Volume 52, Issue 9, August 2020, Page 923-927.

Although the problem of adaptiveness plays an important motivating role in her work on human capabilities, Martha Nussbaum never gives a clear account of the controversial concept of adaptive preferences on which she relies. In this paper, I aim both to reconstruct the most plausible account of the concept that may be attributed to Nussbaum and to provide a critical appraisal of that account. Although her broader work on the capabilities approach moves progressively towards political liberalism as time passes, I (...) aim to show that her account of adaptive preferences continues to maintain her earlier commitment to perfectionism about the good. I then distinguish between two obligatory kinds of respect for persons, which I call, respectively, primary and secondary recognition respect. This distinction allows us to see that her perfectionist account of adaptive preferences allows her to show persons primary but not secondary recognition respect. Ultimately, I claim that an acceptable account of adaptive prefer.. (shrink)

In this paper I show the short-comings of autonomy-based justifications for exemptions from paternalism and appeal to the value of settling to defend an alternative well-being-based justification. My well-being-based justification, unlike autonomy-based justifications, can 1) explain why adults but not children are exempt from paternalism; 2) show which kinds of paternalism are justified for children; 3) explain the value of the capacity of autonomy; 4) offer a plausible relationship between autonomy and exemption from paternalism; and 5) give political philosophers a (...) justification for exempting persons from paternalism even if broad scepticism about the capacity for autonomy is justified. (shrink)

Inquiry, Volume 57, Issue 3, Page 384-411, June 2014.

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

The scale and asymmetry of commercial technology firms’ power over people through data, combined with the increasing involvement of the private sector in public governance, means that increasingly, people do not have the ability to opt out of engaging with technology firms. At the same time, those firms are increasingly intervening on the population level in ways that have implications for social and political life. This creates the potential for power relations of domination, and demands that we decide what constitutes (...) the legitimacy to act on the public. Business ethics and private law are not designed to answer these questions, which are primarily political. If people have lost the right to disengage with commercial technologies, we may need to hold the companies that offer them to the same standards to which we hold the public sector. This paper first defines the problem and demonstrates that it is significant and widespread, and then argues for the development of an overarching normative framework for what constitutes non-domination with regard to digital technologies. Such a framework must involve a nuanced idea of political power and accountability that can respond not only to the legality of corporate behaviour, but to its legitimacy. (shrink)

Debates about indoctrination raise fundamental questions about the ethics of teaching. This paper presents a philosophical analysis of indoctrination, including 1) an account of what indoctrination is and why it is harmful, and 2) a framework for understanding the responsibilities of teachers and other educational actors to avoid its negative outcomes. I respond to prominent outcomes-based accounts of indoctrination, which I argue share two limiting features—a narrow focus on the threat indoctrination poses to knowledge and on the dyadic relationship between (...) indoctrinator and indoctrinated person. I propose a system-based account of indoctrination in which actors with authority contribute to the production or reinforcement of closed-mindedness, which threatens both knowledge and understanding. By taking a system-based approach, my account is better equipped to identify the implications of indoctrination for educational policy and practice. (shrink)

In recent years, democracies across the globe have seen an increase in the popularity and power of authoritarian, nationalist politicians, groups, and policies. In this climate, the proper role of education in liberal democratic society, and in particular its role in promoting characteristics like autonomy and open-mindedness, is contested. This paper engages this debate by exploring the concept of autonomy and the obligations of liberal democratic societies to promote it. Presenting the conditions for the exercise and development of autonomy, I (...) argue that the intellectual virtue of open-mindedness is necessary for possession of the capacity for autonomy and the motivation to exercise this capacity. In considering the importance of autonomy in liberal democratic societies, I argue that education for autonomy and open-mindedness can be justified by appealing to several liberal democratic aims: ensuring fair opportunity in the pursuit of the good life and preparing students for citizenship in diverse society. My analysis of the relationship between autonomy and open-mindedness aims to contribute to the literature by identifying a conception of autonomy that explicitly acknowledges its connections to intellectual virtue, thus clarifying one aspect of its value and identifying an important component of education that supports autonomy. (shrink)

It is widely believed that the nature of love and friendship precludes them from being bought or sold. It will be argued in this paper that this view is false: There is no conceptual bar to the commodification of love and friendship. The arguments offered for this view will lead to another surprising conclusion: That these goods are asymmetrically alienable goods, goods whose nature is such that separate arguments must be provided for the views that they can be bought and (...) sold. The possibility of asymmetric alienability has not yet been recognized in the literature on commodification. (shrink)

Journal of Philosophy of Education, EarlyView.

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.

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.

Contemporary Neo-Berlinians contend that value pluralism is the best account of the moral universe we inhabit; they also contend that value pluralism provides a powerful case for liberalism. In this paper, I challenge both claims. Specifically, I will examine the arguments offered in support of value pluralism; finding them lacking, I will then offer some reasons for thinking that value pluralism is not an especially promising view of our moral universe.

In A Pragmatist Philosophy of Democracy, I launched a pragmatist critique of Deweyan democracy and a pragmatist defense of an alternative view of democracy, one based in C. S. Peirce's social epistemology. In this article, I develop a more precise version of the criticism of Deweyan democracy I proposed in A Pragmatist Philosophy of Democracy, and provide further details of the Peircean alternative. Along the way, some recent critics are addressed.

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...) appropriateness of a person responding to a decision by limiting their freedom. (shrink)

Contemporary Marxism may seem to have been eclipsed by the dominance of Left-liberalism in egalitarian thought. Since Rawls, the liberal tradition has made a robust contribution to the argument for distributive justice, whilst Marxist orthodoxy regarding the “withering away” of the state has seemed unhelpful in comparison. However, most Left liberals are wedded to several claims that constrain the ambition and depth of the egalitarian project, claims which can be shown to be wanting in light of the socialist commitment to (...) distribution on the basis of need, as well as the Marxist critique of alienation. This paper explores the potential of Marxism to address some of the limitations of contemporary liberal egalitarianism. (shrink)

This article discusses left-libertarian justifications of basic income. The basic income policy is designed to decouple income from employment in the monetized economy by allowing the individual to access, on a regular stipulated basis, a grant that is independent of her ability and willingness to work for remuneration. This article attempts to amend an important failure with respect to the way in which the concept of real freedom has been treated in Van Parijs’ pioneering defense of the universal grant. Van (...) Parijs’ defense of basic income does not pay substantial attention to the freedom that work-lovers would gain from the opportunity to opt out of work, which the grant would facilitate if sufficiently generous. Van Parijs’ justification of basic income is incomplete in terms of the value it places on the opportunity to enjoy freedom from employment from the purview of every member of society, not only those that will, or might, decide to lead a life (partially) outside of work. The article develops the argument that such failure results from the fact that Van Parijs’ conception of freedom is centered on the importance of actual or potential preference satisfaction as opposed to non-agent-centered reasons. (shrink)

Gerald Dworkin’s overlooked defense of legal moralism attempts to undermine the traditional liberal case for a principled distinction between behavior that is immoral and criminal and behavior that is immoral but not criminal. According to Dworkin, his argument for legal moralism “depends upon a plausible idea of what making moral judgments involves.” The idea Dworkin has in mind here is a metaethical principle that many have connected to morality/reasons internalism. I agree with Dworkin that this is a plausible principle, but (...) I argue that some of the best reasons for accepting it actually work against his enforcement thesis. I propose a principled distinction between the immoral-and-criminal and the immoral-but-not-criminal, and argue that a principle at least very much like it must be correct if the metaethical principle Dworkin avows is correct. (shrink)

In this article, I distinguish personal autonomy from heteronomy, and consider whether autonomy provides a suitable basis for liberalism. I argue that liberal government should not promote autonomy in all its citizens, on the grounds that not all members of liberal democracies require autonomy for a good life. I then outline an alternative option that I call a liberalism of conscience, describing how it better respects heteronomous citizens. I subsequently clarify how a liberalism of conscience is different than, and superior (...) to, autonomy‐based versions of liberalism. (shrink)

This article argues that military conditioning (MC) systematically violates the human dignity of soldiers. The argument relies on an absolute deontologist account of human dignity understood as a claim-right to live in self-respect, which is a right to decide on one’s own behalf about, and to be in control of, essential aspects of one’s own life. The article claims that MC violates soldiers’ dignity so understood because the largely automatic physical killing reflex that MC instills aims to remove their freedom (...) of choice to kill or not to kill, while the MC practices that rationalize the killing of opponents aim to subvert soldiers’ moral deliberation in relation to this behavior. MC thus aims to take away soldiers’ control over a very essential aspect of human life: the decision whether to take life in war. Thereby, MC systematically violates their human dignity. The article concludes with a proposal for an amendment to international law that would allow legal institutions to do more justice to soldiers’ dignity. (shrink)

In philosophy, economics, and law, the idea of voluntary agreements plays a central role. But contractarianism in political philosophy stands on altogether different grounds from enthusi...

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to show two (...) things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

In 2009 Dutch judges convicted several minors for theft of virtual items in the virtual worlds of online multiplayer computer games. From a legal point of view these convictions gave rise to the question whether virtual items should count as “objects” that can be “stolen” under criminal law. This legal question has both an ontological and a moral component. The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. The question whether or (...) not they should count as such under criminal law is of a moral nature. The purpose of this paper is to answer both the ontological question and the moral question underlying the legal question. (shrink)

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)

W tekście zajmujemy się przeobrażeniami, jakie na przestrzeni wielu stuleci zaszły w rozumieniu uprawnień. W związku z tym interesują nas też zmiany w roli nadawanej skorelowanym z nimi obowiązkom oraz sprawiedliwości. Wychodząc od pierwotnego (obiektywnego) sensu praw jako przedmiotu sprawiedliwości, przechodzimy do nowożytnego podmiotowego (subiektywnego) ich rozumienia. Twierdzimy, że konsekwencją opisywanej transformacji jest zmiana struktury uzasadnienia praw. Mamy na myśli to, że prawa, pierwotnie uzasadniane regułami sprawiedliwości i równoważne obowiązkom, stały się od sprawiedliwości niezależne, a nawet, że tę ostatnią zaczęto (...) rozumieć jako regułę urzeczywistniania autonomicznie ustanawianych benefitów (czyli substancjalnie wziętych praw). (shrink)

Harm reduction has been advocated to address a diverse range of public health concerns. The moral justification of harm reduction is usually presumed to be consequentialist because the goal of harm reduction is to reduce the harmful health consequences of risky behaviors, such as substance use. Harm reduction is contrasted with an abstinence model whose goal is to eradicate or reduce the prevalence of such behaviors. The abstinence model is often thought to be justified by ‘deontological’ considerations: it is claimed (...) that many risky behaviors are morally unacceptable, and therefore that we have a moral obligation to recommend abstinence. Because harm reduction is associated with a consequentialist justification and the abstinence model is associated with a deontological justification, the potential for a deontological justification of harm reduction has been overlooked. This paper addresses this gap. It argues that the moral duty to protect autonomy and dignity that has been advocated in other areas of medical ethics also justifies the public health policy of harm reduction. It offers two examples—the provision of supervised injection sites and the Housing First policy to address homelessness—to illustrate the argument. (shrink)

In recent years, insurance companies have begun tracking their customers’ behaviors and price premiums accordingly. Based on the Market-Failures Approach as well as the Justice-Failures Approach, I provide an ethical analysis of the use of tracking technologies in the insurance industry. I focus on the use of telematics in car insurance and on the use of fitness tracking in life insurance. The use of tracking has some important benefits to policyholders and insurers alike: it reduces moral hazard and fraud, increases (...) actuarial fairness, and incentivizes safe behavior. These benefits, however, are outweighed by significant moral objections. First, the use of tracking technologies significantly undermines the fairness of the interaction between insurance companies and policyholders. Specifically, the use of tracking eliminates information asymmetries, but in such a way that favors insurers exclusively. Furthermore, tracked behaviors and the ability to choose to behave safely are highly correlated with other variables such as income. Therefore, tracking-based insurance relies on and exacerbates existing inequalities and injustices, which undermines the benefits that tracking is supposed to introduce. (shrink)

Organ shortage is a major survival issue for millions of people worldwide. Globally 1.2 million people die each year from kidney failure. In this paper, we critically examine and find lacking extant proposals for increasing organ supply, such as opting in and opt out for deceased donor organs, and parochial altruism and paired kidney exchange for live organs. We defend two ethical solutions to the problem of organ shortage. One is to make deceased donor organs automatically available for transplant without (...) requiring consent from the donor or their relatives. The other is for society to buy nonvital organs in a strictly regulated market and provide them to people in need for free. (shrink)

:This paper argues that, inasmuch as exploitation is a form of injustice, exploitative acts need not be performed intentionally.

In their excellent monograph, Crimes, Harms and Wrongs, Andrew Simester and Andreas von Hirsch argue for an account of legitimate criminalisation based on wrongfulness, the Harm Principle and the Offence Principle, while they reject an independent anti-paternalism principle. To put it at its simplest my aim in the present paper is to examine the relationship between ‘the harms’ and ‘the wrongs’ of the authors’ title. I begin by comparing the authors’ version of the Harm and Offence Principle with some other (...) influential accounts. After examining the role wrongfulness plays in their work, I ask what there is left for their Harm and Offence Principles to do. In the light of the understanding and foundations of the Harm and Offence Principles proposed by the authors, I suggest that the answer is little or nothing. The wrongfulness constraint the authors place on their Offence Principle comes close to swallowing it up entirely. Furthermore the part of their Offence Principle that is not thus swallowed by wrongfulness leaves the account with a commitment that is probably best dropped. As far as their Harm Principle is concerned I suggest that the authors’ account of ‘harm’ is so broad that it lacks the resources to distinguish harm-based reasons from wrongfulness- or immorality-based reasons in any principled way. Among other things, I ask in this context, first, whether one can be harmed as one’s character deteriorates and, secondly, whether one is harmed by virtue of the serious wrong one does to another. What really drives the authors’ account of legitimate criminalisation, I believe, is wrongfulness together with an important, amorphous set of potential defeating conditions. They themselves accept such a picture so far as paternalism is concerned. I conclude that their account, which I think has considerable force, would lose little of any significance were their Harm and Offence Principles simply excised. More generally I suspect that a strong role for wrongfulness in an account of legitimate criminalisation is likely to put into serious question the plausibility of an independent principled role for harm and offence. (shrink)

Many philosophers take the view that, while coercion is a prominent and enduring feature of legal practice, its existence does not reflect a deep, constitutive property of law and therefore coercion plays at best a very limited role in the explanation of law's nature. This view has become more or less the orthodoxy in modern jurisprudence. I argue that an interesting and plausible possible role for coercion in the explanation of law is untouched by the arguments in support of the (...) orthodox view. Since my main purpose is to clear the ground for the alternative, I spell out the orthodox view in some detail. I then briefly sketch the alternative. Finally, I turn to Jules Coleman's discussion of the alternative. (shrink)

Many philosophers take the view that, while coercion is a prominent and enduring feature of legal practice, its existence does not reflect a deep, constitutive property of law and therefore coercion plays at best a very limited role in the explanation of law's nature. This view has become more or less the orthodoxy in modern jurisprudence. I argue that an interesting and plausible possible role for coercion in the explanation of law is untouched by the arguments in support of the (...) orthodox view. Since my main purpose is to clear the ground for the alternative, I spell out the orthodox view in some detail. I then briefly sketch the alternative. Finally, I turn to Jules Coleman's discussion of the alternative. (shrink)

Anthropologists often claim to have understood an ethical outlook that they nevertheless believe is largely false. Some moral philosophers---e.g., Susan Hurley---argue that this claim is incoherent because understanding an ethical outlook necessarily involves believing it to be largely true. To reach this conclusion, they apply an argument of Donald Davidson’s to the ethical case. My central aim is to defend the coherence of the anthropologists’ claim against this argument.To begin with, I specify a candidate-language that contains a significant number of (...) alien thick descriptions. A thick description is a term that has both descriptive and evaluative content, e.g., “courageous.” I then argue that, because of its alien thick descriptions, this candidate-language cannot be interpreted by someone who adheres to the strictures of Davidson’s account of interpretation. To complete my criticism, I demonstrate that the meaningfulness of this candidate-language cannot be impugned on Davidson’s own terms. This involves showing that an interpreter’s correctly assigning truth-conditions, expressed in her own language, to sentences featuring alien thick descriptions is consistent with her believing those sentences to be false. (shrink)

Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)

Contemporary Christian ethics encounters the challenge to communicate genuinely Christian normative orientations within the scientific debate in such a way as to render these orientations comprehensible, and to maintain or enhance their plausibility even for non-Christians. This essay, therefore, proceeds from a biblical motif, takes up certain themes from the Christian tradition (in particular the idea of social justice), and connects both with a compelling contemporary approach to ethics by secular moral philosophy, i.e. with Axel Honneth's reception of Hegel, as (...) based on Hegel's theory of recognition. As a first step, elements of an ethics of recognition are developed on the basis of an anthropological recourse to the conditions of intersubjective encounters. These conditions are then brought to bear on the idea of social justice, as developed in the social-Catholic tradition, and as systematically explored in the Pastoral Letter of the United States Conference of Catholic Bishops, Economic Justice For All (1986). Proceeding from this basis, aspects of a Christian ethics of community service with regard to long-term care can be defined. (shrink)

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not moral authority), and (...) the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (shrink)

A number of philosophers working in applied ethics and bioethics are now earnestly debating the ethics of what they term “moral bioenhancement.” I argue that the society-wide program of biological manipulations required to achieve the purported goals of moral bioenhancement would necessarily implicate the state in a controversial moral perfectionism. Moreover, the prospect of being able to reliably identify some people as, by biological constitution, significantly and consistently more moral than others would seem to pose a profound challenge to egalitarian (...) social and political ideals. Even if moral bioenhancement should ultimately prove to be impossible, there is a chance that a bogus science of bioenhancement would lead to arbitrary inequalities in access to political power or facilitate the unjust rule of authoritarians; in the meantime, the debate about the ethics of moral bioenhancement risks reinvigorating dangerous ideas about the extent of natural inequality in the possession of the moral faculties. (shrink)

Several prominent writers including Norman Daniels, James Sabin, Amy Gutmann, Dennis Thompson and Leonard Fleck advance a view of legitimacy according to which, roughly, policies are legitimate if and only if they result from democratic deliberation, which employs only public reasons that are publicised to stakeholders. Yet, the process described by this view contrasts with the actual processes involved in creating the Affordable Care Act and in attempting to pass the Health Securities Act. Since the ACA seems to be legitimate, (...) as the HSA would have been had it passed, there seem to be counterexamples to this view. In this essay, I clarify the concept of legitimacy as employed in bioethics discourse. I then use that clarification to develop these examples into a criticism of the orthodox view–that it implies that legitimacy requires counterintuitively large sacrifices of justice in cases where important advancement of healthcare rights depends on violations of publicity. Finally, I reply to three responses to this challenge: that some revision to the orthodox view salvages its core commitments, that its views of publicity and substantive considerations do not have the implications that I claim and that arguments for it are strong enough to support even counterintuitive results. My arguments suggest a greater role for substantive considerations than the orthodox view allows. (shrink)

Political philosophers often grapple with the issue of the legitimacy of state coercion. Aristotle, a perfectionist, opines that all men hold an objective account of the good life. As regards legitimacy, he entails that state policies are justified only when all its members comprehend the value that has been identified in accordance with the true notion of good. Aristotle argues that the state should facilitate the encouragement of objectively valuable notions of the good. Ronald Dworkin, a neutralist, proposes a specific (...) model of the good life so that one can live well. He holds that certain elements of the ethical conception lead to various notions of the good and, in matters of legitimacy, the state should be neutral towards the notion of good. This is so because A cannot make B’s life better by way of the coercive means of the state. This paper throws light on Aristotle’s and Dworkin’s dialogues on the moral foundations of legitimacy (conceived during their notion of the good life). Therefore, I argue that, in contrast to perfectionism, Dworkin justifies his liberal principle of legitimacy through the idea of state neutrality. But, eventually, Dworkin’s arguments overlook his ethical foundation or admissible towards perfectionism, which is emaciated enough to offer any justification for the principle of legitimacy. (shrink)

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)