In trying to enhance, improve or perfect ourselves through technological intervention, we can risk the very idea of a practical identity and self-possession. In thinking of the enhancement, improvement or perfection of the body through technological interventions, we ought to acknowledge limits in our outlook at least as seriously as we enjoy the considerable advances offered by technology in general. In postulating the chance of enhancement, improvement and perfection it is important to think about the distinction between what we can (...) and what we ought to do. In terms of scientific advance, this is not necessarily reflected clearly – it is often the case that scientific advance per se is taken to be ‘‘progress.’’ Progress in scientific research isn’t an easy notion in itself. Human progress, in being highly open to nuance and value, draws upon evaluation across a range of validity spheres. In tying a too-uncomplicated notion of scientific progress to the issue of human progress, there is a risk that we evaluate too narrowly our chances and our options. (shrink)

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across (...) cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (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)

In this paper, I focus on recognition respect as a component of Anderson’s democratic equality – specifically, how it places certain requirements on the way political institutions such as states treat both citizens and non-citizens. I argue for two claims: that recognition respect is a plausible political (as well as ethical) value, and that it should be understood in large part as a matter of an agent’s material relational standing rather than as their merely being regarded in a certain way (...) by others. In particular, I argue that the second-personal emphasis of recognition respect, the conceptual requirement that recognising somebody as an agent involves recognising them as somebody to whom you are in principle accountable, requires that agents actually be able to hold you to account rather than merely that you see them as being the right sort of being to do so. In turn, this implies that recognition respect requires non-vulnerability. Together, these claims go some way towards further fleshing out democratic equality as a philosophical ideal, and determining what implications this ideal has for matters of theory and policy. (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)

Clients may feel trapped into sharing their private digital data with insurance companies to get a desired insurance product or premium. However, private insurance must collect some data to offer products and premiums appropriate to the client’s level of risk. This situation creates tension between the value of privacy and common insurance business practice. We argue for three main claims: first, coercion to share private data with insurers is pro tanto wrong because it violates the autonomous choice of a privacy-valuing (...) client. Second, we maintain that irrespective of being coerced, the choice of accepting digital surveillance by insurers makes it harder for the client to protect his or her autonomy. The violation of autonomy also makes coercing customers into digital surveillance pro tanto morally wrong. Third, having identified an economically plausible process involving no direct coercion by insurers, leading to the adoption of digital surveillance, we argue that such an outcome generates further threats against autonomy. This threat provides individuals with a pro tanto reason to prevent this process. We highlight the freedom dilemma faced by regulators who aim to prevent this outcome by constraining market freedoms and argue for the need for further moral and empirical research on this question. (shrink)

It seems uncontroversial to state that meeting the vital medical needs of the vulnerable is agoal of great moral importance. Those in need of an organ transplant are among the mostvulnerable and yet society has to a large extent failed them. Many would-be organ recipientshave to wait for long periods of time before they get the organ that they need and some haveto wait until it is too late. Something has to change. One of the most widely discussedsolutions is to (...) create a regulated market in organs. The financial incentives are believed toencourage more people to give someone else their organs, thus significantly increasingsupply. Regardless of the potential effectiveness of such a solution, there are many who takea principled stand against organ markets. These objections generally stem from a concern forthe insidious potential for coercion and the hazard of exploitation. I will argue that thearguments against organ markets fail due to the flawed conceptualization of coercion, fairnessand the expressive meaning of markets that these arguments are premised on. Furthermore,even though there is some truth to the exploitation objection, it does not have sufficient moralrelevance to justify a prohibition on a regulated market in organs. (shrink)

Este trabalho pretende apresentar a análise de Rawls sobre a liberdade, vinculada à concepção de pessoa, como um ponto central do seu liberalismo político. Essa análise contempla tanto a liberdade negativa como a positiva na classificação de I. Berlin, em seu ensaio Dois conceitos de liberdade. A apropriação da liberdade negativa por Rawls, a qual se exprime nas liberdades básicas está, prioritariamente, presente no primeiro princípio de justiça. A concepção modelo de pessoa que Rawls constrói implica assumir a ideia de (...) liberdade como algo que conceitualmente pertence à pessoa no que diz respeito à sua autonomia, realizando, assim, a exigência conceitual de sentido positivo de liberdade. Como resultado desta análise, o reconhecimento da liberdade e da igualdade das pessoas e da sua condição como sujeitos morais desempenha um papel fundamental no valor que cada pessoa atribui a si como sujeito moral livre, e que considera o outro também como possuidor de igual capacidade. (shrink)

Amartya Sen, the initiator of the Capability Approach, rejects perfectionism and the idea that theorists can, or ought to, predefine what capabilities we have reason to value. Instead he insists that the route to social justice stay true to the liberal ideal of value pluralism and human diversity and demands a content-neutral procedure of reflective scrutiny. This paper investigates the theoretical underpinnings assumed in such a procedural account. Can it avoid perfectionistic assumptions? I think it cannot for two reasons. First, (...) it is clear that a deliberative process is taken to be valuable without it being a product of such a process. It is thus taken to be a priori valuable. Consequently, the capabilities that enable citizens to successfully partake in such a process are taken to be what we have reason to value. Second, I argue, Sen’s procedural approach is primarily aimed at enhancing freedom understood as personal autonomy. I then ask if Sen successfully can deflect perfectionistic allegations by referring to a formal and content-neutral account of autonomy. Again, I conclude he cannot. This suggests that Sen’s rejection of perfectionism is untenable. (shrink)

We all have agent-relative permissions to give extra weight to our own well-being. If you and two strangers are drowning, and you can save either yourself or two strangers, you have an agent-relative permission to save yourself. But is it possible for you to ‘vest’ your agent-relative permissions in a third party – a ‘proxy’ – who can enact your agent-centered permissions on your behalf, thereby permitting her to do what would otherwise be impermissible? Some might think that the answer (...) is ‘no’; it is definitive of agent-centered permissions that they apply only to the individuals ineliminably referenced in the content of that reason, which means that they lack reason-giving force for any ostensible proxy. The purpose of this paper is to show that vesting agent-relative permissions is indeed possible, provide an account of how agent-relative permissions are vested by considering the structure of rights more generally, and show that we have a right to vest such permission in this way. (shrink)

This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “meta- theoretical” desiderata. It contends that, to date, legal philosophical appeals (...) to such norms have not been as helpful as some suggest. Section 5 returns to the issue of concept selection by addressing whether legal theorising is an invariably “normative” enterprise. It argues that certain “normativist” methodologies, such as Dworkin’s constructive interpretation and Finnis’ appeal to the central case of the internal point of view, are unnecessary. (shrink)

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

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

The purpose of this article is to offer guidelines to deal with hard choices, specifically in situations where some compromise among opposing values is inescapable. The guidelines are intended to help ethicists and practitioners to delineate different alternatives and to dismiss some of them as morally unacceptable. This article explores the view that compromises arise from negotiations but from ethical predicaments as well. For this reason, I distinguish between strategic and moral compromises. Both managers and employees are individual moral agents (...) who have to confront the possibility of unpalatable and even disgusting compromises, so that they are forced to put their integrity into risk in certain compromise situations. However, I shall argue for the possibility of palatable moral compromises. The guidelines to cope with those situations and to identify the unpalatable compromises are based on J. S. Mill's moral philosophy. Mill suggested that half-measures passed in Parliament must have certain key elements to be morally acceptable. I make use of this doctrine to put forward compromise guidelines in the form of a set of hallmarks, internal and external elements of palatable compromises. Two minicases are used to test the guidelines and to emphasize the importance of compromises for ethical decision making and commitment to company. (shrink)

¿Tiene la teoría política republicana algún recurso que ofrecer a la democracia contemporánea? Dos objeciones son abordadas: que se pone en tela de juicio demasiado internamente que la teoría republicana contemporánea pueda ofrecer una propuesta coherente, y que ninguna idea susceptible de ser valorada es distinguible de la teoría liberal. Mantengo que, a pesar de que hay ciertos lugares comunes entre los republicanos y los liberales, su compromiso para con la democracia muestra diferentes enfoques, tensiones y acuerdos. El republicanismo tiene (...) una subyacente perspectiva coherente y ofrece un enfoque distintivo para fundamentar y concebir la democracia. Su énfasis en la deliberación entre ciudadanos en múltiples esferas públicas, antes que en una soberanía popular unitaria, puede contribuir potencialmente a tratar los problemas que conlleva la compresión y la realización de la democracia a nivel transnacional y global. (shrink)

The central thesis of this paper is that, for most issues of multiculturalism, regarding them as a problem of tolerance puts us on the wrong track because there are certain biases inherent in the principle of tolerance. These biases -- individualism, combined with a focus on religion and a focus on beliefs rather than on persons or practices -- can be regarded as distinctly Protestant. Extending the scope of tolerance may seem a solution but if we really want to counter (...) these biases, the principle of tolerance becomes so general that it loses any distinctive meaning. Therefore, we should accept the limited scope of tolerance and its biases. The principle of tolerance can still be useful for some problems where there is a clear and direct link to political or religious beliefs. Moreover, it should be cherished as a more general attitude or practice in Dutch society. For most problems of multiculturalism, however, we should appeal to broader theoretical frameworks that do justice to persons and practices. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

La mayoría de los derechos reconocidos tanto a nivel constitucional como en el derecho internacional de los derechos humanos están destinados a la protección de bienes privados. A diferencia de ellos, el derecho al ambiente sano asegura a los individuos el disfrute de un bien público. Las características propias de los bienes públicos generan profundos problemas de arquitectura jurídica para un sistema de derechos fundamentales que históricamente fue concebido para la protección de bienes privados y han dado lugar a discusiones (...) sobre la titularidad de este derecho. Este trabajo analiza la posición de Carlos S. Nino a favor de considerar el derecho a un ambiente sano como derecho colectivo y señala los problemas que esta postura genera para el ejercicio y contenido del derecho. Most of the rights that have been recognized both at the constitutional level and in international human rights laws entitle individuals to the protection of private goods. In contrast, the right to a healthy environment ensures individuals the enjoyment of a public good. The characteristics of public goods have created significant problems related to the legal architecture for a system of fundamental rights that historically was conceived for the protection of private goods, and have generated considerable debate over whether the right to a healthy environment should be considered an individual right. This paper analyzes Carlos S. Nino’s position, who advocates in favor of considering the right to a healthy environment as a collective right; and it points out the problems that such a position generates for the content of the right and its exercise. (shrink)

The article distinguishes between the various arguments traditionally offered as justifications for the principle of academic freedom. Four main arguments are identified, three consequentialist in nature (the argument from truth, the democratic argument, the argument from autonomy), and one nonconsequentialist (a variant of the autonomy argument). The article also concentrates on the specific form these arguments must take in order to establish academic freedom as a principle distinct from the more general principles of freedom of expression and intellectual freedom.

I argue in this paper that the development and convergence of information and communication technologies (ICT) is creating a global network of surveillance capabilities which affect the traveler. These surveillance capabilities are reminiscent of 18th century philosopher Jeremy Bentham’s panopticon, and as such the emerging global surveillance network has been referred to as the travel panopticon. I argue that the travel panopticon is corrosive of personal autonomy, and in doing so I describe and analyse various philosophical approaches to personal autonomy.

This article challenges a prominent claim in moral philosophy: that autonomy is a personal ideal, according to which individuals are authors of their own lives. This claim is philosophically dubious and ethically pernicious, having excluded women from positions of rational authority. A reading of Ibsen's A Doll's House illustrates how this conception of the ideal of autonomy misrepresents the reality of individuals' lived experiences and imposes a gendered identity which subordinates women to a masculine narcissism. In Ibsen's play the woman, (...) as a doll confined to home, remains dependent on an autonomous man. It would seem that men in modern philosophy could see only their own image as rational agents reflected in their ethics; but, in fact, this position is self-defeating. The recognition of our contingencies and so, vulnerability, motivated Kant himself to try to make the moral realm secure with something necessarily common to all human beings: our capacity to reason. The unwitting upshot of Kant's ethics has been the restriction of reason to a purely formal function; but this autonomy of reason undermines itself in being unable to guide the writing of the rational agent's own life. I propose instead to preserve the capacities of moral rationality, while urging the incorporation of ethical practices previously devalued by their association with vulnerability, such as attention, affection and relationality. My philosophical challenge is, first, to develop an internal critique of ethics which exposes its authoritative imposition of a gender identity and, next, to propose a revised conception of autonomy, namely, not just writing our own story, but reading the stories in which we find ourselves. (shrink)

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

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

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)

There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...) like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned. (shrink)

In Isaiah Berlin, John Gray interprets Berlin as having made value pluralism the basis of an anti‐rationalist, “agonistic” liberalism. Gray argues that Berlin's value pluralism actually stands in tension with his liberalism, and that a whole‐hearted affirmation of value pluralism should have led him to reject the claim that liberal institutions are morally superior. But Berlin's pluralism is more moderate than that ascribed to him by Gray, in that it does not allow for diminishing the value of liberty beyond a (...) certain point. This version of pluralism is more compatible with the objectivity Gray claims for pluralism than is his own version. (shrink)

In A Matter of Principle, Ronald Dworkin discusses the role a political morality should play in decisions about when the law should be obeyed and enforced, and even what law is. Noticing that liberalism was once a quasi-consensus theory in Great Britain and the United States – and, therefore, a natural candidate to that role in those countries – Dworkin argues that the loss of that status is due to an alleged failure of liberal political theorists to identify a kind (...) of egalitarianism as the constitutive principle on which liberalism is based. My aim in this paper is to advance arguments against such an influential claim that a certain egalitarianism would be the constitutive principle of political liberalism. (shrink)

Suppose you intend now to φ at some future time t. However, when t has come you do not φ. Something has gone wrong. This failing is not just a causal but also a normative failing. This raises the question how to characterize this failing. I discuss three alternative views. On the first view, the fact that you do not execute your intention to φ is blameworthy only if the balance of reasons pointed to φ-ing. The fact that you intended (...) to φ does not add to the reasons for φ-ing at t. On the second view, the fact that you do not execute your intention to φ is blameworthy because you violate a requirement of rationality. Both these views have in common that they deny that intending to φ at t creates a reason to φ at t. The third alternative, the one I defend, claims that you often create reasons to φ by intending to φ. (shrink)

While industrial wind turbines (IWTs) clearly raise issues concerning threats to the health of a few in contrast to claimed health benefits to many, the trade-off has not been fully considered in a public health framework. This article reviews public health ethics justifications for the licensing and installation of IWTs. It concludes that the current methods used by government to evaluate licensing applications for IWTs do not meet most public health ethical criteria. Furthermore, these methods are contrary to widely held (...) fundamental principles of administrative law and governmental legitimacy. A set of decision-making principles are suggested to address this situation that are derived from existing and emerging legal principles in Canada and elsewhere. These include the Precautionary Principle, the Least Impactful Means (Proportionality) Test, and the Neighbor Principle. (shrink)

Muchos autores que se han ocupado de la autonomía personal parecen identificar la capacidad de autonomía esencialmente con la capacidad de todo agente racional para identificar preferencias y tomar decisiones conforme a las mismas. Estos autores -entre los que podríamos ubicar a C. Nino- prescinden a menudo de ulteriores elementos o condiciones para su ejercicio. Sin embargo, resulta fundamental ahondar en esos aspectos a veces pasados por alto; ahondar principalmente en las opciones y el proceso de formación de preferencias de (...) los agentes, para delinear mejor los aspectos normativos de la autonomía. En este trabajo propongo recuperar un elemento central del concepto que ha sido extensamente desarrollado en la literatura feminista, me refiero al contexto de relaciones que ha dado lugar a la llamada "autonomía relacional". Propongo incorporar esta noción al núcleo conceptual de la autonomía sin renunciar, sin embargo, a otros elementos del concepto entre los que destacaré las "opciones relevantes", es decir, la presencia de cursos de acción, de oportunidades, que la persona es capaz de reconocer como propuestas no solo viables sino legítimas para sí. Para desarrollar esta idea comenzaré por definir la autonomía a través de los que considero los elementos o condiciones centrales del concepto, deteniéndome especialmente en la condición de opciones relevantes. A continuación se abordará la cuestión relativa al modo en que las opciones se perfilan, se construyen y son percibidas por los sujetos. En este punto el estudio se fijará específicamente en el entorno contextual y de relaciones que sirve de trasfondo para la construcción de las opciones, para proponer la noción de opciones relacionales. Many authors have written about autonomy focusing mainly on the capacity of the autonomous agent for identifying preferences and making decisions. These authors -C. Nino among them- do not take into consideration further elements or conditions for being autonomous. However, it is necessary to take other aspects into consideration; mainly it is important to take account of both options and the building of the agent’s preferences. This way, autonomy normative aspects will be better understood. I propose here to analyse the concept of "relational autonomy", which has been largely elaborated within feminist theory. My aim is to incorporate relations and options to the core of the concept of personal autonomy. In this article, I will define personal autonomy first, highlighting the importance of relevant options. Second, I will describe the way options are built and their perception by the agent. Finally, I will focus on the context and relations on the background, and I will propose the notion of relational options. (shrink)

English today seems to be emerging as a global lingua franca. And a global lingua franca would be a global public good. Characteristically, being non-excludable, public goods are susceptible to free-riding: absent targeted distributive policies, some individuals can accrue a good’s benefits without having contributed to the costs of its production. In this paper, I make two arguments. First, I argue, against Philippe Van Parijs, that Anglophones are not unfairly free-riding on the efforts of non-Anglophones of producing English as a (...) global lingua franca. I defend the view that instances of what counts as unfair free-riding should be limited to free-riding on public goods that are co-operatively produced. Second, I suggest an alternative claim that is available for Van Parijs to make. Van Parijs believes a global lingua franca is required by global justice. This is a highly controversial claim. But if he is right, then Anglophones' free-riding on the global lingua franca while not an instance of unfair free-riding, may be objectionable nonetheless. (shrink)

In contemporary society, as in classical Greece, we need citizens that deliberate well both for themselves and for society overall. Different competitors contend about the right principles in the theory of education. This paper holds that ‘character education’, descending from the ancient ethics of virtues, still represents the best option available for people who want to deliberate well for the common good. A special place in deliberation is taken by legal reasoning because the law is central in the distribution of (...) goods in our society. Rather than focusing only on rules and principles I follow the EV approach and focus on the qualities of the good decision-maker, the reasonable judge. The intellectual virtues of phronesis and techné combine those personal and professional qualities that we want at work in any judge. But it is the exercise of the civic art of rhetoric that expresses at best the public dimension of the reasonable judge. (shrink)

It has become customary in the virtue epistemological literature to distinguish between responsibilist and reliabilist virtue theories. More recently, certain problems affecting the former have prompted epistemologists to suggest that this distinction in virtue theory maps on to a distinction in virtue, specifically between character and faculty virtue. I argue that we lack good reason to bifurcate virtue in this manner, and that this moreover counts in favor of the virtue reliabilist.

Bovine tuberculosis is an important and controversial animal health policy issue in England, which impacts humans, cattle and badgers. The government policy of badger culling has led to widespread opposition, in part due to the conclusions of a large field trial recommending against culling, and in part because badgers are a cherished wildlife species. Animal rights theorists argue that sentient nonhumans should be accorded fundamental rights against killing and suffering. In bovine TB policy, however, pro-culling actors claim that badgers must (...) be culled to avoid the slaughter of cattle. The first part of the paper compares AR theories of Regan, Francione, Cochrane, Garner and Donaldson and Kymlicka in the context of wildlife species. The second part of the paper applies these AR theories to bovine TB and badger control. AR theories are applied to badger control policy options of do nothing, badger culling, and badger vaccination. We conclude that AR theories are strongly opposed to badger culling. In general, culling is prohibited due to a badger’s right to life and its rights against suffering. The AR theories support a do-nothing, i.e. non-culling, non-vaccination approach to badger control. In the case of the AR theories of Regan and Francione, this is based on abolitionist positions with respect to farming. For Cochrane, Garner, and Donaldson and Kymlicka, the do-nothing policy option is preferred because badger vaccination causes a degree of suffering which generally is not for the individual’s benefit. (shrink)

It is common to encounter the criticism that Joseph Raz’s service conception of authority is flawed because it appears to justify too much. This essay examines the extent to which the service conception accommodates this critique. Two variants of this critical strategy are considered. The first, exemplified by Kenneth Einar Himma, alleges that the service conception fails to conceptualize substantive limits on the legitimate exercise of authority. This variant fails; Raz has elucidated substantive limits on jurisdiction within the service conception (...) of authority, albeit reluctantly and equivocally. The second, exemplified by Scott Hershovitz, alleges that the service conception fails to conceptualize procedural limits on the legitimate exercise of authority. He objects that the normal justification thesis fails to deny legitimacy to rational and expert dictators. This argument is more potent, but its force is concealed when it is aimed at the normal justification thesis rather than the quite separate jurisdictional limits of Raz’s theory. Clarifying those jurisdictional aspects of the service conception shows why the first argument fails and exposes the real strength of the second. Both variants have important consequences for our understanding of the service conception. (shrink)

Is personal moral inconsistency a challenge to overcome or embrace? This paper opts for the latter and argues for the Virtue of Encompassing the Contrary (VEC). According to VEC, an individual can balance and realize opposite values or virtues through time virtuously. This paper discusses critically various explanations given for moral inconsistency: Circumstantial Relativism, Moral Opportunism, the Consequentialist Solution, Moral Ambivalence, Kant’s Imperfect Duty and Dancy’s Moral Particularism. The paper argues that VEC fares better in answering the moral challenge of (...) inconsistent behavior. (shrink)

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

El artículo revisa los argumentos a favor y en contra de que el público financie directa y voluntariamente la actividad cultural. Se parte de que los mecanismos de financiación elegidos por las políticas culturales tienen una dimensión ética y no solo una finalidad instrumental. Utilizando el enfoque comparativo propuesto por A. Sen, se investiga si el micro-mecenazgo y otras formas de inversión por parte de los consumidores culturales constituyen formas de mecenazgo ciudadano valiosas desde un punto de vista ético. A (...) pesar de que las políticas culturales a favor del micro-mecenazgo pueden ser acusadas de paternalistas o de mercantilizar la vida cultural, se defiende que el mecenazgo ciudadano es una innovación social que fomenta la responsabilidad social de los consumidores culturales. En tal sentido las políticas culturales deben tener en cuenta que el comportamiento privado de consumo e inversión también es una forma de participación en la vida social. (shrink)

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

According to the ‘integration approach’, interpretations of political concepts should explain that they stand for rights we ought to respect and be both compatible and mutually supporting. I start by clarifying what this means, and proceed to an examination of Ronald Dworkin’s latest argument for value holism. I argue that his argument fails to provide a convincing case for the integration approach. I go on to argue that we nonetheless should accept that interpretations of political concepts should be compatible, because (...) denying it would be inconsistent with, and the fact that ‘ought implies can’. I then provide reasons for thinking that we also cannot really satisfy for any particular concept without giving reasons in term of what fall under other concepts—that is, interpreting the concepts as mutually supporting. We thus have reasons to accept both parts of. Finally, I defend the integration approach from three important objections: First, that it conflates different values; secondly, that it is inconsistent with ordinary language-usage; and thirdly, that it overlooks important telic values. I conclude that none of these compels us to abandon the integration approach. (shrink)