John Christman has recently objected to substantive conceptions of autonomy on the grounds that they introduce unwanted perfectionism into political thinking. I defend substantive conceptions of autonomy against Christman’s critique on two fronts. First, I defend substantive conceptions of autonomy against the charge that their utilisation in political theory would result in the inappropriate exclusion from democratic respect of individuals in oppressive relations. Second, I defend substantive conceptions of autonomy from the charge that they fail the ‘endorsement constraint’, i.e. that (...) incorporating a substantive conception of autonomy into the concept of the person at the heart of a political theory would be alienating for citizens. (shrink)

Toleration is typically defined as follows: an agent (A), for some reason, objects to certain actions or practices of someone else (B), but has outweighing other reasons to accept these actions or practices nonetheless and, thus, refrains from interfering with or preventing B from acting accordingly, although A has the power to interfere. So understood, (mutual) toleration is taken to allow for peaceful coexistence and ideally even cooperation amongst people who disagree with each other on crucial questions on how to (...) live and what to value, which is why it has traditionally been regarded as an important part of political liberalism. An explicitly value-neutral liberal state then avoids taking sides when it comes to different and competing ways of life. However, following this idea of liberal neutrality, it has been questioned whether a value-neutral liberal state still needs toleration or is even compatible with it, for apparently neutrality leaves no more room for the objection component of toleration to take hold. In this paper, I take up this question and argue that there is, indeed, conceptual and practical room left for a value-neutral liberal state to be tolerant. Drawing on the interplay between four kinds of reasons (pragmatic, ethical, moral, and political), pragmatic and political reasons may still provide the needed evaluative and normative ground upon which the combination of objection and outweighing acceptance can be made sense of. However, the possible scope of toleration for a value-neutral liberal state is considerably limited. (shrink)

What must laypersons understand about science to allow them to make sound decisions on science-related issues? Relying on recent developments in social epistemology, this paper argues that scientific education should have the goal not of bringing laypersons' understanding of science closer to that of expert insiders, but rather of cultivating the kind of competence characteristic of “competent outsiders” (Feinstein 2011). Moreover, it argues that philosophers of science have an important role to play in attempts to promote this kind of understanding, (...) but that to successfully fulfill this role, they will have to approach central questions in the field differently. (shrink)

In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...) that is necessary and that they think is necessary to prevent the attack. The problem is that one person forfeit his right if and only if the second does not and that it appears to be impossible for both or neither to forfeit. I argue that the forfeiture theory is not falsified by this problem because the problem is equally damaging to every plausible theory of permissible defensive violence. (shrink)

W.V.Quine and Philip Kitcher have both developed naturalistic approaches to the philosophy of science which are partially based on a skeptical view about the possibility of rational inquiry into certain questions of value. Nonetheless, both Quine and Kitcher do not wish to give up on the normative dimension of the philosophy of science. I argue that Kitcher's recent argument against the specification of the goal of science in terms of truth raises a problem for Quine's account of the normative dimensions (...) of the discipline. However Kitcher's alternative suggestion, that the goal of science is to be specified in terms of an ideal democratic procedure, does not escape this problem, given Kitcher's own limited skepticism about rational inquiry into certain questions of value. (shrink)

Welfarism is the view that morality is centrally concerned with the welfare or well-being of individuals. The division between welfarist and non-welfarist approaches underlies many important disagreements in ethics, but welfarism is neither consistently defined nor well understood. I survey the philosophical work on welfarism, and I offer a suggestion about how the view can be characterized and how it can be embedded in various kinds of moral theory. I also identify welfarism's major rivals, and its major attractions and weaknesses.

It is now widely accepted that the market is superior to the state as a means of organising economic activity. But there remain a number of significant problems about the proper scope of the market domain, about the range of activities which are appropriately governed by market mechanisms and their associated forms of commercial organisation. Whilst many would agree that the market is an admirable device, provided it is ‘kept in its place’, there is much less agreement about the precise (...) location of that place, about where and on what grounds the boundaries of the market should be established. (shrink)

We can distinguish two liberal paradigms that stand in opposition to each other. Liberalism as non-domination seeks to eliminate identities resulting from domination and oppression and hindering the emancipation of individuals. Liberalism as recognition holds that ‘the idea of a human world without identities makes no sense’ (Appiah) and considers identities to have their source in individual liberty and to provide the grounds for pluralism. The two liberal paradigms come to largely different results regarding the role of the state and (...) civil society. The paradigm of non-domination tends to enforce individual rights, if necessary against a hostile cultural and religious context. The paradigm of recognition defends mostly individual liberties, if necessary at the expense of certain individual rights. Liberalism stands here in front of a major dilemma: Either it protects individual rights in the sense of freedom as non-domination, or it defends individual liberties in Isaiah Berlin's tradition of negative liberty– in too many cases and in too many parts of the world, liberalism, understood in the terms presented here, cannot have it both ways. This review article argues that the liberal paradigms of non-domination and recognition are complementary; liberalism is about both recognition and non-domination. Following policy recommendation can be drawn: (1) Democratic institutions (parliament, political parties and constitutional courts) and democratic rights (right to vote, right of assembly and freedom of speech) are most efficient in fighting domination. (2) Although social identities are not fixed and open to change, they cannot be engineered by the state or civil society organizations and grow out of some form of social consensus. (3) The consensus around identities takes place within the pluralist public and civil sphere of a community. (4) While the support in the development of individual capabilities by the state is effective against domination, also history and collective memory help to overcome the traumatic experience of domination. (5) Systemic transformation requires the support from below, notably from the civil society, and is based on individual liberties. (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)

You buy a lottery ticket and you lose. You are sorry, but you wouldn't dream of complaining. Why then do you feel entitled to complain in the following sorts of cases?

In the debate surrounding the introduction of non-invasive prenatal testing in prenatal screening programmes, the concept of routinisation is often used to refer to concerns and potential negative consequences of the test. A literature analysis shows that routinisation has many different meanings, which can be distinguished in three major versions of the concept. Each of these versions comprises several inter-related fears and concerns regarding prenatal screening and particularly regarding NIPT in three areas: informed choice, freedom to choose and consequences for (...) people with a disability. Three of the strongest arguments raised under the flag of routinisation are assessed for their validity: the threat that NIPT poses to informed choice, the potential increase in uptake of first-trimester prenatal screening and its consequences for social pressure to participate in screening or terminate affected pregnancies, and the negative consequences for disabled people. These routinisation arguments lack empirical or normative ground. However, the results of this analysis do not imply that no attention should be paid to possible problems surrounding the introduction of NIPT. At least two problems remain and should be addressed: there should be an ongoing debate about the requirements of informed choice, particularly related to an expanded scope of prenatal screening. Also, reproductive autonomy can only be achieved when expecting parents’ options are variegated, real and valuable, so that they can continue to choose whether or not to screen or to terminate a pregnancy. (shrink)

In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

Duties to oneself are allegedly incoherent: if we had duties to ourselves, we would be able to opt out of them. I argue that there is a constraint on one’s ability to release oneself from duties to oneself. The release must be autonomous in order to be normatively transformative. First, I show that the view that combines the division of the self with the second-personal characterization of morality is problematic. Second, I advance a fundamental solution to the problem of the (...) incoherence of duties to oneself, one that does not rely on any division of the self, temporal or otherwise. I build upon the prevalent idea that, in releasing others from duties, we exercise the power of consent. The transformative force of consent partly derives from our autonomy. Invoking a plausible characterization of autonomy, I argue that release from duties requires the right kind of mental state. (shrink)

Nurses’ duties and patients’ rights have been important foci in nursing. Nurses’ rights legitimate the power and responsibility of the profession. There are few published articles on this subject in the nursing science literature. This article is a theoretical examination of nurses’ rights that aims to structure (i.e. show the internal logic of) those that have been little studied. It is based on the philosophical literature and published research. Nurses’ rights can be divided into: human and civil rights, rights based (...) on health care legislation, professional rights, and earned rights. In this context, professional rights relate to nursing and also to tasks shared with other health care professions. Analyzing nurses’ rights will help to promote these rights, improve nurses’ position both nationally and internationally, and provide possibilities for enhancing patient care. (shrink)

This conference is, in part, an expression of respect for Joseph Raz and his work from which we have all learned much. I thought it apt, then, to talk about Raz's (2001) views about respect as developed in chapter four of Value, Respect, and Attachment. Raz describes his views as having a Kantian origin. This might raise the eyebrow of some neo•Kantians or anyone inclined to interpret Kant as a formalist or as a constructivist. Nevertheless, I believe that Raz's views (...) and Kant's, properly interpreted and developed, have more in common than even Raz suspects. To bring this out, I will take up three questions that Raz raises concerning Kant's doctrine. (shrink)

In the paper, I aim to reconstruct a charitable interpretation of Durkheimian utilitarianism, a normative theory of public morality proposed by well-recognised American moral psychologist – Jonathan Haidt, which might provide reasons to justify particular legal regulations and public policies. The reconstruction contains a coherent theory that includes elements of rule-utilitarianism, value pluralism, objective list theory and perfectionism, as well as references to Emile’s Durkheim views on human nature. I also compare Durkheimian utilitarianism with two similar theories – Brad Hooker’s (...) rule consequentialism and Krzysztof Saja’s institutional function consequentialism. (shrink)

John Gray, much influenced by Isaiah Berlin and building on work by the late John Rees and the late Fred Berger, has recently stated three ‘fatal’ objections which virtually all analysts seem to find persuasive against John Stuart Mill's classic doctrine of liberty. First, Gray thinks it ‘an obvious objection to Mill's project that conceptions of harm vary with competing moral outlooks, so that no Principle of Liberty whose application turns on judgements about harm can expect to resolve disputes between (...) exponents of opposed moral perspectives’. Even if we overlook Mill's strange silence in the matter and supply him with a reasonable definition of harm, it remains clear that the liberty principle ‘is not, and cannot be, the very simple principle Mill sought’. For ‘Mill's principle is in its very nature radically incomplete. It tells us what we may not do, but not what we ought to do.’ To know when liberty should in fact be restrained, ‘we must look to other principles—chiefly the Principle of Utility itself’. But if general utility alone can ‘tell us how much liberty may be given up for how much harm-prevention’, then ‘there can be no question of adherence to [an] exceptionless principle such as Mill's Principle of Liberty’. Thus, even if we believe that Mill's version of utilitarianism is coherent, his judgements about the regulation of conduct must depend on a highly complex and controversial moral doctrine. (shrink)

By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to a greater degree than (...) others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the quality, succeeds only in generating a deep tension between the absolute principle of inherent worth and the relative principle of equal worth which the absolute principle is supposed to justify. The idea that the relation of equality as such is inherently valuable independently of any other consideration is also rejected. The paper then adopts a subjectivist view of equality grounded in an antirealist perspective on value. The argument for equality follows a Rawlsian contractarian procedure but not the Rawlsians' simple assumption of equality. Equality is shown to offer a stable principle of co-operation and so is more advantageous to the subjectivist contractors than the only alternative – to each according to his relative bargaining power. However, the appeal to advantage is necessary but not sufficient. An existential commitment to co-operate on the basis of mutual respect as equals is also required. (shrink)

Conviction Narrative Theory (CNT) is a theory of choice underradical uncertainty– situations where outcomes cannot be enumerated and probabilities cannot be assigned. Whereas most theories of choice assume that people rely on (potentially biased) probabilistic judgments, such theories cannot account for adaptive decision-making when probabilities cannot be assigned. CNT proposes that people usenarratives– structured representations of causal, temporal, analogical, and valence relationships – rather than probabilities, as the currency of thought that unifies our sense-making and decision-making faculties. According to CNT, (...) narratives arise from the interplay between individual cognition and the social environment, with reasoners adopting a narrative that feels “right” to explain the available data; using that narrative to imagine plausible futures; and affectively evaluating those imagined futures to make a choice. Evidence from many areas of the cognitive, behavioral, and social sciences supports this basic model, including lab experiments, interview studies, and econometric analyses. We identify 12 propositions to explain how the mental representations (narratives) interact with four inter-related processes (explanation, simulation, affective evaluation, and communication), examining the theoretical and empirical basis for each. We conclude by discussing how CNT can provide a common vocabulary for researchers studying everyday choices across areas of the decision sciences. (shrink)

Many people lack autonomy because they work jobs that deny them significant and meaningful control over what they do. The negative impact of this can be ameliorated, to a degree, by the relationships that people often form with co-workers: that is, workplace sociability can itself enhance workers’ autonomy while also helping them tolerate heteronomous work by making it more bearable. In addition, workplace sociability is also a potential resource for advancing the cause of working people’s autonomy, acting as a basis (...) for developing forms of workplace solidarity which workers can then use, through strike action and other forms of militant activity, to improve their working conditions. In this paper, we identify the tension between, on the one hand, the ameliorative andtherapeuticvalue of workplace sociability and, on the other, sociability’s potentialinstrumentalrole in expanding workers’ autonomy. We argue that developing workplace sociability into more purposive forms of solidarity involves putting at risk those other functions performed by such sociability. If expanding their autonomy is something workers have reason to care about, navigating the varied and complex functions performed by workplace sociability is thus an important dimension of workplace organizing. (shrink)

My aim here is to clarify the practice of honoring and validating the relational model of self which plays an important role in feminist therapy. This practice rests on a tangle of psychological claims, moral and political values, and mental health norms which require analysis. Also, severe pathology affects the relative "relationality" of the self. By understanding it we can better understand the senses of autonomy compatible with and even required for a desired relationality.

Something can be said to be good for a particular person, whether or not it is good for anyone else, let alone good ‘overall’ or ‘good simpliciter ’. Sometimes we speak of ‘John's good’ as well as of things that are ‘good for John’. What is ‘good for John’ is whatever enhances his ‘good’ or, to use an apparently synonymous term, his ‘well-being’. But what is a person's well-being: in what does it consist?

Is it a requirement of justice to democratize private companies? This question has received renewed attention in the wake of the financial crisis, as part of a larger debate about the role of companies in society. In this article, we discuss three principled arguments for workplace democracy and show that these arguments fail to establish that all workplaces ought to be democratized. We do, however, argue that republican-minded workers must have a fair opportunity to work in a democratic company. Under (...) current conditions, this means that a liberal order must actively promote workplace democracy. (shrink)

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

According to ‘strong cognitivism’, all reasons for action are rooted in normative features that the motivated subject takes objects to have independently of her attitudes towards these objects. My main concern in this paper is to argue against strong cognitivism, that is, to establish the view that conative attitudes do provide subjects with reasons for action. My central argument to this effect is a top-down one that proceeds by an analysis of the complex phenomenon of caring and derives a conclusion (...) regarding the nature of more basic mental phenomena—particular desires.Selon le «cognitivisme fort», toutes les raisons d’une action trouvent leurs sources dans des caractéristiques normatives par lesquelles l’individu motivé prend des objets comme avoir, indépendamment de son attitude à l’égard de ces objets. L’objectif majeur de cet article est de contester les arguments du cognitivisme fort, en d’autres termes, de démontrer que toute attitude volitive donne aux individus des raisons pour entreprendre une action. À cette fin, l’argument principal consistera à procéder par le biais de l’analyse du phénomène complexe de la préoccupation, pour en extrapoler une conclusion relative à la nature d’un phénomène mental plus fondamental encore : les désirs spécifiques. (shrink)

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

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

How is freedom valuable? And how should we go about defining freedom? In this essay, I discuss a distinction between two general ways of valuing freedom: one appeals to the good (e.g., to freedom's contribution to well-being); the other appeals to how persons have reason to treat one another in virtue of their status as purposive beings (to the right). The analysis of these two values has many relevant implications and it is preliminary to a better understanding of the relationships (...) between freedom and justice. First, it contributes to shed light on the relationship between trust and the value of freedom, and on two attitudes towards freedom – promoting and respecting freedom. Second, it disambiguates between two versions of the claim that freedom has non-specific/content-independent value: one appeals to the good, the other to the right. And third, I show that certain implications concerning the definition of freedom follow from assuming an account of the value of freedom that exclusively appeals to the right, illustrating how the value of freedom can shape what freedom is. (shrink)

In this article, I support the liberal claim that the state's fundamental responsibility is to ensure that persons are able to interact as equals, that is, on the basis of equal freedom. That persons must be treated as responsible agents leads to an obligation on the part of the state to ensure that its citizens have the necessary conditions (and resources) for responsible agency. I further suggest that this conception of equality and the requirement for responsible agency is the right (...) measure to use for setting limits on the state's obligation to redistribute its resources. I defend this claim by making a parallel argument in moral philosophy that distinguishes the duty to aid from the duty of beneficence and establishes a priority relationship between them. (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)

This paper is about the relevance, to the definition of freedom, of values or goods other than freedom. In this respect,its subject matter is not at all new. However, I do believe that new light can be thrown on the nature of this relationship by paying more attention to another relationship – one which exists within the concept of freedom itself. There are two senses in which we can be said to possess freedom. Firstly, there is the sense in which (...) we can be said to be free to do a certain particular thing. Secondly,there is the sense in which we can be said to possess a certain ‘amount’,‘degree’ or ‘quantity’ of freedom, in some overall sense. 1 I believe that most recent accounts of the relationship between freedom and other goods are inconsistent, because they see those other goods as affecting the truth value of claims about freedom in the second sense, but not in the first. (shrink)

Abstract.The legitimate impact of common morality on legal restrictions has been continuously discussed within the Western philosophy of law since Lord Patrick Devlin in the late 1950s presented his moralistic arguments against some liberal conclusions drawn by the English Committee on Homosexual Offences and Prostitution in their public report. Devlin's arguments were subsequently identified and refuted by Richard Wollheim, H. L. A. Hart and Ronald Dworkin, but in a way that later provoked further argument. In particular the attack against anti‐moralistic (...) principles set forth by Simon Lee (1986) owes much to the rather naive liberalism represented by the opponents of Devlin. The battle over liberalism and moralism from the Hart‐Devlin debate to the present day is reviewed. In addition to the discussion of the philosophers mentioned above, a potential flaw in the argumentation of Joel Feinberg (1986) is considered. (shrink)

In this paper I address the objection to sufficientarianism posed by Paula Casal and Richard Arneson, that it is hard to conceive of a sufficiency threshold such that distribution is highly important just below it, and not required at all just above it. In order to address this objection, I elaborate on the idea that sufficientarianism structurally can be seen to require two separate thresholds, which may or may not overlap. I then argue that a version of such a view (...) is plausible. Lastly, I distinguish this view from related proposals in the literature. (shrink)

Social justice is concerned with fair distribution of the benefits and burdens of living together in society. Regarding nursing care, social justice is concerned with who should receive its benefits, how much they should receive, and who should take up the burden of providing and paying for it. A specific thesis is offered: ‘Health care, including nursing care, should be distributed on the basis of need, free at the point of use, the cost being born by the community involved.’ This (...) thesis is shown to be incompatible with consequentialist (utilitarian) and libertarian approaches to social justice, but reasons are given for rejecting these theories. It is shown that it may be compatible with Rawl's liberal theory of justice and definitely compatible with a version of the teleological (Aristotelian) theory. The thesis is then defended against criticisms concerned with desert and responsibility: that the provident ought not to pay for the improvident, and that those who are responsible for their health do not deserve free care. There are answered by an epistemological argument concerning what we need to know before we can decide what people deserve, and an argument about social cohesion. The conclusion is that the thesis can be offered as a moral principle for a fair society. (shrink)

‘Hybrid’ theories of personal good, defended by e.g. Parfit, Wolf, and Kagan, equate it, not with a subjective state such as pleasure on its own, nor with an objective state such as knowledge on its own, but with a whole that supposedly combines the two. These theories apply Moore's principle of organic unities, which says the value of a whole needn't equal the sum of the values its parts would have by themselves. This allows them, defenders say, to combine the (...) attractions of purely subjective and purely objective views. This common understanding of the theories is, however, mistaken. At the most fundamental level they don't combine a subjective and an objective element but two objective ones. Once this is understood, their attraction as hybrid theories diminishes: the value in their wholes may be just the sum of the values in their parts. (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)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

ABSTRACT:In this address, I outline a “back to basics” approach to specifying the responsibilities and role of business in relation to society. Three “basics” comprise the approach. The first is arguing that basic principles of ordinary morality, such as a duty not to harm, provide an adequate basis for specifying the responsibilities of business managers. The second is framing the role of business in society by looking to the values realized by the basic building blocks of contemporary economic activity, i.e., (...) markets and firms. The third is making explicit the basic institutions that structure the background against which business operates. The aim is to develop a plausible framework for managerial decision making that respects the fact of value pluralism in a global economy and that fosters meaningful criticism of current business practices while remaining sufficiently grounded in contemporary circumstances so as to be relevant for managers. (shrink)

The incomparability of alternatives is thought to pose a problem for justified choice, particularly for proponents of comparativism better than,worse than,equally good,roughly equalon a par. namely, rejection of the transitivity of the relation In this paper, I argue that proponents of comparativism need not incur this cost. I defend the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept. The possibility of incomparability has been met with resistance, in part because of the intuitive appeal of comparativism. (...) By defending the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept, this paper supports further inquiry into the subject of incomparability. (shrink)

The incomparability of alternatives is thought to pose a problem for justified choice, particularly for proponents ofcomparativism– the view that comparative facts about alternatives determine what one rationally ought to choose. As a solution, it has been argued that alternatives judged incomparable by one of the three standard comparative relations, “better than,” “worse than,” and “equally good,” are comparable by some fourth relation, such as “roughly equal” or “on a par.” This solution, however, comes at what many would regard as (...) too high a cost – namely, rejection of the transitivity of the relation “at least as good as.” In this paper, I argue that proponents of comparativism need not incur this cost. I defend the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept. The possibility of incomparability has been met with resistance, in part because of the intuitive appeal of comparativism. By defending the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept, this paper supports further inquiry into the subject of incomparability. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)