Lifelong smokers lose on average a decade of life vis-à-vis non-smokers. Globally, tobacco causes about 5–6 million deaths annually. One billion tobacco-related deaths are predicted for the 21st century, with about half occurring before the age of 70. In this paper, we consider a complete ban on the sale of cigarettes and find that such a ban, if effective, would be justified. As with many policy decisions, the argument for such a ban requires a weighing of the pros and cons (...) and how they impact on different individuals, both current and future. The weightiest factor supporting a ban, we argue, is the often substantial well-being losses many individuals suffer because of smoking. These harms, moreover, disproportionally affect the disadvantaged. The potential gains in well-being and equality, we argue, outweigh the limits a ban places on individuals’ freedom, its failure to respect some individuals’ autonomous choice and the likelihood that it may, in individual cases, reduce well-being. (shrink)

In this article, we argue that physicians have normative authority over patients. First we elaborate on the nature of normative authority. We then examine and critique Arthur Isak Applbaum’s view that physicians lack authority over patients. Our argument appeals to four cases that demonstrate physicians’ authority.

In all of its varieties, traditional liberalism is a universalist political theory. Its content is a set of principles which prescribe the best regime, the ideally best institutions, for all mankind. It may be acknowledged — as it is, by a proto-liberal such as Spinoza — that the best regime can be attained only rarely, and cannot be expected to endure for long; and that the forms its central institutions will assume in different historical and cultural milieux may vary significantly. (...) It will then be accepted that the liberal regime's role in political thought is as a regulative ideal, which political practice can hope only to approximate, subject to all the vagaries and exigencies of circumstance. Nonetheless, the content of traditional liberalism is a system of principles which function as universal norms for the critical appraisal of human institutions. In this regard, traditional liberalism — the liberalism of Locke and Kant, for example — represents a continuation of classical political rationalism, as it is found in Aristotle and Aquinas, where it also issues in principles having the attribute of universality, in that they apply ideally to all human beings. (shrink)

This paper focuses on a hypothetical case that represents an intervention request familiar to those who work with individuals with intellectual disability. Stacy has autism and moderate intellectual disability. Her parents have requested treatment for her hand flapping. Stacy is not competent to make her own treatment decisions; proxy consent is required. There are three primary justifications for proxy consent: the right to an open future, substituted judgment, and the best interest standard. The right to an open future justifies proxy (...) consent on the assumption of future autonomy whereas substituted judgment justifies proxy consent via reference to past autonomy. Neither applies. Stacy has not been, nor will she be, competent to make her own treatment decisions. The best interest standard justifies proxy consent on the grounds of beneficence. It is unlikely that hand flapping harms Stacy. None of the three primary means of justifying proxy consent apply to Stacy’s case. (shrink)

In a series of important papers, G.A. Cohen has developed a forceful argument for the claim that workers are rendered unfree by capitalist institutions. His argument poses a powerful challenge to those who think that capitalist institutions best promote freedom. Yet, formidable as it is, Cohen's argument can be shown to be flawed at several crucial points. It is not one argument, but three at least, and one of the goals of my criticism of Cohen on this question is to (...) distinguish and assess the various separate lines of reasoning that together make up his case for the unfreedom under capitalism of workers as a class. Cohen argues of workers that they are rendered unfree by the institution of private property on which the capitalist system depends, that they suffer a form of collective unfreedom under capitalism, and that they are forced to sell their labor power under capitalism. (shrink)

An increasingly popular view in the philosophy of art is that some artworks are good artworks at least partly because they are achievements. This view was introduced to explain why two works that look the same, such as an original painting and a perfect copy, can differ in artistic merit. An achievement theory can say that the original is better because it is a greater achievement. Achievement theories have since been used to answer other questions, and they are now a (...) serious alternative to traditional theories of artistic merit. This paper has three aims. The first is to articulate the achievement theory more fully and explicitly than its advocates have. The second is to show that the achievement theory should be rejected, by raising five problems for it. The third is to show that appealing solely to the excellence, aptitude, and ineptitude a work manifests yields a better theory of artistic merit. (shrink)

Transgender people have among the highest rates of suicide attempts of any group in society, driven strongly by the perception that they do not belong in the sex of their physical body. Gender reassignment surgery is a procedure that can change the transgender person’s physical body to accord with their gender identity. The procedure raises important ethical and distributive justice concerns, given the controversy of whether it is a cosmetic or medical procedure and the economic costs associated with performing the (...) procedure. This paper argues that there is a strong case for funding GRS as a matter of clinical necessity and justice. This paper will be divided in four key sections: First, the state of transgender health will be outlined, including the role of GRS and common objections to it. Second, a number of common objections to GRS will be analysed at the outset and shown to be unconvincing. Third, a constructive argument will be advanced, arguing that publicly funded GRS is clinically necessary, cost-effective, and demanded by principles of justice. Fourth, the paper will briefly discuss moralistic biases and why we demand a higher burden of justification for funding GRS compared with other analogous procedures. (shrink)

What is the nature of evil action? My thesis is that perpetrators and victims of evil inhabit an asymmetrical relation of power; the strength of the more powerful party lies in its ability to exploit the other’s fundamental vulnerability, and the weaker party is vulnerable precisely insofar as it is directly dependent on the more powerful party for the satisfaction of its fundamental needs. The fundamental vulnerabilities that are exploited correspond to features essential to our humanity (ontological), moral personhood (personal), (...) and individuality (characteristic). These kinds of vulnerabilities are both constituted by and engender fundamental needs and give rise to direct dependencies on others to satisfy or to refrain from interfering with the satisfaction of fundamental needs. The unambiguous exploitation by the more powerful agent on whom the vulnerable directly depend is characteristic of evil action. Although I do not claim that the exploitation of ontological, personal, and characteristic vulnerabilities necessarily results in evil, it does typify it. (shrink)

MacIntyre characterises liberal societies as suffering distinctive, structural forms of malaise: they are a ‘disaster’, a ‘moral calamity’, sites of ‘barbarism and darkness’. I argue that, whilst we well understand why MacIntyre thinks liberalism is false, it is unclear why this falsity should imply such moral catastrophe. I begin by motivating the question and distinguishing it from the classic liberal-communitarian debates (§§1-2). In particular, I highlight liberalism’s ability to offer ‘workarounds’, accommodating at least some of MacIntyre’s commitments and so forestalling (...) the prospect of moral disaster. I then introduce two arguments which supply the missing premises, in each case juxtaposing MacIntyre with other critics of liberalism. First, I argue that liberalism’s conception of the private sphere systematically marginalizes MacIntyre’s vision of pedagogy (§3). I compare the argument and the attendant conception of privacy with Adorno’s (§4). In §5, I introduce the second premise: I argue that liberalism espouses a conception of maturity that actively undermines MacIntyre’s model of development, subverting liberal ‘workarounds’. I contrast this claim with recent attacks on liberalism by Deneen. I close with some methodological implications: MacIntyre’s case against liberalism should be seen as a form of external, not immanent, critique. (shrink)

In this article I seek a more complete understanding of evil action. To this end, in the first half of the article I assess the conceptual strengths and weaknesses of the most compelling theories of evil action found in the contemporary philosophical literature. I conclude that the theories that fall under the category I call ‘‘Nuanced Harm Accounts’’ successfully identify the necessary and sufficient conditions of the concept. However, necessary and sufficient conditions are not coextensive with significant features, and Nuanced (...) Harm Accounts are incomplete even if they are correct. In order to supplement them, in the second half of the article I examine the normative relation that obtains between perpetrators and victims of evil and find them to be parties to a relation of asymmetrical power in which the vulnerability of the weaker party is exploited by the stronger party for its advantage, pleasure, or otherwise to achieve its aims. Moreover, the parties in the relation reciprocally enable each other’s role relative to one another. The strength of the more powerful party emerges out of the states of vulnerability of the victims, and the victims are vulnerable relative to the power(s) of the perpetrator. (shrink)

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)

A symbolic, normative, and institutional investigation of the 1995 Ethiopian Constitution reveals that the individual is displaced and locked in the periphery as much of the socio-economic and political ecology of the state is occupied by Nations, Nationalities and Peoples. The Constitution presents and makes NNPs authors, sovereigns and constitutional adjudicators by adopting a corporate conception of group rights. As this corporate conception of group rights permeate and structure the organization of the Ethiopian state and government, the individual is relegated (...) in the constitutional order. In order to make the transition to constitutional democracy sustainable, it is argued that the Constitution should accommodate and ensure individual autonomy by adopting a collective conception of group rights. This offers both the normative basis and institutional safeguards to strike a proper equilibrium between group rights and individual rights. (shrink)

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

May the state try to promote the flourishing of its citizens? Some political philosophers—perfectionists—hold that the state may do so, while other political philosophers—anti-perfectionists—hold that the state may not do so. Here I examine how perfectionists might respond to a style of argument that anti-perfectionists give—what I call the legitimacy objection. This argument holds that considerations about flourishing are not themselves the right kind of considerations to justify state authority, and so if the state takes action to promote the flourishing (...) of its citizens, it is meddling in issues that are beyond the legitimate scope of its authority. I argue that this objection only shows that considerations about flourishing cannot themselves legitimate state action, but that they may still guide the state and state officials when they are deciding among policy options that are legitimate for non-perfectionist reasons. (shrink)

According to cultural nationalism, members of groups sharing a common history and societal culture have a fundamental, morally significant interest in adhering to their culture and in sustaining it for generations. Moreover, this interest should be protected by states. I shall examine three theses included in this statement. The first, theadherence thesis,relates to the basic interest people have in adhering to their national culture. The second thesis ishistorical.It concerns the basic interest people have in recognizing and protecting the multigenerational dimension (...) of their culture. The third thesis, apoliticalone, holds that the interests people have in living their lives within their culture and in sustaining this culture for generations should be protected politically. Some contemporary writers who support a liberal version of cultural nationalism do so by arguing that people have an interest in culture mainly because it is a prerequisite for their freedom and also because it is a component of their identity. (shrink)

According to cultural nationalism, members of groups sharing a common history and societal culture have a fundamental, morally significant interest in adhering to their culture and in sustaining it for generations. Moreover, this interest should be protected by states. I shall examine three theses included in this statement. The first, theadherence thesis,relates to the basic interest people have in adhering to their national culture. The second thesis ishistorical.It concerns the basic interest people have in recognizing and protecting the multigenerational dimension (...) of their culture. The third thesis, apoliticalone, holds that the interests people have in living their lives within their culture and in sustaining this culture for generations should be protected politically. Some contemporary writers who support a liberal version of cultural nationalism do so by arguing that people have an interest in culture mainly because it is a prerequisite for their freedom and also because it is a component of their identity. (shrink)

Philosophical discussions of legal ethics should be oriented around the generative problem , which asks two fundamental questions. First, how does the lawyer's role generate reasons? Second, what kinds of reasons can this role generate? Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method , theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that (...) none is based on a fully satisfactory solution to the generative problem. This method has important implication for the study of legal ethics. Philosophically, it moves theoretical debates about legal ethics closer to other debates about the sources of normativity, like those concerning promises. Further, this method identifies a realworld dimension to these theoretical debates. Focusing on the generative problem allows for the empirical verification of hypotheses about legal ethics that have, to date, largely been conjectured. (shrink)

This article helps to clear up some misunderstandings about the Will Theory of rights. Section 2 briefly outlines the Theories of Rights. Section 3 elucidates some salient differences amongst self-described anti–Interest Theory accounts. Section 4 rebuts Carl Wellman’s and Arthur Ripstein’s respective arguments about the Will Theory differing from “Choice” or Kantian theories of a right. Section 5 then offers a candidate explanation of why people might subscribe to the Will Theory in the first place.

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 228-244, May 2022. Private property rights involve coercion against non-owners in their enforcement. As critics of private property point out, this coercion involves a restriction on freedom. Sometimes, such critics suggest that collective property expands rights of access, and therefore expands freedom relative to private property. Does this follow? This paper argues no. To make this argument, I look at two particular forms of collective property: open-access commons and closed-access communes. Both (...) may give rise to potential threats to freedom. This does not mean that collective property never expands freedom relative to private property. It only means we cannot infer from the fact that collective property rules extend rights of access that collective property expands freedom. The upshot is a need to pay more attention to how different property rights work in practice. (shrink)

Promises of a customary, interpersonal kind have received no small amount of philosophical attention. Of particular interest has been their capac- ity to generate moral obligations. This capacity is arguably what distinguishes promises from other, similar phenomena, like communicating a firm intention. But this capacity is common to still other nearby phenomena, such as oaths and vows. These latter phenomena belong to the same family of concepts as promises, but they are structurally and functionally distinct. Taken in their turn, they (...) fill out what I call the ‘breadth criterion’: Theories of promising should cover not only customary, interpersonal promises but also sibling phe- nomena, including oaths and vows. Accommodating the breadth criterion is not something all theories of promising are positioned to accomplish. I focus on the challenge that the breadth criterion poses for Scanlon’s influential ex- pectation view of promising and suggest a normative powers account will fare better. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ culture. Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences of an absence (...) of external conditions necessary for children to exercise capacities they already have internally, rather than intrinsic limitations based on their stage of life. In a closing section, I show how Montessori proposes a model wherein both children and adults have autonomy, power, and responsibility, but over different spheres, and suggest implications of these differences for who has responsibility for establishing the conditions under which children can flourish. (shrink)

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

I argue for the principle of Anonymity, according to which two populations are equally good whenever they have the same anonymous distribution of wellbeing. I first show that, given transitivity of the at-least-as-good-as relation, Anonymity is entailed by the ``Non-Identity Principle'', according to which the consequence of bringing better rather than worse lives into existence is, all else equal, better. I then argue for the Non-Identity Principle on the basis that if it were false, it would follow that we fail (...) to improve the world when we make existing people better off, while at the same time replacing worse-off future people with different better-off future people. Since this is implausible, we should accept the Non-Identity Principle, and therefore Anonymity as well. (shrink)

This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

Social robots are robots that can interact socially with humans. As social robots and the artificial intelligence that powers them becomes more advanced, they will likely take on more social and work roles. This has many important ethical implications. In this paper, we focus on one of the most central of these, the impacts that social robots can have on human autonomy. We argue that, due to their physical presence and social capacities, there is a strong potential for social robots (...) to enhance human autonomy as well as several ways they can inhibit and disrespect it. We argue that social robots could improve human autonomy by helping us to achieve more valuable ends, make more authentic choices, and improve our autonomy competencies. We also argue that social robots have the potential to harm human autonomy by instead leading us to achieve fewer valuable ends ourselves, make less authentic choices, decrease our autonomy competencies, make our autonomy more vulnerable, and disrespect our autonomy. Whether the impacts of social robots on human autonomy are positive or negative overall will depend on the design, regulation, and use we make of social robots in the future. (shrink)

Drawing on the work of Jeremy Bentham, we can forward a parity thesis concerning formal and substantive legal invalidity. Formal and substantive invalidity are, according to this thesis, traceable to the same source, namely, the sovereign's inability to adjust expectations to motivate obedience. The parity thesis, if defensible, has great appeal for positivists. Explaining why contradictory or contrary mandates yield invalidity is unproblematic. But providing an account of content-based invalidity invites the collapse of the separation between what the law is (...) and what the law ought to be. Grounding formal and substantive invalidity in a unified source allows us to avoid bringing in any additional apparatus that might compromise this separation. This essay fleshes out and defends the parity thesis. (shrink)

Journal of Political Philosophy, EarlyView.

At the heart of any theoretical problem of justice lies the problem of motivation: Even if we could conceive of a way to develop a comprehensive system of just laws, and even if we could rationally believe in the justice of these laws, how could we ever ensure that we—or anyone else—would be motivated to abide by them? By unearthing how the problem of motivation sways canonical discussions of justice, the article brings forth intrinsic similarities and differences in these discussions (...) that are often overlooked in the literature. In particular, the article highlights intrinsic similarities in the analysis of the concept of justice in two central works that belong to the continental and the analytic tradition respectively and are otherwise rarely discussed together: Hegel’s Outlines of the Philosophy of Right and Rawls’s Theory of Justice. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

:The Small Improvement Argument is the leading argument for value incomparability. All vagueness-based accounts of the SIA have hitherto assumed the truth of supervaluationism, but supervaluationism has some well-known problems. This paper explores the implications of epistemicism, a leading rival theory. We argue that if epistemicism is true, then options are comparable in small improvement cases. Moreover, even if SIAs do not exploit vagueness, if epistemicism is true, then options cannot be on a par. The epistemicist account of the SIA (...) has an advantage over leading existing rival accounts of the SIA because it accounts for higher-order hard cases. (shrink)

As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...) Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

Résumé Le problème moral de l'autorité peut s'exprimer ainsi : comment l'autorité, avec la déférence qu'elle implique, peut-elle être compatible avec la liberté et la rationalité? L'approche pluraliste sépare l'obligation politique de l'autorité. Pour les pluralistes, l'autorité est à la fois injustifiable et inutile, et donc l'obligation politique légitime, y compris le devoir d'obéir à la loi, n'implique pas de déférence. Je soutiens qu'il est possible de conserver l'engagement pluraliste envers des motifs de légitimité pluriels, tout en réfutant les objections (...) pluralistes à l'autorité. En conséquence, chaque fois que l'autorité a une légitimité, la question morale de l'autorité exigera une réponse. (shrink)

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.

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

European Journal of Philosophy, EarlyView.