Reading Foucault’s work on power and subjectivity alongside “developmentalist” approaches to evolutionary biology, this article endorses poststructuralist critiques of political ideals grounded in the value of subjective agency. Many political theorists embrace such critiques, of course, but those who do are often skeptical of liberal democracy, and even of normative theory itself. By contrast, those who are left to theorize liberal democracy tend to reject or ignore poststructuralist insights, and have continued to employ dubious ontological assumptions regarding human agents. Against (...) both groups, I argue that Foucault’s poststructuralism must be taken seriously, but that it is ultimately consistent with normative theory and liberal democracy. Linking poststructuralist attempts to transcend the dichotomy between agency and structure with recent efforts by evolutionary theorists to dissolve a similarly stubborn opposition between nature and nurture, I develop an anti-essentialist account of human nature and agency that vindicates poststructuralist criticism while enabling a novel defense of liberal democracy. (shrink)

The paper understands the rise of ethical codes and professional ethics from the point of view of their contribution to the formation of a democratic citizenship. Various aspects of professional ethics are analyzed from the perspective of an agent-based ethics for which goods, norms and virtues are complementary factors for intelligence and individual judgment development. Through a conception of democracy understood as a way of life, professional ethics acquire a renewed meaning as a central element for individual self-realization and social (...) emancipation. In short, under the label of democratic professionalism, and following Dewey’s moral and political philosophy, it is shown that professional ethics are more than a field of application, a constituent element of a civic ethic within the framework of a democratic society. (shrink)

In Reasons and Persons, Derek Parfit cannot find a theory of well-being that solves the Non-Identity Problem, the Repugnant Conclusion, the Absurd Conclusion, and all forms of the Mere Addition Paradox. I describe a “Quasi-Maximizing” theory that solves them. This theory includes (i) the denial that being better than is transitive and (ii) the “Conflation Principle,” according to which alternative B is hedonically better than alternative C if it would be better for someone to have all the B-experiences. (i) entails (...) that Quasi-Maximization is not a maximizing theory, but (ii) ensures that its evaluations will often coincide with such theories. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...) the illustrative case of treating animals in a demeaning yet harmless way that would be disrespectful if humans were concerned. I discuss whether such actions are permissible or unjustifiably discriminatory from a moral point of view. I conclude that moral agents cannot directly wrong animals without harming them and thus do not owe it to a particular animal to refrain from such actions. However, if the actions increase the likelihood that animal abuse will occur, this presents a strong indirect reason against performing them. Thus, the reasons for refraining from such actions are merely indirect rather than direct. (shrink)

Definition of the problem: Contemporary bioethics as an academic discipline mainly focuses on moral questions – according to its articulated self-concept and the explicit arguments in most areas of bioethical reflection. Concepts and theories of the good life are hardly considered. Arguments: In reality the ‘good life’ plays a much more important role than it is assumed, but mostly only in an implicit way. The article demonstrates this by referencing three selected fields of bioethical discussion. Hence the article argues that (...) bioethics should turn the ‘good life’ into an issue of intense, explicit and systematic consideration. Furthermore, the article provides an initial answer to the questions as to why the ‘good life’ has been marginalized within bioethics up to this point and which function it can assume in future bioethical reflection. Conclusion: The ‘good life’ is the blind spot of bioethics. A more intensive and systematic consideration of the ‘good life’ is a challenge for contemporary and future bioethics. (shrink)