Philip Pettit has identified some interesting apparent commonalities among core human values like love, friendship, virtue, and respect. These are all, Pettit argues, ‘robustly demanding’: they require us to provide certain benefits across ranges of alternative scenarios. Pettit also suggests a general ‘rationale’ for valuing such goods, which draws on his work on freedom. In this paper, I zoom in on love in particular. I critically assess whether Pettit’s schematic account of love’s value adequately captures what we typically value in (...) valuing love. And I scrutinize the analogy Pettit suggests between the rationale for valuing freedom and his rationale for valuing love. My conclusion is that whereas Pettit’s account of love and its value does not strictly speaking contain false propositions, it ends up being a somewhat skewed account of love’s value. Finally, I bring up some widely discussed aspects of love’s value not captured by Pettit’s account. (shrink)

We interact with value in two ways: we recognize objects as valuable and we take objects up as significant for our lives by valuing them. These two modes of interaction involve different kinds of reasons. Recognizing an object as valuable involves recognizing reasons that everyone shares, but agents can differ with respect to their reasons to value the object, and the reasons which are then involved in valuing. Using this observation, I argue that our relations to value and reasons are (...) irreducible to each other by rejecting two views that attempt to interpret value in terms of reasons and vice versa. (shrink)

Contemporary moral philosophy is split between an inherently a-historical moral philosophy/theory on the one hand and a growing interest in moral history and the historicity of morality on the other. In between these, the very moments of moral change are often left insufficiently attended to and under-theorized. Yet moral change is, arguably, one of the defining features of present day moral frameworks, and thus one of the main things we need to make sense of in moral philosophy. In this paper, (...) I present an account of moral change through the use of three metaphors: the tipping point, the bargaining table and the strong rope. I suggest these as coordinates for the development of a full-blown, historically sensitive conception of morality. (shrink)

In this paper I argue for recognizing the moral duty to participate in research. I base my argument on the need for biomedical research and the fact that at some point studies require human participants, what I call collaborative necessity. In presenting my position, I argue against the widely accepted views of Han Jonas and all of those who have accepted his declarations without challenge. I go on to show why it is both just and fair to invite and encourage (...) people to participate in studies. It is just because research participation is the necessary means to achieve the broadly shared goals of preventing and curing disease and alleviating disease symptoms. Mutual love requires us to be willing to do for others what we would want them to do for us. It is fair because the approach treats similarly situated people in the same way. Research participation is morally required because failing to do one's part in the collaborative project of advancing biomedical science would be free-riding. People who exempt themselves from participation while eagerly accepting benefits from others doing their part are taking advantage of their compatriots and treating themselves as more deserving than others when they are not. (shrink)

In this article, I argue that it makes a moral difference whether an individual is worse off than she could have been. Here, I part company with consequentialists such as Parfit and side with contractualists such as Scanlon. But, unlike some contractualists, I reject the view that all that matters is whether a principle can be justified to each particular individual, where such a justification is attentive to her interests, complaints and other claims. The anonymous goodness of a distribution also (...) matters. My attempt to reconcile contractualist and consequentialist approaches proceeds via a serious of reflections on cases. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that it (...) involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

In this paper I critically engage with Hennie Lötter’s impressive book, Poverty, Ethics and Justice. I discuss his conception of poverty, and offer an interpretation of his claim that poverty is a uniquely human scourge. I exam the various harms of poverty that Lötter discusses. I consider two reasons that he offers for why we have a moral duty to end poverty, and I argue that the reason based on what we can justify to others if we take their human (...) dignity seriously is most compelling. Finally, I argue that Lötter overemphasizes of the moral importance of aid and downplays in the importance of the justice of institutional and structural change. I close by considering the prospects for social equality given our experience of capitalist development as a means for poverty eradication. I consider the moral importance of limits to the achievement of robust equality. (shrink)

The fact that humans cooperate with nonkin is something we take for granted, but this is an anomaly in the animal kingdom. Our species’ ability to behave prosocially may be based on human-unique psychological mechanisms. We argue here that these mechanisms include the ability to care about the welfare of others (other-regarding concerns), to “feel into” others (empathy), and to understand, adhere to, and enforce social norms (normativity). We consider how these motivational, emotional, and normative substrates of prosociality develop in (...) childhood and emerged in our evolutionary history. Moreover, we suggest that these three mechanisms all serve the critical function of aligning individuals with others: Empathy and other-regarding concerns align individuals with one another, and norms align individuals with their group. Such alignment allows us to engage in the kind of large-scale cooperation seen uniquely in humans. (shrink)

This paper criticizes the account of desire defended by Nomy Arpaly and Timothy Schroeder in their recent book, In Praise of Desire. It contrasts their account with one that I favor, a cluster analysis listing various criteria that are together sufficient for having paradigm desires, but none of which is necessary or sufficient for desiring. I argue that their account fails to state necessary or sufficient conditions, that it is explanatorily weaker than the cluster account, that it fails to provide (...) a neat reduction of desires to neurophysical terms, and that in any case such a reduction is not required for the preservation of the concept of desire in mature psychology. Implications are drawn for the broader debate between reductionists, eliminativists, and defenders of folk psychological concepts. (shrink)

Can all goods or bads be broken down into smaller and smaller pieces? Can all goods or bads be added together with some other good or bad to get a larger amount? Further, how does moral significance track the disaggregation and the aggregation of moral goods and bads? In Part 1, I examine the limits placed on aggregation by moderate deontological moral theories. This paper focuses in particular on the work of Judith Thomson and T.M. Scanlon as well as on (...) some of my own past work on the question of aggregation in the context of overriding rights. In Part 2, I examine consequentialist criticism that harms and benefits can be broken down into smaller pieces than the deontological theory allows and the argument that the moderate deontological view is too permissive since it allows aggregation of benefits within a single person's life. In Part 3 I suggest how a moderate deontological moral theory might respond to the criticisms. I cast my answer in terms of the existence of lumpy goods and bads. I argue that consequentialist critics of deontology are wrong to insist that all goods and bads can be disaggregated and aggregated at will. Instead, I offer the suggestion that most, or many, goods and bads come in morally significant lumps. That said, it will not always be obvious what those lumps are. Determining the texture of moral value is a substantive project in normative ethics. All I have hoped to do in this paper is suggest that two standard positions on how to group moral value are mistaken and give hope that we need not adopt one of the two. Part 4 of the paper responds to an objection and sets the stage for further work in value theory. (shrink)

NIMBY claims have certainly been vilified. But, as Feldman and Turner point out, one cannot condemn all NIMBY claims without condemning all appeals to partiality. This suggests that any moral problem with NIMBY claims stems not from their status as NIMBY claims but from an underlying illegitimate appeal to partiality. I suggest that if we are to distinguish illegitimate from legitimate appeals to partiality we should look to what might morally justify the sort of agent-relative reasons that can be expressed (...) as a part of public morality. However, if this serves to distinguish legitimate from illegitimate appeals to partiality, the scope for justifiable NIMBY claims is significantly reduced. NIMBY claims require special justification, just as do appeals to the appropriate form of agent-relative reasons. NIMBY appeals to the value of a particular place may very well be morally acceptable, but not merely in virtue of being significant to someone. (shrink)

Stephen Darwall’s moral theory explains moral obligation by appealing to a “second-person” standpoint where persons use second-person reasons to hold one another accountable for their moral behavior. However, Darwall claims obligations obtain if and only if hypothetical persons endorse them, despite tying the second-person standpoint to our real-world moral practices. Focus on hypothetical persons renders critical elements of his account obscure. I solve this problem by distinguishing two ideas quietly working in tandem, the hypothetical endorsement of moral norms and the (...) hypothetical recognition of these norms. Hypothetical endorsement is a plausible source of normativity; hypothetical recognition is not. A more plausible account of second-person normativity must combine hypothetical endorsement with actual recognition. I term these alternative conceptions justification and easy publication. To combine justification and easy publication in an account of moral obligation, second-person normativity should be applied first to rules. Following other moral philosophers, I introduce the concept of a “social-moral” rule into an account of moral obligation. Social-moral rules acquire normative force when they are justified for and easily published by the relevant moral community. I conclude that a rule-centric account of second-personality is superior to Darwall’s reason-centric account. (shrink)

This paper challenges a pervasive, if not always explicit assumption of the present state of theorising in business ethics. This is the idea that a workable theory of organizational ethics must provide a unified perspective on its subject matter. In this paper we will sketch the broad outlines of an alternative understanding of business ethics, which focuses on constraints on corporate conduct that cannot reasonably be rejected. These constraints stem from at least three different levels or spheres of social reality, (...) i.e. the preconditions of a well-ordered society, the internal morality of economic activity and the preconditions of autonomous agency. (shrink)

Ce numéro thématique de la revue Philosophiques est consacré aux Conférences Hugues Leblanc qui ont eu lieu du 1er au 3 avril 2010 au Département de philosophie de l'Université du Québec à Montréal. À cette occasion, le conférencier invité était Kevin Mulligan, titulaire de la chaire de philosophie analytique au Département de philosophie de l'Université de Genève, qui a prononcé trois conférences sous le titre " Wittgenstein vs ses prédécesseurs austro-allemands ", publiées dans ce numéro. Mulligan y développe un de (...) ses thèmes historiques de prédilection, à savoir la dette de Wittgenstein, dans ses travaux sur l'esprit et le langage, à l'endroit de ses prédécesseurs austro-allemands. Comme le veut la formule des conférences Hugues Leblanc, nous avons réuni quelques collègues afin de discuter de quelques-uns des aspects des travaux du conférencier invité et nous avons ajouté, pour compléter ce numéro de Philosophiques, quelques articles originaux portant également sur d'autres aspects des travaux de Mulligan. On peut regrouper l'ensemble de ces contributions sous quatre des grands thèmes exploités par Mulligan en philosophie : le domaine de l'ontologie (incluant les relations, les tropes, les états de choses et les vérifacteurs), le domaine de la philosophie de l'esprit, celui des émotions et des valeurs, et enfin le thème historique de la philosophie austro-allemande, de Bolzano à Wittgenstein en passant par M. Scheler et la phénoménologie de Munich. Faute de pouvoir rendre compte dans cette préface de l'ensemble de ces riches contributions à ce numéro de Philosophiques, je me contenterai de renvoyer le lecteur aux résumés, préparés par les auteurs de ces contributions, qui précèdent chacun des articles. (shrink)

Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...) centrality of cooperative fairness to social justice, cannot be used to defend their use in Scanlon’s. Finally, I argue that Scanlon has not provided an adequate alternative defense of these features, and show that they create problems when contractualists try to explain major features of our common-sense morality. (shrink)

A number of philosophers have become convinced that the best way of trying to understand human agency is by arriving at an account of identification. My goal here is not to criticize particular views about identification, but rather to examine several assumptions which have been widely held in the literature and yet which, in my view, render implausible any account of identification that takes them on board. In particular, I argue that typically identification does not involve either reflective consideration of (...) our mental states or endorsement of those states. If it did, we would rarely be agents. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

Rationalism about the psychology of moral judgment holds, among other things, that the justifying moral reasons we have for our judgments are also the causally effective reasons for why we make those judgments. This can be called the ‘effectiveness’-thesis regarding moral reasoning. The theory that best exemplifies the thesis is the traditional conscious reasoning-paradigm. Current empirical moral psychology, however, poses a serious challenge to this thesis: it argues that in fact, emotional reactions are necessary and sufficient to account for moral (...) judgment, and that typically, moral reasoning is a matter of mere confabulation. In this survey, the empirical challenge to this thesis made by the ‘social intuitionist’ model of moral judgment and reasoning is discussed. The model claims that moral reasoning is essentially ineffective and, psychologically speaking, a matter of mere post hoc-rationalizations of cognitively impenetratable gut reactions. Several interpretations of this evidence are discussed and it is shown that there is room for a psychology of moral reasoning that can account for the available empirical evidence and yet does not have to give up the most central elements of a normative picture of moral reasoning. (shrink)

Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...) this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (shrink)

Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...) punishment, and treat dangerous criminals as we treat people with contagious diseases. I argue against both strong and moderate revisionism that it is not unfair to hold persons desert -entailingly responsible insofar as they take an interest in being treated as appraisable, and that it is unfair to persons not to treat them as desert -entailingly responsible contrary to their interests in being treated as such. The interest-based argument, I conclude, give us a justification for communicating retributive attitudes, but may still require a weak revision of our retributive practices, in the direction of a communicative theory of punishment. (shrink)

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

This essay emerges from consideration of a question in the epistemology of ethics or morality. This is not the common claim-centered question as to how moral claims are confirmed and whether their mode of confirmation gives us grounds to be confident about the prospects for ethical discourse. Instead, I am concerned with the less frequently posed concept-centered question of where in human experience moral terms or concepts are grounded — that is, where in experience the moral becomes salient to us. (...) This question was central to moral epistemology in the form it took among thinkers such as Locke, Hume, and Kant, and it remains of the first importance today. (shrink)

I consider here the issue of whether and to what extent moral truths are absolute. My aim is to raise some new considerations in favor of moral relativism: the thesis that some moral statements can vary in truth-value depending on the moral standards at issue.1 2 This paper has three major components. First, I describe a new puzzle concerning the possibility of moral knowledge in light of expert disagreement. I argue that the best solution to this puzzle requires moral relativism. (...) Second, I develop a notion of a moral standard that incorporates recent developments in moral psychology, including work by.. (shrink)

The health gradient among those who are by historical standards both remarkably healthy and well-off is of considerable moral importance with respect to benevolence, justice and the theory of welfare. Indeed it may help us to realize that for most people the good life lies in close and intricate social ties with others which can flourish only when inequalities are limited. The health gradient suggests that there is a story to be told in which egalitarian justice, solidarity, health and well-being (...) go hand-in-hand. (shrink)

Abstract: Would a global commitment to international human rights norms provide enough of a sense of community to sustain a legitimate and sufficiently democratic global order? Sceptics worry that human rights cannot help maintain the mutual trust among citizens required for a legitimate political order, since such rights are now too broadly shared. Thus prominent contributors to democratic theory insist that the members of the citizenry must share some features unique to them, to the exclusion of others—be it a European (...) identity ( Habermas and Derrida 2003 ) or a national public culture generally shared only by the members ( Miller 1995, 2000 ). This essay considers and rejects these arguments. While stable, democratic redistributive arrangements do require trust and institutionalised means of trustworthiness; they need not rely on norms or values that distinguish members from non-members: such exclusion is not required. Thus human rights may be part of a common political identity. (shrink)

It is widely believed that we always have reason to maximize the good. Utilitarianism and other consequentialist theories depend on this conception of value. Scanlon has argued that this view of value is not generally correct, but that it is most plausible with regard to the value of pleasure, and may even be true at least of that. But there are reasons to think that even the value of pleasure is not teleological.

This paper offers a partial justification of so-called "deontological restrictions." Specifically it defends the "self/other asymmetry," that we are morally obligated to treat our own agency, and thus its results, as specially important. The argument rests on a picture of moral obligation of a broadly Kantian sort. In particular, it rests on the basic normative assumption that our fundamental obligations are determined by the principles which a rational being as such would follow. These include principles which it is not essential (...) for rational beings to accept, but acceptance of which we could non-arbitrarily attribute to them simply in their capacity as rational. Among these principles is the asymmetry mentioned above. (shrink)

In "Rethinking Research Ethics," Rosamond Rhodes argues that everyone has a responsibility to participate in research ethics programs (Rhodes 2005). After discussing the moral underpinnings upon which such a claim might rest, this article brings up two concerns in response to Rhodes' claim. The first worry is pragmatic: Rhodes argues that the focus in research ethics should be on the hypothetical consent of idealized moral agents, an approach that is constrained by practical considerations. The second objection is that, in most (...) research studies, participants are paid, which undermines the accusation of free-riding for non-participants. (shrink)

Pure quality of will theories claim that ‘the ultimate object’ of our responsibility responses (i.e., praise and blame) is the quality of our will. Any such theory is false—or so I argue. There is a second dimension of (moral) responsibility, independent of quality of will, that our responsibility responses track and take as their object—namely, how adroitly we are able to translate our will into action; I call this competence of will. I offer a conjectural explanation of the two dimensions (...) of (moral) responsibility: it matters to us that people actually perform adequately well because of how much it matters to us that we are able to live and work together successfully. (shrink)

We sometimes face personal choices that are so momentous they appear to give rise to an intrapersonal analogue to the non-identity problem. Where the non-identity problem presents as a problem for morality, the intrapersonal analogue presents as a problem for prudence. The analogy has been explored recently by Das and Paul, and although, as this paper argues, their analysis fails—there is no intrapersonal analogue for the non-identity problem—it functions to highlight a persistent and perplexing puzzle for prudential rationality. This paper (...) offers its own explanation: namely, that the phenomena that motivate the purported intrapersonal problem are better accounted for by conceiving prudence as disjunctive. To this end, I sketch a theory of two varieties of prudence. (shrink)

Partial reasons are considerations in favor of something that, taken individually, are not sufficient to establish an obligation. I consider the extent to which partial reasons are reasons, and why they cannot be reduced to or identified with pro tanto reasons. I lay out two approaches to the content of reasons, the flat theory and the structured theory. I argue that parts of reasons are not partial reasons, by showing that natural ways to represent parts of reasons in the flat (...) theory and the structured theory lead to overgeneration problems with regard to partial reasons. I then formulate two notions of partial reasons: one based on a notion of partial support, which is in turn captured by the notions of full support and partial content, and one based on the notion of in exact verification. I show under which conditions the two notions of partial reasons (based on partial content, and based on inexact verification) coincide. (shrink)

This article presents a rule-utilitarian theory which lies much closer to the social contract tradition than most other forms of consequentialism do: calculated-rates rule preference utilitarianism. Being preference-utilitarian allows the theory to be grounded in instrumental rationality and the equality of agents, as opposed to teleological assumptions about impartial goodness. The calculated-rates approach, judging rules’ consequences by what would happen if they were accepted by whatever number of people is realistic rather than by what would happen if they were accepted (...) universally or by exactly 90% of the population, allows it to select rules based not just on their ability to give good advice to their followers but also on their ability to attract followers in the first place. The result is a theory that, although fully utilitarian and not at all pluralistic or intuitionist, nevertheless offers a principled justification for giving some weight to seemingly non-utilitarian considerations: Lockean natural rights, Kantian respect for autonomy, and Scanlonian distributive justice. (shrink)

Democratic alternation in power involves uncontrolled policy experiments. One party is elected on one policy platform that it then implements. Things may go well or badly. When another party is elected in its place, it implements a different policy. In imposing policies on the whole community, parties in effect conduct non-randomized trials without control groups. In this paper, we endorse the general idea of policy experimentation but we also argue that it can be done better by deploying in policymaking randomized (...) controlled trials. We focus primarily on the democratic benefits of using randomized trials in policymaking and on how they can enhance the democratic legitimacy of policy. We argue that randomized trials resonate well with three key democratic principles: non-arbitrariness, revisability and public justification. Randomized trials’ contribution to non-arbitrariness and revisability is not unique; other types of evidence can advance these democratic principles as well. But through their peculiar democratic scrutability, randomized trials are well-equipped to contribute to the public justifiability of policy. (shrink)

Dominant interpretations of Plato's Crito attempt to reconstruct the text deductively, taking the arguments in the famous Laws’ speech as consisting solely in the application of general principles to facts. It is thus conceived that the principles and facts are grasped independently of each other, and then the former are applied to the latter, subsequently reaching the conclusion that Socrates must not escape. Following the lead of Cora Diamond, who argues against this ‘generalist interpretation’, I argue that the Laws’ speech (...) essentially involves an exercise of our moral imagination through which both principles and the facts to which they apply are grasped. This is not to say that a deductive argument is absent from the Laws’ speech. Rather, for the first time, we understand how the deductive arguments in the Laws’ speech can function through imagining a life in which these arguments make sense. The Crito is an attempt to exercise the readers’ imagination, thereby presenting ethics that is both personal and objective. Understanding the Laws’ arguments essentially requires the readers’ imaginative involvement with Socrates’ personal story, but they still have objective import. (shrink)

In 2006, mountaineer David Sharp died on the slopes of Mount Everest. Sharp’s death led to public outrage after allegedly 40 climbers passed by the dying Sharp on their way to the peak, without stopping to help. But, since the slopes of Everest are a high-risk environment and rescuing Sharp would have entailed great risks for the rescuers, it is not clear whether the other mountaineers had a moral duty to rescue him. In a recent article, Patrick Findler introduces a (...) principle to analyse such cases which states that we have a duty to rescue under dangerous circumstances, if the involved risks are not higher than the risks we are already taking in the pursuit of our own, morally less worthy ends. However, Findler then rejects this principle as too demanding. In this paper I will defend the principle against its inventor and argue in favour of such a duty. And while it may be true that the other mountaineers were justified in passing Sharp for different reasons, the principle shows that not only climbers, but adventure-sport athletes in general and people who engage in high-risk endeavours, may have a duty to rescue that doesn’t apply to others. (shrink)

Intento criticar en el presente trabajo el enfoque sobre el poder del consentimiento defendido por David Owens. Según este enfoque, la capacidad de consentir responde a un interés normativo característico, el cual consistiría en permitir que ciertas obligaciones personales sean incumplidas, sin importar lo que materialmente se siga de ello, como la transgresión de nuestros intereses no normativos. Aquí sostendré que el enfoque de Owens confundiría dos planos de consideraciones: el plano relativo a la capacidad general de consentir y el (...) plano relativo al ejercicio de dicha capacidad en casos concretos. Para comprender el primer plano, el enfoque puede ser provechoso. No obstante, para comprender el segundo, lo más razonable sería apelar a la idea de razones personales para actuar, una idea que no parece haber recibido suficiente atención en la literatura habitual sobre el consentimiento. (shrink)

In this article, I argue,inter alia, that Kelsen’s mature view—as expressed in, and around the time of, the second edition ofReine Rechtslehre—was that of a metaethical relativist, and that the commitment to metaethical relativism was the reason why Kelsen defended democracy as well as tolerance in the shape of a constitutionally guaranteed freedom of thought. I also consider the possibility that in his post‐1960 phase Kelsen abandoned metaethical relativism for moral fictionalism, but argue that, on the whole, a relativist interpretation (...) of Kelsen’s late legal philosophy is to be preferred to a fictionalist interpretation. (shrink)

Existing accounts of social insurance tend to treat social risks as given and ask whether it is justified for the state to deal with these risks for its citizens. They ignore that many common risks are in fact imposed on citizens as a byproduct of the institutional choices of the society, which call for justification in the first place. In this paper, I use the Scanlonian contractualist framework to develop an account of just social risk imposition which implies a demand (...) for fair risk sharing by all members of a society. In particular, I defend a compensation principle which requires that compensation be paid to victims of risk materialisation. This duty of paying should be shared by all those who benefit from the imposition of the relevant risk. I suggest that this provides a case for social insurance as a way of fairly sharing the burden of social risks. (shrink)

Many morally significant outcomes can be brought about only if several individuals contribute to them. However, individual contributions to collective outcomes often fail to have morally significant effects on their own. Some have concluded from this that it is permissible to do nothing. What I call ‘the problem of insignificant hands’ is the challenge of determining whether and when people are obligated to contribute. For this to be the case, I argue, the prospect of helping to bring about the outcome (...) has to be good enough. Furthermore, the individual must be in a position to increase the probability of its being brought about to an appropriate extent. Finally, I argue that when too few are willing to contribute, people may have a duty to increase their number. Thus, someone can be obligated to contribute or to get others to contribute. This prospect account is consistent with Kantianism, contractualism and rule consequentialism but inconsistent with act consequentialism. (shrink)