The proposal I offer attempts to remedy the inadequacies of exclusive focus on well-being for moral purposes. The proposal is this: We should allow the agent to decide for herself where she wants to throw the weight that is her due in moral reflection, with the proviso that she understands the way that her weight will be aggregated with others in reaching a moral outcome. I will call this the "autonomy principle." The autonomy principle, I claim, provides the consequentialist's best (...) prospect for taking people into account morally in a way that they endorse. (shrink)

One of the most common policy-related messages that economists present to non-economists is the superiority of cash over in-kind transfers as a policy tool. A good deal of government policy on behalf of the poor consists, of course, of various forms of in-kind assistance, such as medical care or food stamps. However, if we wish to help the poor, the argument goes, in-kind transfers are an inferior way to do so.

A distinctive feature of modern capitalist societies is the tendency of the market to take over the production, maintenance, and distribution of goods that were previously produced, maintained, and distributed by nonmarket means. Yet, there is a wide range of disagreement regarding the proper extent of the market in providing many goods. Labor has been treated as a commodity since the advent of capitalism, but not without significant and continuing challenges to this arrangement. Other goods whose production for and distribution (...) on the market are currently the subject of dispute include sexual intercourse, human blood, and human body parts such as kidneys. How can we determine which goods are properly subjects of market transactions and which are not? The purpose of this article is to propose a theory of what makes economic goods differ from other kinds of goods, which can help to answer this question. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality based simply on (...) the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (shrink)

Fairness is a central, but under-theorized, notion in moral and political philosophy. This paper makes two contributions. Firstly, it criticizes Broome’s seminal account of fairness in Proc Aristotelian Soc 91:87–101, showing that there are problems with restricting fairness to a matter of relative satisfaction and holding that it does not itself require the satisfaction of the claims in question. Secondly, it considers the justification of lotteries to resolve cases of ties between competing claims, which Broome claims as support for his (...) theory, and contrasts random procedures to contests of skill, which may also be considered lotteries in a broader sense. I offer no alternative account of fairness of my own, but hope to point the way for future research on the nature of fairness. (shrink)

Theories of happiness usually consider happiness as something that matters to us from a first-person perspective. In this paper, I defend a conception of public happiness that is distinct from private or first-person happiness. Public happiness is presented as a feature of the system of right that defines the political relationship between citizens, as opposed to their personal mental states, desires or well-being. I begin by outlining the main features of public happiness as an Enlightenment ideal. Next, I relate the (...) distinction between the political and the personal to the distinction between having normative reasons for a particular political arrangement and merely having a ‘pro-attitude’ towards a state of affairs that accords with one's preferred definition of happiness. Following this, I demonstrate why well-being, understood as a normative rather than a purely descriptive conception of personal happiness, nevertheless cannot serve as a normative reason in the political domain. In the final section, I show why normative reason-giving matters for the relationship between citizens, and how such reason-giving relates to public happiness. (shrink)

In this chapter I want to take up some of the problems that must be faced by any defender of the objectivity of ethics who wishes to make sense of the actual complexity of the subject. The treatment will be general and very incomplete. Essentially I shall discuss some examples in order to suggest that the enterprise is not hopeless.

How much are we morally required to do to aid others? After articulating some of the main contributions to this debate, I defend the position that we are sometimes morally permitted to spend our time and resources satisfying our own interests and needs rather than using them to aid others who are in desperate need. I argue that the duty to aid the needy should not always take priority over every other end we have. Whatever else we value, we most (...) highly value the ability and opportunity to live our lives on our own terms; this grounds both our obligation to aid others and places limits on how far these obligations ought to extend. Persons ought to respect others and fulfill their moral obligations but they must also be given the moral space to set ends and pursue those ends just because they are theirs. (shrink)

This is a comprehensive anthology of works concerning the nature of economics as a science, including classic texts and essays exploring specific branches and schools of economics. Apart from the classics, most of the selections in the third edition are new, as are the introduction and bibliography. No other anthology spans the whole field and offers a comprehensive introduction to questions about economic methodology.

Healthcare (including public health) is special because it protects normal functioning, which in turn protects the range of opportunities open to individuals. I extend this account in two ways. First, since the distribution of goods other than healthcare affect population health and its distribution, I claim that Rawls's principles of justice describe a fair distribution of the social determinants of health, giving a partial account of when health inequalities are unjust. Second, I supplement a principled account of justice for health (...) and healthcare with an account of fair process for setting limits or rationing care. This account is provided by three conditions that comprise "accountability for reasonableness.". (shrink)

In this paper I argue that the political and economic domains are analogous for distributive purposes. The upshot of this conclusion is that because we normally think that an unequal distribution of votes is objectionable even if these inequalities are strictly necessary to improve the lives of less informed voters, so we should conclude that an unequal distribution of resources might be similarly objectionable even if strictly necessary to make the worse off better off. Leveling down economic resources is therefore (...) sometimes morally permissible. I consider and reject three types of objections to this view. (shrink)

Many believe that paternalism is less wrong in intimate relationships. In this paper, we argue that this view cannot be justified by appeal to (i) beneficence, (ii) shared projects, (iii) vulnerability, (iv) epistemic access, (v) expressivism, or (vi) autonomy as nonalienation. We finally provide an error theory for why many may have believed that paternalism is less wrong in intimate relations.

This paper presents a new analysis of the concept of non-instrumental need, and, using it, demonstrates how a need-satisfaction theory of well-being is much more plausible than might otherwise be supposed. Its thesis is that in at least some contexts of evaluation a central part of some persons’ well-being consists in their satisfying certain “personal needs”. Unlike common conceptions of other non-instrumental needs, which make those out to be moralised, universal, and minimal, personal needs are expansive and particular to particular (...) persons, generated rather by persons’ non-moral personal commitments. Against objections to the contrary, I show how these are genuine necessities, since unlike mere desires and freely escapable aims, personal needs constitute objective, inescapable, and non-compensable practical requirements. The personal-need-satisfaction theory of well-being combines objectivity with subject-dependence in novel ways, and motivates well-being pluralism at the level of individual agency. Implicating necessity as it does in the structure of individual well-being, this account presents a robust challenge to ethical and political theories that rely on the intrapersonal aggregation of well-being to be unproblematic. (shrink)

What, if anything, do we owe others as a basic minimum? Sufficiency theorists claim that we must provide everyone with enough – but, to date, few well-worked-out accounts of the sufficiency threshold exist, so it is difficult to evaluate this proposition. Previous theories do not provide plausible, independent accounts of resources, capabilities, or welfare that might play the requisite role. Moreover, I believe existing accounts do not provide nearly enough guidance for policymakers. So, this article sketches a mechanism for arriving (...) at an account of the minimally good life that can help locate the sufficiency threshold. (shrink)

Most people have a clear sense of what they mean by disability, and have little trouble identifying conditions they consider disabling. Yet providing a clear and consistent definition of disability is far from straightforward. Standardly, disability is understood as the restriction in our abilities to perform tasks, as a result of an impairment of normal physical or cognitive human functioning. However, which inabilities matter? We are all restricted by our bodies, and are all incapable of performing some tasks, but most (...) of these inabilities are not considered disabilities. If, then, we are to avoid the category of disability becoming overly broad—and thus politically and practically useless—we need some way of picking out the specific inabilities that are disabling. I argue that our answer should be informed by an account of the opportunities individuals are entitled to be able to perform as a matter of justice. Thus, to be disabled is to have these opportunities restricted, and not to deviate from the species norm or lack any ability that might improve our well-being. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

It is customary to think that Objective List (“OL), Desire-Satisfaction (“D-S”) and Hedonistic (“HED”) theories of prudential value pretty much cover the waterfront, and that those of the three that are “subjective” are naturalistic (in the sense attacked by Moore, Ross and Ewing), while those that are “objective” must be Platonic, Aristotelian or commit the naturalist fallacy. I here argue for a theory that is both naturalistic (because voluntaristic) and objective but neither Platonic, Aristotelian, nor (I hope) fallacious. In addition, (...) this proposal, called “CHOICE,” is an example of neither an OL, D-S, nor HED theory. It is a theory according to which uncoerced choosings create objective values that we (even everyone) may be wrong about, because valuations are conative rather than epistemic activities. On this view, intrinsic prudential goods necessarily involve likely (pursuant to lawlike regularities) net increases in successful free choosings . (shrink)

According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...) whether her choice leads to a decline in her best interests, since to disrespect patient choice would be an instance of ‘unwarranted’ paternalism. This thesis defends the claim that in cases where patient consent comes into conflict with her best interests, paternalistic interference is in fact justified. The ambition of the thesis is thus twofold: in the first place I argue that the doctrine of informed consent cannot be used as an ethical guarantor for medical decision making. Secondly I will conclude that hard paternalism is justified in medical practice, thereby calling for a reversal of the prioritisation of informed consent procedures over the medical practitioner’s duty of care. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

:Contemporary behavioural economics has documented common failures of reasoning that apparently make possible policies that benefit individuals by contravening or correcting their judgements. These policies appear to be paternalistic, even though a traditional view would deny that they are paternalistic on the grounds that policies such as nudges do not restrict individual liberty. It appears to many that a new definition of paternalism that takes its cue from behavioural economics is needed. Furthermore, if one revises the definition of paternalism, one (...) must revisit traditional views concerning whether paternalist policies are wise. In Government Paternalism, Julian Le Grand and Bill New make a valuable start, although some corrections are needed. This essay provides a general setting for revising the definition of paternalism and suggests a revised definition of paternalism. (shrink)

The question of what constitutes human flourishing elicits an extraordinary variety of responses, which suggests that there are not merely differences of opinion at work, but also different understandings of the question itself. So it may help to introduce some clarity into the question before starting work on one answer to it.

Drawing on empirical evidence in medicine, economics, law, and anthropology, I argue that a market is uniquely capable of meeting the demand for transplantable kidneys, and that it may be arranged so as to operate safely. The welfare gains, expected to accrue to both vendors and recipients, are sufficient to justify sales. Having spelled out the considerations recommending a kidney market, I address the most forceful objections facing the proposal. Despite its currency, the claim that incentives will crowd out altruistic (...) donors and result in a decrease in supply is empirically unsupported and predicated on an implausible view of donorsâ motives. A host of objections claim vendorsâ will not give informed consent. Many such objections identify easily remediable problems, or impose unreasonable standards â standards that would rule out morally permissible kidney donation. And all presuppose a model of morally transformative consent that, I argue, is deficient. Two further challenges point to harms inflicted on those who do not participate in the market. Some claim that those in poverty will be subject to harmful social and legal pressure to vend. This objection fails to distinguish between being pressured to perform a specific act, and being under general economic pressure and having the option to perform an act. It, moreover, presupposes vending more common than is possible. Others worry that the market will give rise to unfair pecuniary externalities. This objection also presupposes that kidney sales will occur more often than is possible. But more importantly, the normative consideration that is supposed to make such externalities especially objectionable, in fact, recommends allowing sales. I also make a political case for kidney sales. I offer an account of the stateâs proper role in the market. I begin with a conception of democratic equality according to which the state is responsible to secure for its citizens the preconditions for democratic participation. I then show that this end would be promoted were the state to end the current prohibition on sales. (shrink)

ABSTRACT:This paper examines the norms that should guide policies aimed at promoting happiness or, more broadly, well-being. In particular, we take up the question of which conception of well-being should govern well-being policy, assuming some such policies to be legitimate. In answer, we lay out a case for ‘pragmatic subjectivism’: given widely accepted principles of respect for persons, well-being policy may not assume any view of well-being, subjectivist or objectivist. Rather, it should promote what its intended beneficiaries see as good (...) for them: pleasure for hedonists, excellence for Aristotelians, etc. Specifically, well-being policy should promote citizens’ ‘personal welfare values’: those values—and not mere preferences—that individuals see as bearing on their well-being. Finally, we briefly consider how pragmatic subjectivism works in practice. While our discussion takes for granted the legitimacy of well-being policy, we suggest that pragmatic subjectivism strengthens the case for such policy. (shrink)

Many hold that distributing healthcare according to medical need is a requirement of equality. Most egalitarians believe, however, that people ought to be equal on the whole, by some overall measure of well-being or life-prospects; it would be a massive coincidence if distributing healthcare according to medical need turned out to be an effective way of promoting equality overall. I argue that distributing healthcare according to medical need is important for reducing individuals' uncertainty surrounding their future medical needs. In other (...) words, distributing healthcare according to medical need is a natural feature of healthcare insurance; it is about indemnity, not equality. (shrink)

This dissertation is a contribution to the debate about ‘climate justice’, i.e. a call for a just and feasible distribution of responsibility for addressing climate change. The main argument is a proposal for a cautious, practicable, and necessary step in the right direction: given the set of theoretical and practical obstacles to climate justice, we must begin by making contemporary development practices sustainable. In times of climate change, this is done by recognising and responding to the fact that emissions of (...) greenhouse gases, with climate change as their result, are an immanent threat to any reflectively embraced development project. In the universal pursuit of progress, basic needs of both present and future people are put at risk. Even so, a political stalemate and business-as-usual prevail. The situation is locked up by an uncertainty about the exact impacts of choices made and by the reasonable disagreement of modern societies. The result is passiveness, and the passing on of a slowly and indiscernibly growing problem to future generations. This dissertation brings out a crucial message about the need to make our development sustainable. Instead of delaying action through trying to resolve the intractable epistemic and normative uncertainty fully, the focus should be on vindicating already shared points of practical convergence. On the constructivist method here adopted, the task is to characterise the agent and the situation faced from a practical and first-person point of view. More specifically, to specify the practical problem climate change gives rise to; the moral importance of needs (chapter three); how a principled priority of basic needs can be defended (chapter four), intergenerationally (chapter five) and internationally (chapter six); and what natural and social limits there are to development (chapter seven). These conceptions narrows the practice of development in the present context: it can be concluded that development must not risk the basic needs of anyone implicated. This common ground brackets off disagreement irrelevant to the urgent need to act, and so brings together otherwise deeply divided agents. A sufficientarian basic needs-principle, as the focus of an overlapping consensus, is practicable and anticipatory in the disuniting moral conundrum of climate change. (shrink)

It is often claimed that all acts of supererogation involve sacrifice. This claim is made because it is thought that it is the level of sacrifice involved that prevents these acts from being morally required. In this paper, I will argue against this claim. I will start by making a distinction between two ways of understanding the claim that all acts of supererogation involve sacrifice. I will then examine some purported counterexamples to the view that supererogation always involves sacrifice and (...) examine their limitations. Next, I will examine how this view might be defended, building on comments by Dale Dorsey and Henry Sidgwick. I will then argue that the view and the argument in favor of it should be rejected. I will finish by showing how an alternative explanation for the limits of moral obligation avoids the problems facing The Sacrifice View. (shrink)

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the (...) relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach. (shrink)

The aim of the book is to uncover the relation between market and justice through the critical examination of the work of Friedrich Hayek. The book argues for the following thesis: the institution of free market is not the only candidate social system; substantial, not merely formal distributive justice must become the central virtue of our social institutions. Notwithstanding its achievements and virtues, the Hayekian theory makes a simple mistake by equivocating possible social systems, dividing them into two groups. One (...) is the world of liberty and free market where people follow the general and abstract rules of conduct, accepting the outcome of market processes, be those good or bad. The other is the world of coercion and repression in which organized distributive instituions dominate and free market is non-existent. According to Hayek’s famous thesis, although freedom is possible in the latter world, we are nevertheless already on the road to serfdom: this fate is inevitable. In this dichotomy the decision is indeed simple. If justice is nothing else but the Trojan horse of oppression, then it is indeed a dangerous and unworkable ideal. However, if this dichotomy does not hold and there is a variety of acceptable social systems, then justice may become the central virtue of institutions, thereby contradicting Hayek’s theory. In the second half of the book I present this alternative, justice-governed social system in more detail. (shrink)

This chapter offers a concise discussion of classic utilitarianism which is the prototypical moral doctrine of the utilitarian family. It starts with an analysis of the classic utilitarian criterion of rightness, gives an overview over its virtues and vices, and suggests an overall assessment of its adequacy as a theory of morality. Furthermore, it briefly discusses whether classic utilitarianism holds promise as a philosophy for doing business.

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail to identify harm accurately and reliably. In this paper, (...) I develop these problems, argue that we should reconsider our commitment to the standard models, and then merely gesture at the direction in which we might locate a superior approach, one that better accounts for the moral significance of harm and its relation to autonomy rights. (shrink)

I argue for the existence of a ‘ratcheting-up effect’: the behavior of moral saints serves to increase the level of moral obligation the rest of us face. What we are morally obligated to do is constrained by what it would be reasonable for us to believe we are morally obligated to do. Moral saints provide us with a special kind of evidence that bears on what we can reasonably believe about our obligations. They do this by modeling the level of (...) sacrifice a person can realistically bear. Exposure to moral saints thus ‘ratchets-up’ our obligations by combating a type of ignorance that would otherwise defeat those obligations. (shrink)

In recent works, Shlomi Segall suggests and defends a luck egalitarian approach to justice in health. Concurring with G. A. Cohen’s mature position he defends the idea that people should be compensated for “brute luck”, i.e. the outcome of actions that it would be unreasonable to expect them to avoid. In his defense of the luck egalitarian approach he seeks to rebut the criticism raised by Norman Daniels that luck egalitarianism is in some way too narrow and in another too (...) wide to uphold justice in health and health care distribution. He points out that a pluralistic outline of luck egalitarianism taking into account the moral requirement of meeting everyone’s basic needs can avoid this line of criticism. In this article I argue against the application of such pluralistic luck egalitarianism in matters of health distribution. First of all, Segall has not shown that luck egalitarianism handles well health distributions above a threshold of basic needs. Secondly, his way of avoiding Elizabeth Anderson’s abandonment objection is theoretically problematic. Finally, I argue that luck egalitarianism in general fails to acknowledge the moral foundation of health and health care as a basic human entitlement. Thus I conclude that luck egalitarianism fails to take health needs seriously and that it cannot therefore uphold justice in health. (shrink)

According to HealthCare.gov, by improving access to quality health for all Americans, the Affordable Care Act (ACA) will reduce disparities in health insurance coverage. One way this will happen under the provisions of the ACA is by creating a new health insurance marketplace (a health insurance exchange) by 2014 in which “all people will have a choice for quality, affordable health insurance even if a job loss, job switch, move or illness occurs”. This does not mean that everyone will have (...) whatever insurance coverage he or she wants. The provisions of the ACA require that each of the four benefit categories of plans (known as bronze, silver, gold and platinum) provides no less than the benefits available in an “essential health benefits package”. However, without a clear understanding of what criteria must be satisfied for health care to be essential, the ACA’s requirement is much too vague and open to multiple, potentially conflicting interpretations. Indeed, without such understanding, in the rush to provide health insurance coverage to as many people as is economically feasible, we may replace one kind of disparity (lack of health insurance) with another kind of disparity (lack of adequate health insurance). Thus, this paper explores the concept of “essential benefits”, arguing that the “essential health benefits package” in the ACA should be one that optimally satisfies the basic needs of the people covered. (shrink)

Despite the popularity of equality as a political value, egalitarianism as a political theory has never, I think, been fully or successfully defended. I aim in this paper to begin the defense of such a view. The egalitarianism I have in mind has as its ideal a condition of equal wellbeing for all persons at the highest possible level of well-being, i.e. maximum equal well-being. Egalitarianism holds that society should be arranged so as to promote and maintain this state. Defending (...) such a view involves, as I see it, three tasks. First, the ideal I have Just mentioned must be made clearer and more specific and its implications for the distribution of particular goods such as material possessions and liberty must be revealed. Second, positive arguments must be given in support of an equal distribution of well-being as a requirement of morality and Justice. And, thirdly, arguments to the effect that there are Just or Justified inequalities which seriously outweigh the claims of equality must be rebutted. (shrink)

A theory of basic moral rights ought to aim at telling us who the beings are that have rights and of what those rights consist. It may, however, seek to achieve that goal via an indirect route. In this paper I shall attempt a strategy of indirection. The first stage of the argument is a consideration of why moral theory can allow any place at all to rights. Acknowledging rights can be inconvenient. An otherwise desirable outcome is blocked if the (...) only ways in which it can be attained involve the violation of rights. Why not jettison rights and thereby render these outcomes achievable? The answer that will be suggested trades on it being a deep fact about human beings that they can and do order their lives by reference to long-term commitments and aspirations. In my terminology, they are project pursuers. If people were rational animals all of whose interests were flickering and evanescent, an ethic entirely resting on maximization of impersonal value would be appropriate. But because projects entail commitments to values not subject to trade-offs, the introduction of rights is plausible. That is the first major stage of the argument. The second builds on it and tries to show that the recognition of rights or their equivalent is morally required, that only an ethic in which basic rights are acknowledged can be properly responsive to persons' status as project pursuers. More particularly, is suggested that rights take the form of constraints imposing minimal forbearance on others such that one has reasonable expectations of being able to pursue one's projects amidst a world of other project pursuers. (shrink)

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we would sensibly want, insofar as we care about her. First, (...) however, a tale: There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests? (shrink)

The structure of our ethical experience depends, crucially, on a fundamental distinction between what we are responsible for doing or deciding and what is given to us. As such, the boundary between chance and choice is the spine of our conventional morality, and any serious shift in that boundary is thoroughly dislocating. Against this background, I analyze the way in which techniques of prenatal genetic diagnosis (PGD) pose such a fundamental challenge to our conventional ideas of justice and moral responsibility. (...) After a short description of the situation, I first examine the influential luck egalitarian theory of justice, which is based on the distinction between choice and luck or, more specifically, between option luck and brute luck, and the way in which it would approach PGD (section II), followed by an analysis of the conceptual incoherencies (in section III) and moral problems (in section IV) that come with such an approach. Put shortly, the case of PGD shows that the luck egalitarian approach fails to express equal respect for the individual choices of people. The paradox of the matter is that by overemphasizing the fact of choice as such, without regard for the social framework in which they are being made, or for the fundamental and existential nature of particular choices—like choosing to have children and not to undergo PGD or not to abort a handicapped fetus—such choices actually become impossible. (shrink)

In his impressive and wide?ranging new book, Sources of the Self, Charles Taylor argues that modern moral philosophy, at least within the Anglo?American tradition, . offers a ?cramped? view of morality. Taylor attributes this problem to three distinctive features of contemporary moral theory ? its commitment to procedural rather than substantive rationality, its preference for basic reasons rather than qualitative distinctions, and its belief in the priority of the right over the good. According to Taylor, the result of these features (...) is that contemporary moral theories cannot explain the nature of a worthwhile life, or the grounds for moral respect. Indeed, they render these questions unintelligible. I argue that Taylor has misunderstood the basic structure of most modern moral theory, which seeks to relocate, rather than suppress, these important questions. In particular, he fails to note the difference between general and specific conceptions of the good, between procedures for assessing the good and specific outcomes of that procedure, and between society's enforcement of morality and an individual's voluntary compliance with morality. Each of these distinctions plays an important role in contemporary moral theory. Once they are made explicit, it is clear that many contemporary theorists operate with a more sophisticated account of moral sources than Taylor attributes to them. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

Prior scholarly approaches to meaningful work have largely fallen into two camps. One focuses on identifying how work can contribute to a meaningful life. The other studies the antecedents and outcomes of workers experiencing their work as meaningful. Neither of these approaches, however, captures what people look for when they seek meaningful work—or so I argue. In this paper, I give a new, commitment-based account of meaningful work by focusing on the reasons people have to choose meaningful work over other (...) options. I draw on philosopher Ruth Chang’s account of voluntarist reasons (reasons that arise from an act of the will) to argue that commitments can create distinctive reasons to pursue certain work. It is the presence of these distinctive reasons that makes work meaningful. (shrink)

In this paper I respond to the central claims presented in Samuel Moyn’s influential book, Not Enough: Human Rights in an Unequal World. Moyn argues that human rights have the following features: they are powerless to combat growing material inequality; they share key characteristics with neoliberalism; they make only minimalist or sufficientarian demands and therefore are not enough to achieve the equality demanded by justice. He suggests, in particular, that Henry Shue’s Basic Rights exemplifies these features. My response argues that (...) Moyn does not accurately present the core conceptual and normative characteristics of human rights, nor does he succeed in implicating Shue’s conception in his critique. I suggest that Moyn’s own ideas about global justice are incompletely developed, including his views about the scope, content, and distributive principles that should guide an account of global justice. Finally, I argue that, even though human rights are only part of an account of global justice, nonetheless they do provide reasons to limit socioeconomic inequality. This point is exemplified by the claim that a human right to democracy requires limits on material inequality in order to prevent power hierarchy. In short, I agree with Moyn that human rights are not enough by themselves to achieve global justice, but I reject his multi-pronged critique of human rights, specifically his claim that they imply no constraints on socioeconomic inequality. (shrink)

A filosofia social ocupa um lugar de destaque no âmbito da teoria crítica: em primeiro lugar, ela possui a tarefa de pensar o “Social” explicitando as contradições em uma determinada realidade; em segundo, ao encetar a reflexão sobre o “Social”, – entendido pelas práticas, relações e instituições sociais enquanto condições constitutivas para o exercício da liberdade –, a pesquisa crítica, sob a perspectiva sociofilosófica, se endereça para a identificação, análise e solução dos problemas sociais. Nesse sentido, a educação passa a (...) ser considerada enquanto uma mediação fundamental para o processo transformador da sociedade constituindo-se, portanto, enquanto esfera copartícipe desse mesmo “Social” na medida em que numa determinada ação pedagógica pode ser compreendida tanto por uma prática social quanto pelo estabelecimento de relações sociais mediadas por instituições sociais.Sob o fito de uma leitura crítica, própria dos pressupostos da filosofia social e da teoria crítica, pretendo explicitar, nesta pesquisa de caráter work in progress, que o programa educacional maranhense possui, no espírito de sua ação social, a orientação à práxis transformadora na medida em que intenta em efetivar aos assistidos pelo referido programa as condições mínimas de existência social nas quais são entendidas preliminarmente como a busca pela efetivação dos bens e direitos sociais. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

Do we have stronger duties to assist in emergencies than in nonemergencies? According to Peter Singer and Peter Unger, we do not. Emergency situations, they suggest, merely serve to make more salient the very extensive duties to assist that we always have. This view, while theoretically simple, appears to imply that we must radically revise common-sense emergency norms. Resisting that implication, theorists like Frances Kamm, Jeremy Waldron, and Larry Temkin suggest that emergencies are indeed normatively exceptional. While their approach is (...) more in line with common-sense, however, it is theoretically less simple, and it is has proven difficult to justify the exception. In this paper we propose a model of emergencies that we call the Informal-Insurance Model, and explain how this can be used to combine theoretical simplicity with common-sense emergency norms. (shrink)