper seeks to show that Kymlicka's instrumental account of the worth of cultures is non-viable, and that a liberal conception of culture viewed as intrinsically valuable is indispensable. While each of them recognizes individual autonomy as an intrinsically valuable good, it is demonstrated that both differ not only as to the role culture has to play in a self-directed existence, but also as to why cultures deserve to be protected and as to their policies towards non-liberal minority cultures. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

The question raised in this paper is whether legal rights to vote are also moral rights to vote. The challenge to the justification of a moral right to vote is that it is not clear that the vote is instrumental to the preservation of some critical interest of the voter. Because a single vote has ‘no impact’ on electoral outcomes, the right to vote is unlikely to serve the interests of the individual. The account developed in this paper holds that (...) moral voting rights can be justified once we acknowledge that voting by a sub-set of citizens is among the necessary preconditions for democratic institutions making a significant difference to their collective interests. The justification of a moral right to vote does not, then, apply to each individual citizen but only to a sub-set of them. In order to justify inclusive moral voting rights, the further consideration must be added that individuals have critical interests in public recognition of equal status. An inclusive moral right to vote accordingly depends on both collective interest in the outcomes of democratic institutions and on individual interest in equal recognition. (shrink)

State-sponsored breastfeeding promotion campaigns have become increasingly common in developed countries. In this article, by using the tools of liberal political theory, as well as public health and health promotion ethics, we argue that such campaigns are not justified. They ignore important costs for women, including undermining autonomy, fail to distribute burdens fairly, cannot be justified neutrally and fail a basic efficacy test. Moreover, our argument demonstrates that breastfeeding campaigns are a rare case that bridges the fields of public health (...) ethics and the ethics of health promotion campaigns. This demonstrates the need to consider the ethics of state promotion of both voluntary and coercive behavioural change that benefits third parties. (shrink)

Most versions of utilitarianism depend on the plausibility and coherence of some conceptionof maximizing well-being, but these conceptions have been attacked on various grounds. This paper considers two such contentions. First, it addresses the argument that because goods are plural and incommensurable, maximization is incoherent. It is shown that any conception of incommensurability strong enough to show the incoherence of maximization leads to an intolerable paradox. Several misunderstandings of what maximization requires are also addressed. Second, this paper responds to the (...) argument that rationality is not a matter of maximizing, but of expressing proper attitudes. This ‘expressivist’ position is first explicated through the elaboration of several paradoxes. It is then shown how, through an application of economic and strategic thinking, these paradoxes can be dissolved. The paper then concludes with some reflections on the indispensability of calculation for moral and prudential reasoning. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...) the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality based simply on (...) the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (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)

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)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...) more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project. (shrink)

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)

This paper argues that egalitarianism, in itself and as a basis for educational policy, is unacceptable. Three recent defences of it are examined and rejected. Three anti-egalitarian positions, however, all of which stress sufficiency rather than equality, pass muster. Educational implications are followed through, with reference to mixed ability grouping, selection, equal opportunities in education and conflicting views about the minimum content of a common school curriculum.

Governments around the world collect huge amounts of personal data from their citizens for counterterrorist purposes. While mining this data has arguably increased the security of populations, the practices through which these data are currently collected in many countries have been criticised for violating individuals’ rights to privacy. Yet it is not clear what a permissible data collection regime would look like and thus also how we could reform existing regimes to make them morally acceptable. This article explores a number (...) of ways in which we might justify a data collection regime to those affected in spite of the setbacks to their privacy. In contrast to existing justifications, I argue that individuals can be asked to surrender their personal data as a requirement of reciprocity in a cooperative system in which they gain security from others doing likewise. Relying on this justification, though, has significant implications for how we should reform existing data collection regimes. In particular, more stringent limits will need to be placed on the forms which these regimes can legitimately take. (shrink)

Yael Tamir; Whose Education Is It Anyẃay?, Journal of Philosophy of Education, Volume 24, Issue 2, 30 May 2006, Pages 161–170, https://doi.org/10.1111/j.1467-97.

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic self-determination as (...) part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

A recurring claim in a number of behavioural, cognitive and neuro-scientific literatures is that there is, or must be, a unidimensional ‘common currency’ in which the values of different available options are represented. There is striking variety in the quantities or properties that have been proposed as determinants of the ordering in motivational strength. Among those seriously suggested are pain and pleasure, biological fitness, reward and reinforcement, and utility among economists, who have regimented the notion of utility in a variety (...) of ways, some of them incompatible. This topic deserves philosophical attention for at least the following reasons. Repeated invocation of the ‘common currency’ idiom isn’t merely terminological coincidence because most of the claims are competing explanations either of manifest pattern in choices, or of order in the processes producing choice. We can’t suppose that the different currency claims within each area are compatible, because there are significant obstacles to identifying pairs of members of either the ‘pattern’ or ‘process’ group. There are, finally, seriously opposed positions about the relationships between the pattern facts and the process facts. There are philosophical positions both favouring and opposing a common currency. But direct consideration of the abstract relationships between claims about common currencies across scientific settings, and the arguments for and against these claims, is relatively rare. There is, though, much of philosophical interest to be found here. (shrink)

If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: those in which V is not harmed but she mistakenly believes that she is those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and (...) The Mixed View. The Objective View holds that V’s claim depends on the correct account of harm, rather than her false beliefs, and so D has a duty to offer damages to V in but not in in order to compensate her. The Subjective View holds that, for broadly anti-perfectionist reasons, V’s claim depends on her sincere beliefs, even if they are mistaken, and so D has a duty to compensate V in but not in. The Mixed View holds that we should defer to her beliefs in but not in, so D has a duty to compensate her in both cases. In this article, I argue that we should accept The Mixed View. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense can (...) inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency and not equality. (...) The paper then argues this commitment has at least three attractive implications. Firstly, it enables defenders of Fair Equality of Opportunity to overcome Richard Arneson's powerful objections. Secondly, it suggests a revised version of the principle of Fair Equality of Opportunity that is more plausible. Thirdly, it has attractive practical implications for educational provision. (shrink)

In the late twentieth century the United States experienced a wave of cases concerning compelled obstetric interventions, cases which attracted much legal and philosophical interest. Behind and alongside them, however, lies a little known strand of authorities which concerns a parent wishing to refuse life-sustaining treatment and a hospital seeking to prevent this on the basis of the State's interest in protecting innocent third parties, usually the patient's dependent minor children. This issue appears to be unique to the United States. (...) Although the leading case in point was influential in cases concerning compelled obstetric intervention, it has received little examination in its own right. This is a shame, since it spawned an intriguing line of cases worthy of reflection today. (shrink)

Several philosophers of education argue that schooling should facilitate students’ development of autonomy. Such arguments fall into two main categories: Student-centered arguments support autonomy education to help enable students to lead good lives; Public-goods-centered arguments support autonomy education to develop students into good citizens. Critics challenge the legitimacy of autonomy education—of the state imposing a schooling curriculum aimed at making children autonomous. In this paper, I offer a unified solution to the challenges of legitimacy that both arguments for autonomy education (...) face. I first defend a particular construal of liberal legitimacy, and then consider each legitimacy challenge in light of that construal. I argue that the legitimacy challenges confronting both types of argument can be overcome. Further, I explain why we should pursue both arguments, rather than resting the entire case for autonomy education on one or the other. I conclude that each argument—if it can justify autonomy education at all—can justify autonomy education consistent with the requirements of liberal democratic legitimacy. (shrink)

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about (...) mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense. (shrink)

In this article I argue that it does not make sense – either empirically or normatively – to speak of ‘authentic’ cultures. All we need when talking about cultures is a relatively weak concept that still carries enough normative weight to function as the meaningful background of a person’s identity, autonomy and good life. Discussing the authentic culture, I refer to the debates around the German Leitkultur as well as the Dutch populist movement as examples. However, I am interested not (...) only in the concept of the authenticity of a culture but also in the concept of the authenticity of persons: if an ‘authentic culture’ is not feasible, does this have repercussions on the concept of the autonomy and authenticity of persons? In suggesting that this might be the case, I argue that persons can be autonomous without always being fully authentic. (shrink)

In light of the variety of uses of the term autonomy in recent bioethics literature, in this paper, I suggest that competence, not being as contested, is better placed to play the anti-paternalistic role currently assigned to autonomy. The demonstration of competence, I will argue, can provide individuals with robust spheres of non-interference in which they can pursue their lives in accordance with their own values. This protection from paternalism is achieved by granting individuals rights to non-interference upon demonstration of (...) competence. In this paper, I present a risk-sensitive account of competence as a means of grounding rights to non-interference. On a risk-sensitive account of competence individuals demonstrate their competence by exercising three capacities to the extent necessary to meet a threshold determined by the riskiness of the decision. These three capacities are the capacity to acquire knowledge, use instrumental rationality, and form and revise a life plan. (shrink)

This article challenges the view permeating much philosophical thought that the primacy of individual rights represents the individual's standpoint against the public good or against the requirements of others generally. The author explicates the underlying features of our common culture contending that the conflict between individual and general good as being central to rights misconstrues the surface features of rights. The range and nature of common goods determine the options available to individuals and define their well‐being. The relative absence of (...) conflict of interests and the background of a common tradition make the courts a suitable forum for the conduct of this branch of politics. (shrink)

Rawls's burdens of judgment are a list of factors that explain why reasonable persons in a diverse society are likely to hold different, often incompatible, conceptions of the good. According to Charles Larmore, the burdens of judgment satisfy political liberalism's ambition of supporting liberal political principles through a minimalist moral conception. By using the burdens, we ground liberal politics in the modest notion of reasonable disagreement, avoiding reliance on controversial comprehensive notions such as autonomy, individuality, skepticism about the good, or (...) value pluralism. In this paper I argue that the burdens of judgment cannot provide adequate support for liberal political principles unless they are read in a way that comports with Kymlicka's modest version of autonomy liberalism. As it renounces fallibilism, political liberalism's moral minimalism can be manipulated in a way that reconciles it with decidedly illiberal results. The only way to avoid this problem is to recognize that the justification of liberal principles cannot be detached from notions of fallibilism and critical reflection about the good. Ultimately, political liberalism's emphasis on moral minimalism deprives it of the conceptual resources it needs to deal with contemporary controversies concerning the defence and clarification of liberal policies. (shrink)

This paper deploys elements of the philosophy of information in order to explore ideas of dialogical governance. Dialogue in the governance of contentious issues is at least partly a response to the recognition of pluralism among perspectives on various issues. This recognition is prevalent in the context of European governance. However, it is a first step to a better understanding of diverging opinion, rather than an end point. This paper argues that the PoI offers a fruitful path to follow up (...) this first step. Specifically, PoI provides epistemological tools that can be used to clarify the meanings of terms and relevance of perspectives at issue in dialogical scenarios. Importantly, this approach revises the enlightenment view of the individual, offering a more nuanced and ultimately more accurate view of the self as internally complex. This represents a step beyond the status quo wherein these things are taken as unproblematic. This paper argues that PoI’s resources ought to feature as a methodological background to a reinvigorated dialogical governance paradigm. This method and these resources can inform an improved view of dialogical governance in Europe and, in their generality, beyond. (shrink)

Half of the working poor in developing countries are informal entrepreneurs – they make a living by engaging in commercial activities in the shadow economy. A series of government and market failur...

In this paper I will introduce a practical explication for the notion of expertise. At first, I motivate this attempt by taking a look on recent debates which display great disagreement about whether and how to define expertise in the first place. After that I will introduce the methodology of practical explications in the spirit of Edward Craig’s Knowledge and the state of nature along with some conditions of adequacy taken from ordinary and scientific language. This eventually culminates in the (...) respective explication of expertise according to which this term essentially refers to a certain kind of service-relation. This is why expertise should be considered as a predominantly social kind. This article will end up with a discussion of advantages and prima facie plausible objections against my account of expertise. (shrink)

Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) the constituency of justification is not, as is standardly assumed, that they are the kind of societies that ought to be tolerated in that way on some prior conception of which kinds of societies ought to be tolerated in that way. The real explanation appeals to a methodological principle underlying Rawls’s approach to political justification, according to which liberals owe justification, as a matter of liberal principle, to those who comply with liberal principles for political institutions that apply to them. If such liberal principles can be complied with by agents who nevertheless cannot accept fully liberal justifications for those principles, then liberalism itself requires liberals to seek justifications which they can accept. This approach gives us a new way to view decent peoples: as just such agents, who are therefore owed a justification for the Law of Peoples that they can accept. Decency is thus a concept that is internal to liberal political justification at the international level. Reading Rawls in this way permits a coherent and attractive defence of his strategy of toleration and of his international theory as a whole. (shrink)

This paper aims to explore and examine the implied commitment to the premises of recognition in Rawls’s account of redistributive justice. It attempts to find out whether or not recognition relations that produce humiliation and cultural injustice can be followed to their logical conclusion in his theory of redistribution. This paper makes two claims. Firstly, although Rawls does not disregard the harms of misrecognition as demonstrated in his notion of self-respect being the most important primary good, he cannot liberally accommodate (...) the idea of humiliation as a case of injustice without compromising the basic premises of his theory. Secondly, while resource distribution produces indirect side effects that can impact upon cultural injustice, addressing recognition issues through the prism of redistribution can inadvertently result in further misrecognition. The paper concludes that in the final analysis Rawls wrongly takes redistribution as the overarching principle of justice to which recognition is but a subservient principle. (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three features that (...) positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)