This project explores the political economy, logic, strategies, agents, values, and ethical implications of this latest iteration of modern capitalism, and it seeks to delineate what surveillance capitalism is and what its consequences are for human dignity and worth. Using technologies of which they are ignorant, surveillance capitalists interfere with our ability to become ourselves individually and collectively. Without consent, they invade privacy, impede moral autonomy, harm democracy, and muddle care. Surveillance capitalists also violate a number of foundational ethical principles, (...) failing the standards of Kant, Mill, and Aristotle. I sketch out a broad alternative to surveillance capitalism, one where our media systems are built on decentered understandings of a care-based democracy. Reinvigorating both the press and collective self-government, the caring digital citizen has less need for surveillance, requiring good faith understanding and the moral autonomy to pursue excellence. (shrink)

The claim that, in some nontrivial sense, nursing can be identified with caring has prompted a search for the philosophical foundations of care in the nursing literature. Although the ethics of care was initially associated with Gilligan's ‘different voice’, there has more recently been an attempt – led principally by Benner – to displace the gender perspective with a Heideggerian one, even if Kant is the figure to whom both Gilligan and Benner appear most irretrievably opposed. This paper represents the (...) first half of a double-edged project: initially, to point out that Heidegger explicitly disowns any ethical implications for his ontological thinking, and to argue that no ethical theory (including an ethics of care) can be derived from Being and Time; and then to argue that Kant's categorical imperative is not only compatible with the ethics of care but actively entails it. In this, Heideggerian, part of the argument, I consider three attempts to wrest an ethics from Being and Time– those of Benner, Olafson and Guignon – suggesting that, for different reasons, they all fail. Benner systematically confuses the ontological with the ontic, not recognizing that care, concern and solicitude have ‘deficient’ modes as well as positive ones, and that Heidegger's ontology retrieves the possibility of an ethics-in-general without at any point implying an ethics-in-particular (whether of care or justice). Olafson does recognize this, and to that extent admits his failure, but his efforts to amplify Heidegger's thought in such a way as to generate an ethical theory involve both the importing of Kantian premises, and an appeal to some rather doubtful empirical observations. Guignon resorts to Heidegger's discussion of authenticity, and the idea that authentic Dasein ‘may choose its hero’, suggesting a morally reassuring list of heroes who might fit the bill. However, there is nothing in Heidegger's account of this choice that justifies his confidence, and I conclude by proposing that we should take Heidegger at his word when he says that ontology has ‘no result, no effect’. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 3, Page 313-327, October 2011.

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

This essay explores ethical conflicts underlying the discourse of the policy debate about transracial adoption, focusing on the adoption of Black children by whites. Three underlying conflicts are analyzed, namely, the values of equality versus community, interracial community versus multiculturalism, individuality versus racial-ethnic community. The essay concludes with observations on multicultural families.

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

This essay seeks to introduce representative beliefs, attitudes, policies, and practices from the Confucian tradition concerning the ethical aspects of abortion and bring these into productive engagement with some of the best and most influential philosophical accounts of abortion available in contemporary Anglo-American philosophy. The essay begins with a discussion of the ethical dimensions of abortion and a critical review of two of the best and most influential contemporary Western accounts; it then moves on to describe and discuss an alternative (...) Confucian approach. The aims are to demonstrate the resources within the Confucian tradition for providing a distinctive philosophical account of abortion and to show that comparative work has the potential to augment, amend, and ultimately enrich our understanding of this morally challenging aspect of human life. (shrink)

Recent theories of community aim to think the term beyond its definition as the ownership of shared identity, language, culture or territory. For Esposito, to reduce community to a property whose possession distinguishes members from non-members undermines the commonality the term implies. The common opposes what is proper or one’s own; it belongs to everyone and anyone. Rather than securing identity and belonging, community, defined by its impropriety, disrupts them so that we are in common. While his work successfully illustrates (...) the incompatibility of the common and the proper, it leaves unanswered the question of how communities come to experience their impropriety. Through a comparison with Rancière’s improper community, we can identify and gesture beyond this limit. Its members intervene in proper communities by exercising the right to decide on common matters despite officially having no right to do so. Their actions, by demonstrating the openness of the common to anyone and everyone, turn its privatisation into a shared wrong that connects community with non-community. By supplementing Esposito’s work with Rancière’s, we see how communities relate to what they have deemed improper in a way that both challenges and revitalises their sense of commonality. (shrink)

Recent theories of community aim to think the term beyond its definition as the ownership of shared identity, language, culture or territory. For Esposito, to reduce community to a property whose possession distinguishes members from non-members undermines the commonality the term implies. The common opposes what is proper or one’s own; it belongs to everyone and anyone. Rather than securing identity and belonging, community, defined by its impropriety, disrupts them so that we are in common. While his work successfully illustrates (...) the incompatibility of the common and the proper, it leaves unanswered the question of how communities come to experience their impropriety. Through a comparison with Rancière’s improper community, we can identify and gesture beyond this limit. Its members intervene in proper communities by exercising the right to decide on common matters despite officially having no right to do so. Their actions, by demonstrating the openness of the common to anyone and everyone, turn its privatisation into a shared wrong that connects community with non-community. By supplementing Esposito’s work with Rancière’s, we see how communities relate to what they have deemed improper in a way that both challenges and revitalises their sense of commonality. (shrink)

The justification for advance directives is grounded in the notion that they extend patient autonomy into future states of incompetency through patient participation in decision making about end-of-life care. Four objections challenge the necessity and sufficiency of individual autonomy, perceived to be a defining feature of liberal philosophical theory, as a basis of advance care planning. These objections are that the liberal concept of autonomy (i) implies a misconception of the individual self, (ii) entails the denial of values of social (...) justice, (iii) does not account for justifiable acts of paternalism, and (iv) does not account for the importance of personal relationships in the advance care planning process. The last objection is especially pertinent in light of recent empirical research highlighting the importance of personal relationships in advance care planning. This article examines these four objections to autonomy, and the liberal theoretical framework with which it is associated, in order to re-evaluate the philosophical basis of advance care planning. We argue that liberal autonomy (i) is not a misconceived concept as critics assume, (ii) does not entail the denial of values of social justice, (iii) can account for justifiable acts of paternalism, though it (iv) is not the best account of the value of personal relationships that arise in advance care planning. In conclusion, we suggest that liberalism is a necessary component of a theoretical framework for advance care planning but that it needs to be supplemented with theories that focus explicitly on the significance of personal relationships. (shrink)

Utilitarianism could still be a viable moral and political theory, although an emphasis on justice as distributing burdens and benefits has hidden this from current conversations. The traditional counterexamples prove that we have good grounds for rejecting classical, aggregative forms of consequentialism. A nonaggregative, liberal form of utilitarianism is immune to this rejection. The cost is that it cannot adjudicate when the basic needs of individuals or groups are in conflict. Cases like this must be solved by other methods. This (...) is not a weakness in liberal utilitarianism, on the contrary. The theory clarifies what we should admit to begin with: that ethical doctrines do not have universally acceptable solutions to all difficult problems or hard cases. The theory also reminds us that not all problems are in this sense difficult or cases hard. We could alleviate the plight of nonhuman animals by reducing meat eating. We could mitigate climate change and its detrimental effects by choosing better ways of living. These would imply that most people’s desire satisfaction would be partly frustrated, but liberal utilitarianism holds that this would be justified by the satisfaction of the basic needs of other people and nonhuman animals. (shrink)

This paper shows how most modern theories of justice could require or at least condone international aid aimed at alleviating the ill effects of disability. Seen from the general viewpoint of liberal egalitarianism, this is moderately encouraging, since according to the creed people in bad positions should be aided, and disability tends to put people in such positions. The actual responses of many theories, including John Rawls's famous view of justice, remain, however, unclear. Communitarian, liberal egalitarian, and luck egalitarian thinkers (...) alike have to consider their attitude towards cosmopolitan ideals before they can extend their theories across national borders. The only view of justice that automatically rejects the obligation of international aid based on disability is libertarianism. This is significant for two reasons. Libertarianism is arguably the economic doctrine of globalisation; and its moral appeal to voluntary charity draws attention to the foundations of voluntary corporate social res.. (shrink)

:Justice can be approached from many angles in ethical and political debates, including those involving healthcare, biomedical research, and well-being. The main doctrines of justice are liberal egalitarianism, libertarianism, luck egalitarianism, socialism, utilitarianism, capability approach, communitarianism, and care ethics. These can be further elaborated in the light of traditional moral and social theories, values, ideals, and interests, and there are distinct dimensions of justice that are captured better by some tactics than by others. In this article, questions surrounding these matters (...) are approached with the hermeneutic idea of a distinction between “American” and “European” ways of thinking. (shrink)

When humanity has either suppressed coronavirus disease 2019 or learned to come to terms with its continued existence, governments and corporations probably return to their prepandemic stances. Solutions to the world’s problems are sought from technology and business innovations, not from considerations of equality and well-being for all. This is in stark contrast with the pandemic-time situation. Many governments, at least initially, listened to the recommendations of expert advisers, most notably public health authorities, who proceeded from considerations of equality and (...) common good. I suggest that we should continue on this path when the immediate threat of the disease is over. Other crises are already ongoing—poverty, conflicts, climate change, financial bubbles, and so on—and it would be good to use expert knowledge rather than interests and ideologies in dealing with them. To assist in this, I outline the characteristics of a new kind of counsellor, impartial adviser, who is normatively motivated by a sense of copathy and who takes into account all views, nice and not-so-nice alike. I illustrate the nature and ideological orientation of copathic impartial advisers by placing them on a map of justice and examining their relationships with the main political moralities of our time. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted on humans, policies (...) concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

In this paper, we explore the impact of individualism and collectivism on three basic aspects of ethical decision making - the perception of moral problems, moral reasoning, and behavior. We argue that the inclusion of business practices within the moral domain by the individual depends partly upon individualism and collectivism. We also propose a pluralistic approach to post-conventional moral judgment that includes developmental paths appropriate for individualist and collectivist cultures. Finally, we argue that the link between moral judgment and behavior (...) is related to individualism and collectivism. (shrink)

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

In this essay, I argue that contemporary democratic theory gives insufficient attention to the important contributions dissenting citizens make to democratic life. Guided by the dissident practices of activist women, I develop a more expansive conception of citizenship that recognizes dissent and an ethic of political courage as vital elements of democratic participation. I illustrate how this perspective on citizenship recasts and reclaims women's courageous dissidence by reconsidering the well-known story of Rosa Parks.

Christopher Lasch's True and Only Heaven and Michael Sandel 's Democracy's Discontent are similarly motivated criticisms of consumer society. However, Lasch identifies the ideals animating American consumer society as stemming from a broader humanist impulse, the roots of which he explores and criticizes. This strategy allows Lasch to place his critique of consumerism alongside criticisms of a full range of humanist ideals. Sandel, who articulates a more narrowly focused criticism of consumer society, never links its underlying imperatives to a broader (...) humanism, thus failing to recognize how his alternative, civic republicanism, might share some of the same problems. (shrink)

In the second half of 1944, Jean-Paul Sartre wrote an essay entitled ‘Anti-Semite and Jew’. He analyses what might be termed the moral pathology of the anti-Semite. Such a person, Sartre suggests, has chosen to enact a passion, a passion of hatred. The motive is the desire for ‘impenetrability’ – a disavowal of reasoned argument – and a pleasure taken in the assertion and re-assertion of what is known to be false. Sartre’s essay was written hurriedly and looking back over (...) 70 years, we can see its flaws. But I suggest that the kernel of his analysis of the anti-Semite is compelling, especially in the context of the growth of anti-immigrant prejudice in the UK and elsewhere. Using Sartre as a starting point, I discuss the nature of prejudice and suggest that to counter prejudices, a civic education is needed that emphasises a narrative of liberty. (shrink)

I happened to be reading Andrew Peterson’s Civic Republicanism and Civic Education: The Education of Citizens in England on the weekend that the Queen’s Diamond.

This paper explores the role of deliberation in the context of the capability approach to human well-being from the standpoint of the individual doing the reflecting. The concept of a ‘strong evaluator’ is used develop a concept of the agent of capability. The role of values is discussed in the process of deliberating, particularly the nature of and difference between prudential values and intrinsic values. Some consideration is given to the limits and constraints on deliberation and finally a brief example (...) of deliberation is considered—that of occupational choice. (shrink)

The controversy over the old ideal of “value-free science” has cooled significantly over the past decade. Many philosophers of science now agree that even ethical and political values may play a substantial role in all aspects of scientific inquiry. Consequently, in the last few years, work in science and values has become more specific: Which values may influence science, and in which ways? Or, how do we distinguish illegitimate from illegitimate kinds of influence? In this paper, I argue that this (...) problem requires philosophers of science to take a new direction. I present two case studies in the influence of values on scientific inquiry: feminist values in archaeology and commercial values in pharmaceutical research. I offer a preliminary assessment of these cases, that the influence of values was legitimate in the feminist case, but not in the pharmaceutical case. I then turn to three major approaches to distinguish legitimate from illegitimate influences of values, including the distinction between epistemic and non-epistemic values and Heather Douglas’ distinction between direct and indirect roles for values. I argue that none of these three approaches gives an adequate analysis of the two cases. In the concluding section, I briefly sketch my own approach, which draws more heavily on ethics than the others, and is more promising as a solution to the current problem. This is the new direction in which I think science and values should move. (shrink)

Most Third World feminists consider nationalism as detrimental to feminism. Against this general trend, I argue that “polycentric” nationalism has potentials for advocating feminist causes in the Third World. “Polycentric” nationalism, whose proper goal is the attainment and maintenance of national self-determination, is still relevant in this neocolonial age of capitalist globalization and may serve feminist purposes of promoting the well-being of the majority of Third World women who suffer disproportionately under this system.

Scholarly curiosity about political friendship (the relationship of mutual care among political fellows) is increasing as liberal democracies around the world face radical polarization. Yet one worry persists: can political friendship really exist in contemporary democracies? The objective of this paper is to answer this question in the affirmative. To this end, I investigate whether members of modern polities have reasons to form friendly bonds with one another. The paper has four parts. The first establishes a fundamental desideratum that any (...) consideration must satisfy to count as a reason for political fellows to partake in political friendship. The second evaluates and rejects a line of argument that presents bonds of mutual identification and belonging among political fellows as reasons for political friendship. The third evaluates and rejects a line of argument due to Paul Ludwig that presents the shared utility of political community as a reason for political fellows to engage in friendly practices with one another. Finally, I introduce my own novel argument—the “argument from membership”—for why political fellows have a reason to care for one another. I argue that membership in a functioning political community is indispensably valuable for any individual in virtue of playing a constitutive role in the individual’s attainment of their final ends. I hold that, as constituent parts of the same political community, political fellows have a reason to value one another and, accordingly, to care for one another’s well-being. (shrink)

James Tully's Strange Multiplicity uses the example of indigenous minorities in the white settler colonies of North America to develop a remarkably powerful critique of liberal constitutionalism's rule of uniformity. In proclaiming the identity of all persons before the law, he insists, liberal constitutional arrangements commonly discriminate against indigenous and other minorities. While the force of this critique is undeniable, it nevertheless takes at face value one of the central claims of liberal consitutionalism, namely, its claim to be based on (...) the rule of uniformity. Examination of liberal reflections on the government of subject peoples, most of whom were regarded as being, in Mill's words, “not sufficiently advanced for representative government“, suggests a rather different picture. In place of the rule of uniformity we find a variety of alternatives but, most commonly, an insistence, first, that the government of such peoples should focus on their welfare and eventual improvement rather than on their liberty and, second, that they should be governed as far as possible through their own institutions and structures of authority. The result was a highly differentiated form of rule in which what were believed to be indigenous arrangements were adapted to the joint requirements of improvement and administrative convenience. Thus, what seems to be a powerful commitment to individual liberty on the part of liberal political reason should be seen as simply one element in a broader liberal perspective on the government of populations. At least as important in this perspective as the rule of uniformity is the presumption that some cultures are more advanced than others and a corresponding view of many cultural differences in historical and developmental terms. (shrink)

It may even be held that [the intellect] is the true self of each, inasmuch as it is the dominant and better part; and therefore it would be a strange thing if a man should choose to live not his own life but the life of some other than himself. Moreover . . . that which is best and most pleasant for each creature is that which is proper to the nature of each; accordingly the life of the intellect is (...) the best and the pleasantest life for man, inasmuch as the intellect more than anything else is man. (shrink)

ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

An extension of Alasdair MacIntyre's concept of 'virtues of acknowledged dependence', to include relationships with the non-human world, offers an organising principle for environmental virtue ethics. It situates ecological virtue among more traditional virtues of inter-human relationships, and may thereby contribute to an ethical reconciliation of policies aimed at encouraging ecological virtue with those aimed at protecting the freedoms required for personal autonomy. Within this eudaimonist framework, ecological virtue may be understood and promoted as directly contributing to a good life.

In this paper, I consider the difficult relationship between Rawls, religion and the values that religious believers might consider important in order to lead the good life. Contrary to many of Rawls’ defenders, I argue that at least some of the values that religious citizens are likely to hold cannot be accounted for under Rawls’ theory or under his conception of the good life. I argue that the model of goods which Rawls takes to be part of a thin theory (...) of the good is tied to his belief that under the Original Position justice can be derived from calculations of self-interest alone. To perform my critique, I consider the paradigmatic case of honour in so-called traditional societies. I argue that the way Rawls thematizes primary goods in A Theory of Justice , including concepts like esteem, cannot account for the way honour manifests itself inside traditional communities. I conclude the paper by considering how Rawls might be able to defend his theory against my objection, by considering the relationship between Rawls’ theory, and the rationalization and secularization of society. (shrink)

This essay is not a further contribution to the debate about liberal individualism, the chief topic of discussion in political and social philosophy for the last twenty-five years or more. Nevertheless it is necessary to begin by rehearsing some features of that debate, claims that will be very familiar to contemporary political philosophers. Inspired largely by John Rawls, the modern version of political liberalism has tried to make coherent a conception of politics according to which political affairs should be separated, (...) or at least seriously distanced, from the various moral and religious loyalties and programmes of individuals and groups of citizens. This central contention of Rawlsian liberalism has been expressed in different ways, but according to one of the commonest versions, it is to be interpreted as the view that the right must take precedence over the good. That is to say, in the political sphere, the implementation and application of impartial rules of social justice and civil liberty must take precedence over competing conceptions of what is or is not a valuable way of spending a human life . Another familiar way of expressing the same doctrine says that the state must be neutral with respect to the moral alternatives with which a modern pluralistic society presents its members. This claim about state neutrality is most easily illustrated by a notable example; whether homosexuality is morally wrong or not is not the business of the legislator, and thus the goodness or badness of a gay lifestyle is a matter on which the law should be neutral. (shrink)

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

A question that has recently attracted considerable attention is this: What is the nature and significance of the normative relationship a person bears to herself ? On one view, it is held that persons are self-owners : as Locke put it in one of the more famous passages in the Second Treatise : [E]very man has a property in his own person : this no body has any right to but himself. The labour of his body, and the work of (...) his hands, we may say, are properly his. (shrink)

Korean civil society is often criticized because of its dual nature, that is, the paucity of social capital in everyday life and the plethora of collective political actions in the national civil society. Although liberals view such duality as the critical impediment to Korea’s authentic democratization, which would represent a fundamental, liberal-pluralist transformation of Korean society, this article rather acknowledges its cultural uniqueness and utilizes it as the basis on which to construct a Korean non-liberal democracy that is culturally pertinent (...) and politically viable. First, this article critically re-examines the recent neo-Tocquevillian praise for social capital in light of Tocqueville’s original idea on the art of association, and reveals the liberal-individualistic assumption behind them, with which Confucian-Koreans are culturally unfamiliar. It presents a Korean version of Confucian civil society to promote democratic collective self-government and common citizenship, while rejecting modern Western moral individualism. (shrink)

While the common law may result in justice between heterosexual intimate partners in particular claims for a beneficial interest in the family home, it does so on its own terms—terms drawn up according to contractarian principles reflecting male sex-right, that subsist even as the world and the institution of marriage (and marriage-like relationships) have changed. This paper uses examples from the case law across four common law jurisdictions to expose the terms on which the contractarian nature of intimate partner trusts (...) permits claims for a distribution of intimate partners’ property, and how it excludes. In particular, it identifies the pervasiveness of the sexual contract in subsuming women’s expression of individualism to those of her intimate partner, and the implications of this for the derivation of a property interest in the family home. (shrink)

John Rawls's A Theory of Justice has reshaped liberal political theory, but what fruitful arguments does it generate today, fifty years after its publication? To show Theory's productive contempora...

Although previous treatments of affective injustice have identified some particular types of affective injustice, the general concept of affective injustice remains unclear. This article proposes a novel articulation of this general concept, according to which affective injustice is defined as a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I sketch an approach to the philosophical investigation of affective injustice that begins by establishing which affective goods are fundamental, and (...) then considers which subsidiary goods—such as freedoms, resources, opportunities, and forms of recognition—may be necessary for the provision of those fundamental affective goods. Drawing from and developing ideas in the extant literature, I argue that two such fundamental affective goods include subjective well-being and emotional aptness. I then show that by analyzing deprivations of the subsidiary goods that enable a person to pursue and attain subjective well-being and emotional aptness, it is possible to shed new light on the cases of affective injustice that have been described in the extant literature, while also identifying other kinds of cases that have not been theorized to the same extent. (shrink)

Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...) wrong?; and in Rawls's unsuccessful attempts to justify to acting agents their interest in such a right, embodied in his conception of agents as ?self-validating sources of claims.? A self-validating source of claims is akin to God as envisioned by voluntarist theologians such as Ockham. Leibniz's critique of voluntarism, then, is applicable to the Rawlsian subject: like the voluntarist God, she would be unable to act if it were indeed the case that her action validated itself. (shrink)

The debate over encumbered versus unencumbered selves that characterized the dialogue between liberalism and republicanism did not end well. Neither side seemed enlightened by its encounter with the other, as it became increasingly difficult to pin down the differences between the sides, never more so than when Michael Sandel was violently agreeing with Richard Dagger. Drawing on the work of novelist and philosopher Iris Murdoch, this essay argues that Sandel could have made a much stronger argument for his view than (...) he did. Sandel need not have conceded or concluded that encumbered selves are unable to choose freely. Freedom is a more subtle and complicated concept that either Sandel or Dagger recognize. (shrink)

This essay considers principles of distributive justice for access to reproductive biotechnologies which make it is possible to enhance the traits of human offspring. I provide prima facie reason to think that redistributive principles apply to genetic goods and proceed to evaluate the way in which four distributive patterns - egalitarianism, luck egalitarianism, prioritarianism, and sufficientarianism - would implement a just distribution of genetic goods. I argue that the currency of genetic redistribution consists in natural primary goods like health, vision, (...) and rationality as these goods contribute to the biological component of basic capabilities, like being healthy, seeing properly, and being able to reason. I develop a mixed sufficiency/priority approach to genetic enhancement, and defend this approach against objections. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the spirit of (...) the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

This article proceeds from the assumption that the transition to socialism must take account of individuals as they are, not as they might be. The emphasis on the individual appears to be inconsistent with the marxian basis of socialist thought. Attempts to resolve this inconsistency have led marxists to concentrate on cultural and psychological explanations of people within capitalist society. We criticise these attempts, and argue for a view of the individual in society which recognises personal autonomy yet acknowledges the (...) role of structural forces in social change. Given this model, we then ask if there is any indication of individual changes within contemporary capitalism which promote the transition to socialism. In contrast to the pessimistic interpretations which dominate the literature, we argue that the present psychological and cultural states of individuals within capitalism can engender socialist change. (shrink)

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

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to (...) the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

In the educational sphere, the concept of democracy is used in many and varied ways, though the hegemonic school culture often starts from a concept of democracy that is taken for granted, and it is understood that the entire educational community shares a similar concept. As a result of the research project “Democracy, participation and inclusive education in schools” we realized that the above-mentioned concept is used without being accurately defined in the school setting. This observation is what has prompted (...) us to write this article, basically structured in two parts. In the first part, based on the theoretical debate occurring in the field of social sciences, we delimit the concept of democracy and structure it in four basic dimensions: governance, inhabitance, otherness and ethos. In the second part, we specify and examine in depth these four dimensions in the school setting in order to construct a broad and transversal, yet specific, definition, with which to be able to develop ambitious democratic projects and, in turn, contribute to scientific debate. (shrink)

Despite its prominence in traditional societies and its apparent commonsense appeal, the moral tradition of Role Ethics has been largely neglected in mainstream normative theory. Role Ethics is the view that the duties and/or virtues of social life are determined largely by the social roles we incur in the communities we inhabit. This essay aims to address two of the main challenges that hinder Role Ethics from garnering more serious consideration as a legitimate normative theory, namely that it is ill-suited (...) to support a theory of right action that can enhance moral reasoning, and that it countenances certain unjust roles such as that of slave or slave-owner. Taking inspiration from contemporary social science, we argue that proponents of Role Ethics can adopt a view that reduces the apparent diversity of role obligations to four prototypical types of role duties. We propose a contemporary version of Role Ethics that coheres with human moral psychology, and which lends itself to a relatively pragmatic theory of right action that precludes the possibility of unjust roles. (shrink)