Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

This chapter explores some features of pragmatic pluralism as an ethical perspective on climate change. It is inspired in part by Andrew Light’s work on climate diplomacy as U.S. Assistant Secretary of Energy for International Affairs, and by Bryan Norton’s environmental pragmatism, while drawing more explicitly than Light or Norton from classical pragmatist sources such as John Dewey. The primary aim of the chapter is to characterize, differentiate, and advance a general pragmatist approach to climate ethics. The main line of (...) argument is that we are suffering culturally from a sort of “moral jetlag” due in part to “moral fundamentalist” habits, and that a critical focus on pragmatic pluralism—in moral theory generally and climate ethics particularly—would be salutary for our recovery if philosophers are to speak more effectively to “wicked problems” in a way that aids public deliberation and social learning. Moral fundamentalist habits, and the monistic one-way assumption that unintentionally—but not blamelessly—exercises and unduly reinforces them, are obstacles to fostering habits of moral and political inquiry better suited to dealing with predicaments rapidly transforming our warming planet. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

In this paper, I argue that a well-known objection to subsistence rights developed by Onora O'Neill - namely, that such rights would generate obligations without an obligation-bearer, can be answered if we take such rights to impose an obligation on the world's population, taken collectively.

In addressing the shape of appropriate gun policy, this essay assumes for the sake of discussion that there is a legal and moral right to private gun ownership. My thesis is that, against the background of this right, the most defensible policy approach in the United States would feature moderate gun control. The first section summarizes the American gun control status quo and characterizes what I call “moderate gun control.” The next section states and rebuts six leading arguments against this (...) general approach to gun policy. The section that follows presents a positive case for moderate gun control that emphasizes safety in the home and society as well as rights whose enforcement entails some limits or qualifications on the right to bear arms. A final section shows how the recommended gun regulations address legitimate purposes, rather than imposing arbitrary restrictions on gun rights, and offers concluding reflections. (shrink)

Conflicts between morality and prudence are often thought to pose a special problem because the normativity of moral considerations derives from a distinctively moral point of view, while the normativity of prudential considerations derives from a distinctively prudential point of view, and there is no way to ‘put together’ the two points of view. I argue that talk of points of view is a red herring, and that for any ‘prumoral’ conflict there is some or other more comprehensive value – (...) often nameless – that accounts for the relative normative weight of conflicting moral and prudential considerations. The rational resolution of conflict is possible only in virtue of a more comprehensive value that includes the conflicting moral and prudential considerations as parts. (shrink)

When we make ethical claims, we invoke a kind of objective authority. A familiar worry about our ethical practices is that this invocation of authority involves a mistake. This worry was perhaps best captured by John Mackie, who argued that the fabric of the world contains nothing so queer as objective authority and thus that all our ethical claims are false. Kantians such as Christine Korsgaard and David Velleman offer accounts of the objectivity of ethics that do without the controversial (...) realist assumptions which gives rise to Mackie’s skepticism. They contend that our ethical claims correctly invoke objective authority not by corresponding to some normative pocket of the fabric of reality, but rather by expressing commitments that are inescapable. This Kantian strategy is often advertised as an alternative to traditional but “boring” metaethics. Its proponents promise to vindicate our ethical practices without entangling us in familiar metanormative disputes about the metaphysics, epistemology and semantics of ethics. In this paper, I argue that the Kantian strategy cannot make good on this promise. Considered as an attempt to sidestep traditional metaethics, it lacks the resources to produce the desired normative conclusions. The outlook for the Kantian strategy becomes more promising, though, if we pair it with one of two familiar metanormative theories: expressivism or reductionism. The resulting metaethically-loaded versions of the Kantian strategy can deliver the promised conclusions, but only by plunging straight into the quagmire of traditional metaethics. And there all of the familiar objections to expressivism and reductionism await. (shrink)

Human rights are rights which all persons equally have simply insofar as they are human. But are there any such rights? How, if at all, do we know that there are? It is with this question of knowledge, and the related question of existence, that I want to deal in this paper. 1. CONCEPTUAL QUESTIONS The attempt to answer each of these questions, however, at once raises further, more directly conceptual questions. In what sense may human rights be said to (...) exist? What does it mean to say that there are such rights or that persons have them? This question, in turn, raises a question about the nature of human rights. What is the meaning of the expression “human rights”? Within the limits of the present paper I cannot hope to deal adequately with the controversial issues raised by these conceptual questions. But we may make at least a relevant beginning by noting that, in terms of Hohfeld's famous classification of four different kinds of rights, the human rights are primarily claim-rights, in that they entail correlative duties of other persons or groups to act or to refrain from acting in ways required for the right-holders' having that to which they have rights. It will help our understanding of this and other aspects of human rights if we note that the full structure of a claim-right is given by the following formula: A has a right to X against B by virtue of Y. There are five main elements here: first, the Subject of the right, the person or persons who have the right; second, the Nature of the right; third, the Object of the right, what it is a right to; fourth, the Respondent of the right, the person or persons who have the correlative duty; fifth, the Justifying Basis or Ground of the right. (shrink)

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

There is a fairly widespread—and very infl uential—hope among philosophers interested in the status of normativity that the solution to our metaethical and, more generally, metanormative problems will emerge from the philosophy of action. In this essay, I will argue that these hopes are groundless. I will focus on the metanormative hope, but—as will become clear—showing that the solution to our metanormative problems will not come from what is constitutive of action will also devastate the hope of gaining significant insight (...) into first-order, normative truths by focusing on what is constitutive of action. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

1. The question “Why do we have the rights we do?” obviously presupposes that we do have some rights; that is, that propositions of the form ‘We have the right to x,’ or of the form ‘We have the right to do x,’ are true for certain values of x. The same issues would arise if the original question had been formulated, or were to be reformulated, as it sometimes is, in a purely existential manner, viz., “Why are there the (...) rights there are?” I believe there is no difference between the two questions except a verbal one; at least, both of them share the same existential presupposition to the effect that there are certain rights. I mention this point for two reasons. One is merely to acknowledge the trivial but true point that the question in my title does have an existential presupposition. The second and more important point is that since I shall have very little to say about any actual rights, I would not want anyone to infer from my silence that I do not think we have any rights. I accept the presupposition of my original question, but I shall not dwell upon it. 2. One might ask my original question and mean by rights, legal rights, that is, rights identified through the legal provisions of some legal system. That is not the sense in which I pose the question. It is true that a legal positivist would be able to give no intelligible meaning to my question except by treating it as equivalent to asking, “Why do we have the legal rights we do?” However, since I am not a legal positivist, I want my question understood in another way. (shrink)

INTRODUCTION In my view, justice is entirely conventional; indeed, all of morality consists in conventions that are the result of continual tacit bargaining and adjustment. This is not to say social arrangements are just whenever they are in accordance with the principles of justice accepted in that society. We can use our own principles of justice in judging the institutions of another society, and we can appeal to some principles we accept in order to criticize other principles we accept. To (...) use David Hume's model of the relevant sort of convention, two people rowing a boat each continually adjusts his or her rate of rowing to the other so that they come to row at the same rate, a rate that is normally somewhere between the rate at which each would prefer to row. In the same way the basic principles of justice accepted by people of different powers and resources are the result of a continually changing compromise affecting such things as the relative importance attached to helping others as compared with the importance attached to not harming others. Hume's rowers provide an example of a “convention” that is normally completely tacit. There are other models in which the bargaining can be more explicit, for example when a seller comes to set prices that are acceptable to customers, when employers reach understandings with employees concerning wages, or when political groups influence legislation. I want eventually to consider the implications for moral reasoning and argument of the thesis that principles of justice are entirely the result of implicit bargaining and convention of this sort. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

If there is something (P) that every possible agent is committed to value, and certain actions or attitudes either enhance or diminish P, then normative claims about a range of intentional actions can be objectively and non-trivially evaluated. I argue that the degree of existence as an agent depends on the consistency of reflexive-relating with other individuals of the agent-kind: the ontological thesis. I then show that in intending to act on a reason, every agent is rationally committed to value (...) ‘above all else’ being an agent, what consists in exercising the capacity to act and having the freedom to discriminate between more or less valuable actions: the transcendental thesis. Since the degree of possession of this personal but non-contingent good depends on relating to other agents in a special way, certain actions and attitudes may be objectively right or wrong for all agents. (shrink)

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink)

Most Kantian constructivists try to ground universal duties of interpersonal morality in certain interactions between individuals, such as communication, argumentation, shared action or the second-person standpoint. The goal of this paper is to present these, which I refer to as arguments from the second-person perspective, with a dilemma: either the specific kind of interaction that is taken as a starting point of these arguments is inescapable, but in that case the argument does not justify a universal principle of interpersonal morality. (...) Or interaction does have a principle of interpersonal morality among its necessary conditions of possibility, but such forms of interactions are merely optional. I argue that proponents of arguments from the second-person perspective have failed to provide a convincing response to this dilemma and that this failure is systematic. This suggests that the success of Kantian constructivism depends on the success of arguments from the first person. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

Examples from Archimedes, Galileo, Newton, Einstein, and others suggest that fundamental laws of physics were—or, at least, could have been—discovered by experiments performed not in the physical world but only in the mind. Although problematic for a strict empiricist, the evolutionary emergence in humans of deeply internalized implicit knowledge of abstract principles of transformation and symmetry may have been crucial for humankind's step to rationality—including the discovery of universal principles of mathematics, physics, ethics, and an account of free will that (...) is compatible with determinism. (shrink)

In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...) we are? does not exclude, but rather combines with, the normative role the same standards play in our practical life. (shrink)

Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...) the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

Answering the question, ‘Who is a rational agent?’ is of utmost importance for all moral theories which conceive of the rational agent as their basic moral unit. Surprisingly enough, these theories do not pay much attention to this question, and assume, without offering detailed discussions, certain characterizations of the rational agent. In this paper, I examine what kind of attribute ‘rational’ is. In light of this examination I claim that the rational moral theories are based on a mistaken characterization of (...) the rational agent. (shrink)

Christine Korsgaard’s argument for the claim that one should not only value one’s own humanity but also the humanity of all other persons, ‘the publicity of reasons argument’, has been heavily criticized and I believe rightly so. However, both in an early paper and in her most recent work, Korsgaard does not rely on controversial, Wittgensteinian ideas regarding the publicity of reasons, but instead she uses a different argument to justify interpersonal morality, which I will refer to as ‘the argument (...) from the sufficiency of agency’. The goal of this paper is to evaluate whether the argument from the sufficiency of agency can succeed where the publicity of reasons argument fails. I will argue that although the argument from the sufficiency of agency is potentially more promising, it fails to justify a categorical and universal principle of interpersonal morality. I argue, however, that this failure has less to do with the argument from the sufficiency of agency itself and more with Korsgaard’s specific version of it. This leaves open the possibility that other Kantian constructivist arguments from the sufficiency of agency might be more successful. (shrink)

ZusammenfassungMedizinethische Forschung wird häufig unter Verwendung sozialempirischer Methoden durchgeführt. Insbesondere die Anwendung von Methoden der qualitativen Sozialforschung hat eine breite Akzeptanz gefunden. Nach Kenntnis der Autoren fehlen allerdings bislang Untersuchungen, die den spezifischen Beitrag qualitativer Sozialforschung für medizinethische Untersuchungen unter Bezugnahme auf die Merkmale qualitativer Methoden darlegen. Ausgehend von einem handlungsorientierenden medizinethischen Forschungsvorhaben zur Unterstützung der Entscheidungsfindung in der Onkologie wird der Beitrag der verwendeten qualitativen Methoden für das Forschungsvorhaben unter Bezugnahme auf zwei Kennzeichen qualitativer Sozialforschung – Rekonstruktion der sozialen (...) Praxis und Explikation von informellem Wissen – ausgeführt. Den Abschluss bilden eine Analyse von Limitationen der Verwendung qualitativer Forschungsmethoden in medizinethischen Forschungsvorhaben sowie die Identifizierung offener Forschungsfragen. (shrink)

This paper delineates the normative and empirical approaches to business ethics based upon five categories: 1) academic horne; 2) language; 3) underlying assumptions; 4) theory purpose and scope; 5) theory grounds and evaluation criteria. The goal of the discussion is to increase understanding of the distinctive contributions of each approach and to encourage further dialogue about the potential for integration of the field.

Recalling several profound disagreements about business ethics as it is currently discussed in Western societies, I emphasize the need for business ethics as an academic discipline that constitutes the “backbone” for both teaching business ethics and improving business practice (section 1). Then I outline a conceptual framework of business ethics that promotes a “bottom-up” approach (section 2). This “problem-and action-oriented” conception appears to be fruitful in terms of both practical relevance and theoretical understanding. Finally, I argue for (section 3) the (...) relevance of discussing goals at all levels of human action (i.e., individuals, organizations, systems) as well as the indispensability of human rights, and propose Amartya Sen's “goal-rights-system” approach as a normative-ethical framework for business ethics that integrates these two fundamental aspects. (shrink)

Feticide, the practice of terminating the life of an otherwise viable fetus in utero, has become an increasingly common practice in obstetric centres around the globe, a concomitant of antenatal screening technologies. This paper examines this expanding practice in light of the concept of human dignity. Although it is assumed from the outset that even viable human fetuses are not persons and as such do not enjoy full membership in the moral community, it is argued that the fact that these (...) are nevertheless human fetuses affords them prima facie moral status. Thus even those who accept a liberal position with regard to therapeutic abortion, should be concerned about these more recent developments. Indeed, how we treat viable human fetuses has implications for our prospective treatment of other human non-persons and could undermine the common human dignity we all share. (shrink)

What is required for one thing to be a reason for another? Must the reason, more precisely, be or involve a principle? In this essay I target the idea that justification via reasons of one's beliefs (e.g., epistemic or moral) requires that the 'justifying reasons' be or involve (substantive and significant) principles. I identify and explore some potential sources of a principles requirement, and conclude that none of them (i.e., the normative function of reasons, the abstract structure of reasons, the (...) universalizability constraint on [moral] reasons, and even the pragmatic considerations that attenuate 'real-world' reason-giving) mandate that reasons be principles. I then explore implications of this conclusion, and note especially the resultant and paradoxical permissibility of justifying reasons that manage to be lawlike (a sine qua non for justifying reasons) even while consisting of highly-detailed and situation-specific proposition sets, e.g., novel-length narratives. (shrink)

In this paper I defend a theory of welfare rights for nonhuman animals. I do this by demonstrating that a well-established framework for protecting the interests of farm animals, the ‘Five Freedoms of Animal Welfare’, is already functioning just as a set of rights. To support this claim I adopt a common approach to detecting evidence for deontological reasoning and look at the structural features of rights. I first consider Hohfeld’s system of legal rights and consider whether the Five Freedoms (...) may be understood as liberties or claim rights, before making a more successful comparison with side constraints and an interest theory of rights as understood by Nozick and Raz. I also respond to a likely objection that it is not possible to have some welfare rights without a right to freedom from exploitation. The argument therefore contributes to breaking down the stubborn division between ‘animal welfare’ and ‘animal rights’. (shrink)

Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering or withholding (...) consent as a synonym for legal capacity to consent. I argue that this gives rise to a conflation, jeopardising clarity and consistency in law. This is somewhat less problematic in instances of “first-person” legal capacity that are heavily informed by criteria for decision-making competence than in the second sense of legal capacity, which is qualitatively different from decision-making competence, or with first-person legal capacity when defined in different terms from competence. The paper concludes by proposing that the soundest resolution to this problem is by making decision-making competence a necessary and sufficient condition of first-person legal capacity, affording a more scrupulous distinction between the two different forms of legal capacity that exist. (shrink)

When animal ethicists deal with welfare they seem to face a dilemma: On the one hand, they recognize the necessity of welfare concepts for their ethical approaches. On the other hand, many animal ethicists do not want to be considered reformist welfarists. Moreover, animal welfare scientists may feel pressed by moral demands for a fundamental change in our attitude towards animals. The analysis of this conflict from the perspective of animal ethics shows that animal welfare science and animal ethics highly (...) depend on each other. Welfare concepts are indispensable in the whole field of animal ethics. Evidence for this can be found by analyzing the structure of theories of animal ethics and the different ways in which these theories employ welfare concepts. Furthermore, the background of values underneath every welfare theory is essential to pursue animal welfare science. Animal ethics can make important contributions to the clarification of underlying normative assumptions with regard to the value of the animal, with regard to ideas about what is valuable for the animal, and with regard to the actions that should follow from the results of animal welfare science. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

Much critical attention has been given to Alan Gewirth’s argument concerning agents’ move from prudential to moral right-claims. Less ink has been spilled on the question of why prudent agents should claim rights to goods needed by agents in general rather than to goods needed for the realization of their individual and particular purposes. In this paper, I intend to show that Gewirth’s concept of prudence makes it necessary for agents to identify with the role of a generic agent and (...) that this identification provides them with rationally valid reasons not only to claim prudential rights to freedom and well-being but also to recognize a moral principle stating that all agents have these rights. More generally, my argument points to the central role played by the concept of prudence in his theory. (shrink)

This paper analyses the thorny interpretative puzzle surrounding the connection between humanity and the good will. It discusses this puzzle: if the good will is the only good without qualification, why does Kant claim that humanity is something possessing an absolute value? It explores the answers to this question within Kantian scholarship; answers that emanate from a commitment to the human capacity for freedom and morality and to actual obedience to the moral law. In its final analysis, it endorses Richard (...) Dean’s good will reading as the most reflective of Kant’s ethics. It claims that in order for a person to reach the moral ideal of acting rightly and giving priority to moral law, he must always honour his duties to himself. Accordingly, it argues that before a person can be deemed as an object of respect, he must first respect the right of humanity in his own person. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

The United Nation’s mandate to engineer international peacecraft is correlated with the promotion of universal human rights. Universal human rights are held to apply consistently to everyone everywhere without conceivable exception. There is some debate as to whether universal human rights possibly exist. This debate centers around two difficulties: 1) the task of identifying a single trait or capability that all human beings necessarily share, and 2) the task of relating human rights to this trait or capability. Conventional epistemic justifications (...) defending the existence of universal human rights attempt to address both difficulties. However, they have become the focus of numerous criticisms. By conducting systematizing and critically reviewing text analyses, I will conclude that conventional epistemic justifications are unable to refute standard criticisms satisfactorily. In their place, I will introduce an epistemic justification from the philosophy of mind. I will attempt to demonstrate that this justification is capable of 1) identifying a single trait that all human beings necessarily share, 2) relating human rights to this trait, and 3) satisfactorily refuting the standard criticisms raised against conventional epistemic theories. I have produced this paper in the hope of further legitimizing the UN’s mandate to engineer international peacecraft by providing a more philosophically optimal justification of claims affirming the existence of universal human rights. (shrink)

In 2007, the Ethics and Governance Council of the UK Biobank commissioned a Report on ‘Concepts of Public Good and Pubic Interest in Access Policies’. This study considered the Biobank’s role as a ‘public good’ in respect to supporting and promoting health throughout society. However, the conditions under which access by third parties to UK Biobank are justified in the public interest have not been well considered. In this article, I propose to analyse the conditions that should allow such access. (...) My argument develops UK Biobank’s function as a ‘public good’ and in terms of its responsibilities as a public health institution; both to protect the rights of the participants and in having a role in reinforcing public goals. Although these two tasks may conflict, it is possible that resolute opposition to some third-party access demands—if properly justified in terms of a public interest—will be damaging to, rather than protective of, participants’ rights. To illustrate my argument, I consider the appropriate response to an extraordinary public emergency , such as a serious criminal investigation or disaster response, in terms of an ethical access policy. (shrink)

How can anyone be opposed to private philanthropy? Such philanthropy consists in persons freely giving of their wealth or other goods to benefit individuals and groups they consider worthy of support. As private persons, they act apart from – although not, of course, in contravention of – the political apparatus of the state. In acting in this beneficent way, the philanthropists are indeed, as their name etymologically implies, lovers of humanity; and their efforts are also justified as exercises of their (...) right to freedom, including the free use of the resources they own, which they have presumably acquired by their own free efforts or by the efforts of other persons who have freely transferred these resources to them. Thus, private philanthropy combines two of the highest values of individual and social morality: personal freedom and interpersonal beneficence. I. Moral Problems of Private Philanthropy Many questions about moral, and especially human, rights arise from private philanthropy as thus briefly characterized. These questions may be divided into three sets, which focus respectively on the agents of philanthropy, on the recipients of philanthropy, and on the objects for which philanthropic awards are given. First, regarding the agents: Do they have a right to all the wealth they possess? Have they accumulated this wealth in a way that has respected the moral rights of other persons? If the answer is negative, even in part, then in what morally valid sense is all the wealth in question theirs to give away, even if they use it for philanthropic purposes: Do they have a right to give it away as they choose? (shrink)

One of the main reasons for philosophers to have embraced Humean constructivism rather than Kantian constructivism is a negative one: they believe that in the end Kantian constructivism is an unsta...

Pour contrer le scepticisme au sujet de la connaissance des valeurs, la plupart soutiennent avec John Rawls qu’une croyance comme celle qu’une action est bonne est justifiée dans la mesure où elle appartient à un ensemble de croyances cohérent, ayant atteint un équilibre réfléchi. Christine Tappolet s’inspire des travaux de Max Scheler et d’Alexius von Meinong pour défendre une conception opposée au cohérentisme. La connaissance des valeurs est affirmée dépendre de nos émotions, ces dernières étant conçues comme des perceptions des (...) valeurs. (shrink)