The tendency of classical politics to embed the individual in universal and transcendental patterns of action followed in part from the recognition of the futility of unpredictable action oriented to the individual's transient personal future. By contrast, F. A. Hayek argues for liberalism and the rule of law because it is instrumental to the achievement of human ends. Michael Oakeshott, however, claims that freedom is a value in itself, and that liberalism should emphasize moral autonomy because the moral life is (...) public and not oriented to external ends. The moral life intimates a form of self‐sufficiency in action, and self‐sufficient action is timeless in the sense of being indifferent to either the past or the future. Oakeshott returns liberalism to the problems of classical politics without recourse to the dictatorial imposition of a single substantive good. (shrink)

Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of (...) feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination. (shrink)

In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...) and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law. (shrink)

O artigo procura mostrar em que sentido a democracia deliberativa proposta pela teoria discursiva de Jürgen Habermas dá conta do problema dos reducionismos econômicos e juridificantes da mundialização ou globalização, entendida como uma colonização técnico-sistêmica do mundo da vida. Recorrendo a sua concepção de um ethos democrático transnacional embasado na soberania popular, a teoria habermasiana logra resgatar o caráter normativo da mundialização através da irredutibilidade de valores humanos como a liberdade, a dignidade e os direitos humanos, inerentes às mais diferentes (...) e incompatíveis autocompreensões de mundos da vida. (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)

No Leviathan o poder (power) pode ser entendido em dois sentidos diferentes, cuidadosamente diferenciados em sua versão latina pelo emprego dos termos potentia e potestas para traduzir, a depender do contexto e do tipo de poder em questão, o inglês power. Potentia e potestas, embora sejam tipos de poder de natureza distinta - um, o poder físico que os corpos têm de produzir efeitos uns nos outros; outro, o poder jurídico, do qual resultam efeitos jurídicos como a própria justiça -, (...) estão mutuamente implicados na trama das representações jurídicas. Esse artigo pretende explorar as consequências que se seguem deste conceito ambivalente do poder para se pensar a justiça e o direito natural. (shrink)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents an (...) assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.

Whether or not Strauss's observation is historically accurate, it does suggest two sets of questions for philosophical examination. (1) Is Strauss correct to view natural duties and natural rights as the same type of ethical concept? Do they serve the same function? Do they work on the same level, and are they necessarily in competition with each other? (2) Does saying that the individual human being is the center of the moral world require that one reject the idea of a (...) human end, or telos? Does accepting the ethical centrality of a human telos require that one reject ethical individualism? Are they mutually exclusive?Footnotes* For criticism, we are grateful to the other contributors to this volume and to its editors, as well as Paul Gaffney. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

Stories in the Zhuangzi detailing expert artisans and other extraordinary people are often read as celebrations of “skills” or “knacks.” In this paper, I will argue that they would be more accurately understood as “coping” stories. Taken as a celebration of one’s “skill” or “knack” they transform the Zhuangzi into an implicit advocate of conforming to, or even identifying with, one’s social roles. I will argue that the stories of artisans and extraordinarily skilled people are less about cultivating one’s talents (...) so as to “find one’s calling,” better fulfill social expectations, or achieve oneness with Dao, than they are concerned with developing strategies for coping with natural and social contingencies. Read in this way, there is much to learn from the Zhuangzi when reflecting on contemporary social and political issues, especially those related to meritocratic hubris. (shrink)

Volume 11, Issue 1, March 2019, Page 68-83.

In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social identities, causing problems of identification in the public life and hindering the expression of moral feelings and actions, thus revealing a weakness in public morality. This is a space that Confucianism has not yet been (...) able to cover, and also where it has room for growth. (shrink)

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values (...) that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time. (shrink)

In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social identities, causing problems of identification in the public life and hindering the expression of moral feelings and actions, thus revealing a weakness in public morality. This is a space that Confucianism has not yet been (...) able to cover, and also where it has room for growth. (shrink)

Some theorists have argued recently that Berlinian value pluralism points not to liberalism, as Berlin supposed, but, in effect, to some form of communitarianism. To what extent is this true, and, to the extent that it is true, what kind of communitarianism fits best with the pluralist outlook? I argue that pluralists should acknowledge community as an important source of value and as a substantial value in itself, but they should also be prepared to question traditions and to respect values (...) other than community. In particular, pluralism points to personal autonomy as playing a special role when we must choose among incommensurable goods in conflict. Consequently, the pluralist outlook is at odds with conservative communitarianisms that tend to place existing traditions beyond question, and with radical variants of communitarianism, such as Marxism and classical anarchism, which look forward to future communities in which the need to cope with hard public choices has largely been eliminated. Rather, Berlinian pluralism fits best with a liberal or moderate kind of communitarianism that balances community with other goods, especially personal autonomy. (shrink)

Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls’s theory of justice was famously criticised by Robert Nozick, who in turn attracted an influential critique from G. A. Cohen. The story of these critiques is well known, but this article tells it in an unfamiliar way. The common theme in Nozick’s and Cohen’s arguments, I contend, is (...) that there is a way of thinking about social justice that focuses not primarily on institutions, but rather on interpersonal relationships. I call this idea small justice. Justice, on this view, is identified with whatever institutions would arise through a process of social evolution from ethical interpersonal dealings repeated consistently over time. (shrink)

Este ensayo analiza la conjunción libertad/autoridad defendida por el republicanismo clásico. Como pensador moderno, Maquiavelo recupera esta síntesis clásica y define la autoridad como la condición de posibilidad de la libertad. Pero, como muestra Eric Nelson, el republicanismo de Maquiavelo es más ateniense que romano. El republicanismo de Michael Sandel tiene una orientación similar. Basado en la ontología social desarrollada por Arendt y Taylor, Sandel postula el valor intrínseco de las nociones de participación y soberanía popular. De este modo, él (...) puede refutar la objeción de Rorty y su interpretación idiosincrática de Dewey. Según Sandel, Dewey critica el rechazo liberal de la autoridad y es capaz de articular orgánicamente la autoridad democrática y la libertad. This essay analyzes the conjunction freedom/authority defended by classical republicanism. As a modern thinker, Machiavelli retrieves this classical synthesis and defines the authority of law as the condition of possibility for freedom. But, as Eric Neson shows, Machiavelli's republicanism is more Athenian than Roman. Michael Sandel's democratic republicanism has a similar orientation. Besed on the social ontology developed by Arendt and Taylor, Sandel postulates the intrinsic value of the notions of participation and popular sovereignty. In this way he can refute Rorty's objections and his idiosyncratic interpretation of Dewey. According to Sandel, Dewey criticizes liberalism's rejection of authority and is able organically to articulate democratic authority and freedom. (shrink)

What would my life have been like if I had been born more intelligent? Or taller? Or a member of the opposite sex? Or a non-biological being? It is plausible that some of these questions make sense, while others stretch the limits of sense making. In addressing questions of how I might have been, genetic essentialism is popular, but this article argues that genetic essentialism, and other versions of origin essentialism for organisms, must be rejected. It considers the prospects for (...) counterpart theory and shows how counterpart theory can be used to illuminate volitional accounts of identity as proposed by Harry Frankfurt. This enables one to make sense of claims that, say, being gay, or Deaf, or Black, can be essential to someone's identity. The discussion is then extended to show how it can be made applicable to the transworld identity theorist who denies that individuals possess essential properties. (shrink)

There are two principal philosophical conceptions of socialism, corresponding to two interpretations of the notion of a rational society. The first conception corresponds to an instrumental view of social rationality. Captured by the image of socialism as “one big workshop,” the instrumental view holds that social ownership of the means of production is rational because it promotes the optimal development of the productive forces. Social ownership is optimal because it eliminates the costs of coordination imposed by the conduct of economic (...) activities in formally independent enterprises, and, more generally, overcomes fetters on development that result from the control of resources by individuals whose particular interests imperfectly correspond to a general interest in productive advance. (shrink)

Critical literatures, and public discourses, on public health policies and practices often present fixated concerns with paternalism. In this paper, rather than focus on the question of whether and why intended instances of paternalistic policy might be justified, we look to the wider, real-world socio-political contexts against which normative evaluations of public health must take place. We explain how evaluative critiques of public health policy and practice must be sensitive to the nuance and complexity of policy contexts. This includes sensitivity (...) to the ‘imperfect’ reach and application of policy, leading to collateral effects including collateral paternalism. We argue that theoretical critiques must temper their demandingness to real-world applicability, allowing for the detail of social and policy contexts, including harm reduction: apparent knock-down objections of paternalism cannot hold if they are limited to an abstract or artificially-isolated evaluation of the reach of a public health intervention. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state-funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals' future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision-making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision-making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds' Investment Management Board to invest in the state government's corrections authority. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state‐funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals’ future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision‐making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision‐making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds’ Investment Management Board to invest in the state government's corrections authority. (shrink)

Patient consent has been formulated in terms of radical individualism rather than shared benefits. Medical education relies on the provision of patient consent to provide medical students with the training and experience to become competent doctors. Pelvic examination represents an extreme case in which patients may legitimately seek to avoid contact with inexperienced medical students particularly where these are male. However, using this extreme case, this paper will examine practices of framing and obtaining consent as perceived by medical students. This (...) paper reports findings of an exploratory qualitative study of medical students and junior doctors. Participants described a number of barriers to obtaining informed consent. These related to misunderstandings concerning student roles and experiences and insufficient information on the nature of the examination. Participants reported perceptions of the negative framing of decisions on consent by nursing staff where the student was male. Potentially coercive practices of framing of the decision by senior doctors were also reported. Participants outlined strategies they adopted to circumvent patients’ reasons for refusal. Practices of framing the information used by students, nurses and senior doctors to enable patients to decide about consent are discussed in the context of good ethical practice. In the absence of a clear ethical model, coercion appears likely. We argue for an expanded model of autonomy in which the potential tension between respecting patients’ autonomy and ensuring the societal benefit of well-trained doctors is recognised. Practical recommendations are made concerning information provision and clear delineations of student and patient roles and expectations. (shrink)

The aim of the paper is to clarify what is properly common to the common good and to support its irreducibility as a guarantee of overcoming an atomistic conception of civil society. We begin by addressing the notion of individual freedom and the questioning of the selfish condition of the human being. Then, we delve into the normative possibilities offered by an ethical interpretation of the common good. The difference of the common good from other notions used in late-modern discourses (...) is key in determining the intrinsic commonality of social relations. In concluding, we argue for a conception of the common good that accommodates individual freedom, understanding it no longer in isolation, but as part of intersubjectivity. (shrink)

Autonomy as a personal ideal presupposes a conception of the self who owns and rules in a life that exemplifies the ideal. Philosophical discussion of autonomy continues to be injuenced by the thesis that the governing core of the self resides in our capacities for disengaged rational reflection, even when the thesis is not explicitly avowed. This conception of autonomy is shown to be inadequate because it alienates us from what matters in our lives. An alternative conception of autonomy is (...) presented that accords a substantial role to rejection and choice within an autonomous life without falling preq, to the charge of alienation. Some divergent implications of the two rival conceptions of autonomy for an understanding of liberal education are examined. Finally, the question of the value of autonomy from a social perspective is briefly discussed. (shrink)

Autonomy as a personal ideal presupposes a conception of the self who owns and rules in a life that exemplifies the ideal. Philosophical discussion of autonomy continues to be injuenced by the thesis that the governing core of the self resides in our capacities for disengaged rational reflection, even when the thesis is not explicitly avowed. This conception of autonomy is shown to be inadequate because it alienates us from what matters in our lives. An alternative conception of autonomy is (...) presented that accords a substantial role to rejection and choice within an autonomous life without falling preq, to the charge of alienation. Some divergent implications of the two rival conceptions of autonomy for an understanding of liberal education are examined. Finally, the question of the value of autonomy from a social perspective is briefly discussed. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)

The analysis presented here lays out the ethical warrants for requiring community oversight of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research is (...) justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. (shrink)

In Giorgio Agamben’s eyes, Immanuel Kant’s work is the modern philosophical harbinger of the catastrophic ‘state of exception’. By focusing on the latter’s ‘author/subject corrective’, I make the connection between Agamben and Kant’s Critique of Pure Reason more apparent. In doing so, I show how Kant’s corrective instrumentalises autonomy in such a way that it compromises the validity it seeks to rationalise; it does so by separating the individual from actuality, by ostracising law from political challenge, and by conflating individual (...) and state interests. Taken together, these three undercurrents are defining features of Agamben’s ‘Homo Sacer’ series. (shrink)

In Giorgio Agamben’s eyes, Immanuel Kant’s work is the modern philosophical harbinger of the catastrophic ‘state of exception’. By focusing on the latter’s ‘author/subject corrective’, I make the connection between Agamben and Kant’s Critique of Pure Reason more apparent. In doing so, I show how Kant’s corrective instrumentalises autonomy in such a way that it compromises the validity it seeks to rationalise; it does so by separating the individual from actuality, by ostracising law from political challenge, and by conflating individual (...) and state interests. Taken together, these three undercurrents are defining features of Agamben’s ‘Homo Sacer’ series. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

Consequentialism is often criticized for failing to accommodate impersonal constraints and personal options. A common consequentialist response is to acknowledge the anticonsequentialist intuitions but to argue either that the consequentialist can, after all, accommodate the allegedly recalcitrant intuitions or that, where accommodation is impossible, the recalcitrant intuition can be dismissed for want of an adequate philosophical rationale. Whereas these consequentialist responses have some plausibility, associational duties represent a somewhat different challenge to consequentialism, inasmuch as they embody neither impersonal constraints nor (...) personal options, but rather personal constraints. Our intuitions about associational duties resist capture within the intellectual net of consequentialism, and such duties do admit of a philosophical rationale at least as plausible as anything the consequentialist has to offer. (shrink)

The main purpose of this paper is to defend traditional ethical theory (utilitarianism and deontology) for its application in business against a more recent model consisting of utility, rights, and justice. This is done in three parts: First, we provide a conceptual argument for the superiority of the traditional model; second, we demonstrate these points through an examination of three short cases; and third, we argue for the capability of the traditional model to account for universals and particulars in ethics.

Against the backdrop of emerging medical technologies that promise transgression of temporal limits, this paper aims to show the importance that an individual lifetime’s finitude and fugacity have for the question of the good life. The paper’s first section examines how the passing of an individual’s finite lifetime can be experienced negatively, and thus cause “suffering from the passing of time.” The second section is based on a sociological analysis within the conceptual framework of individualization and capitalism, which characterizes many (...) modern individualized and consumerist societies and explains how the described problem of time’s passage is particularly relevant today. The paper then proceeds to show and discuss how individuals employ various, primarily medical, enhancement-technologies like social egg freezing, anti-aging-medicine and physical- and neuro-enhancement in an attempt to overcome time’s passing. Finally, the paper seeks to explain why such attempts fail and, moreover, why it is exactly the awareness of time’s passing that can constitute a prerequisite for a good life. (shrink)

Roger Silverstone proposed media hospitality as an important element of media ethics. I agree that media hospitality can make a valuable contribution to media ethics. However, I have doubts about grounding media hospitality in what has been referred to as the “deductive abstractions and absolutist language of much media ethics theorizing” founded on Enlightenment assumptions. Despite his own reservations about Enlightenment theorizing, I propose that Silverstone's account ultimately suffers from these problems of abstraction and absolutism, as seen most clearly from (...) the vantage point of Alasdair MacIntyre's neo-Aristotelian theory of virtue ethics. (shrink)

The connection is made between the Royal Museum of Scotland and encyclopaedia, one of MacIntyre's three rival versions of moral enquiry. It is then asked how MacIntyre's other two methods, genealogy and tradition‐constituted enquiry, would function within a museum. It is proposed that the museum fulfils Haldane's criterion for tradition‐constituted enquiry in that it combines the immanence and open‐endedness of the methods of enquiry with transcendence in the objects of enquiry. The ethical judgments of the visitors constitute transcendent truth in (...) morality; hence one can see the museum as a site of Aristotelian enquiry. -/- To pursue this, the museum is explored as a site of Aristotelian study or theoria, and of MacIntyre's updated Aristotelianism. Therein we study the narratives written by historians and by individuals in a version of Aristotelian epagogê, or the sifting of the opinions of the many and the wise. This process may also enhance civic friendship and our exercise of practical wisdom towards disadvantaged groups. -/- Finally, MacIntyre's three rival versions of moral enquiry are returned to, and a museum characterised for each. All three are found to involve seriousness in the purposes of enquiry. Attention is drawn to MacIntyre's criticism of the interaction of bureaucracy and social science. It is proposed that such interaction may, in the case of the museum, dilute its seriousness as a site of enquiry. (shrink)