This essay examines the citizen's apparent agelessness that is foundational to liberal democratic theories. By engaging the notion of citizenship rights, Lanoix challenges this assumed perpetual adulthood and argues for a new way of conceptualizing the citizen. The broader notion of citizen as cohabitant allows for the changing relationship a citizen will have with her citizenship rights and accommodates individuals who are not self-governing but who, nonetheless, share a democratic space.

Charles Taylor argues that recognition begins with the politics of "self-image," as groups represented in the past by others in ways harmful to their own identity replace negative historical self-images with positive ones of their own making. Given the centrality of "self image" to his politics of recognition, it is striking that Taylor, himself, represents disabled people in language that is both limiting and depreciating. The author argues such negative self-images are not unique to Taylor but endemic to modern political (...) thought from John Locke to John Rawls, as the disabled are constituted in direct opposition to the rational person and/or citizen. Using contemporary social theories of disability, as articulated by disabled scholars and advocates, the author concludes that such negative self-images must be purged from political theory and replaced with an alternative theory of personhood/citizenship rooted in the image of interdependency. (shrink)

We often find ourselves in situations where it is up to us to make decisions on behalf of others. How can we determine whether such decisions are morally justified, especially if those decisions may change who it is these others end up becoming? In this paper, I will evaluate one plausible kind of justification that may tempt us: we may want to justify our decision by appealing to the likelihood that the other person will be glad we made that specific (...) choice down the line. Although it is tempting, I ultimately argue that we should reject this sort of appeal as a plausible justification for the moral permissibility of our vicarious decisions. This is because the decisions that we make on behalf of another may affect the interests and values that that person will hold in the future. As I will show, this complicates the justificatory relationship between present decisions and future attitudes, since the latter can depend on the former. This is not to say that the predicted future attitudes of others can play no significant role in justifying our decisions on others’ behalf. Rather, appealing to the future attitudes in our moral justifications may play an important role in our practical thinking but only when we consider the future attitudes of all relevant possible futures. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...) while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...) point about philosophical argumentation, namely, that anticipating objections to one’s claim is not the same as supporting one’s claim. In other words, defending p from objections does not amount to support or evidence for p. This, in turn, presents dialectical and pragma-dialectical approaches to argumentation with the following question: does proper argumentation require that arguers anticipate and respond to unconceived objections? (shrink)

Societal aging raises challenging ethical questions regarding the just distribution of health care between young and old. This article considers a proposal for age-based rationing of health care, which is based on the prudential life span account of justice between age groups. While important objections have been raised against the prudential life span account, it continues to dominate scholarly debates. This article introduces a new objection, one that develops out of the well-established disability critique of social contract theories. I show (...) the implications of this critique for the prudential life span account and for the special case of age-group justice. The result is that age-based rationing based on the prudential life span approach is not supported, and that the prudential life span approach itself is not the best way to think about allocating health care between age groups. I propose an alternative approach that avoids the disability objection, and consider its implications for specific proposals for age-based rationing of health care. (shrink)

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...) to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in every coalitional game. Fully (...) rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (shrink)

Sixty‐one million Americans and approximately a billion people worldwide live with some form of disability that limits one or more major life activities. The field of precision medicine continues to grapple with how to best serve disability communities. In this paper, we suggest that precision medicine faces an ethical tension between its goal to treat or cure disabling conditions and views that consider disability as a marginalized identity. We appeal to the concepts of recognition justice and distributive justice to argue (...) that the ELSI community should take a more proactive role in promoting disability inclusion in precision medicine's practice and research. We also highlight two priorities for the ELSI community moving forward: facilitating greater collaboration between genetics and genomic professionals and disability communities and advocating for inclusive research design and disability accommodations in the research process. (shrink)

Umjetnica i analitička stručnjakinja za Kantovu filozofiju, Adrian Piper, s pravom je opisana kao "jedna od najvažnijih i najutjecajnijih kulturnih figura našeg vremena". Nagrađivani rad instalacije i participativne izvedbene umjetnosti, Probable Trust Registry: Rules of the Game #1-3, implicitno postavlja filozofska pitanja od interesa za kontraktualističku filozofiju i njenu kritiku, uključujući mogućnost izvršenja istinske moralno obvezujuće posvećenosti iskrenosti, autentičnosti i poštovanja samoga sebe putem umjetničke instalacije. Posebno za publiku koja se blisko identificira s njenim iskustvima, Piperina umjetnost, poput drugih važnih (...) umjetničkih djela, ima snažan katalizatorski etički potencijal. Motivirana divljenjem prema umjetnici i percipiranom konfliktnom odnosu obojenih (tj. ne-bijelih) žena i konvencionalnih diskursa moralne solidarnosti, nudim tri različita načina za razumijevanje Piperinog Probable Trust Registryja. Predlažem da se Piperino misaono izazovno umjetničko djelo, koje se implicitno oslanja na Johna Rawlsa i Charlesa Millsa, može tumačiti kao poziv njenoj publici da se slože s odabirom pravila koja, između ostalog, prihvaćaju univerzalne moralne imperative, predviđaju budući moralni integritet ili se zaklinju u moralni integritet. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show how (...) a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

Plusieurs commentateurs – incluant certains théoriciens des droits des animaux – ont soutenu que les animaux non humains ne peuvent pas être considérés comme des membres du dèmos parce qu’il leur manque les capacités critiques d’autonomie et d’agentivité morale qui seraient essentielles à la citoyenneté. Nous soutenons que cette inquiétude est fondée sur des idées erronées à propos de la citoyenneté, d’une part, et à propos des animaux, d’autre part. La citoyenneté requiert la maîtrise de soi et la sensibilité aux (...) normes partagées, mais ces capacités ne devraient pas être comprises en un sens indûment intellectualisé ou idéalisé. Des études récentes sur l’agentivité morale montrent que les relations civilisées entre les citoyens sont largement fondées, non pas dans la réflexion rationnelle et l’assentiment à des propositions morales, mais dans des comportements intuitifs, irréfléchis et habituels qui s’enracinent dans une gamme d’émotions prosociales (l’empathie, l’amour) et de dispositions prosociales (coopération, altruisme, réciprocité, résolution de conflits). Cinquante ans de recherches éthologiques ont démontré que plusieurs animaux sociaux – particulièrement les animaux domestiques – partagent le type de dispositions et de capacités rendant possible le civisme quotidien. Une fois que nous élargissons notre conception de la citoyenneté pour inclure une compréhension plus riche des bases des relations civiques, il devient évident que les animaux domestiques et les humains peuvent être les co-créateurs d’un monde moral et politique commun. Nous n’avons rien à craindre, et beaucoup à gagner, à les accueillir comme membres du dèmos. (shrink)

A society is said to age when its number of older members increases in relation to its number of younger members. The societies in most of the world’s industrialized nations have been aging since at least 1800. In 1800 the demographic makeup of developed countries was similar to that of many Third World countries in the early 1990s with roughly half the population under the age of 16 and very few people living beyond age of 60. Since that time, increases (...) in life expectancy, combined with declines in fertility rates, have dramatically increased the proportion of older persons in developed nations. The rapid increase in the number of older persons relative to younger ones carries important societal implications. In the domain of healthcare, societal aging will increase costs and exert greater pressure to ration services. It will, thus, bring to the fore questions, regarding a just distribution of healthcare between young and old age groups. This paper considers some of the most influential arguments to date for age-based rationing of health care. I show that these arguments fall short, and that the theoretical assumptions underlying them do not withstand careful scrutiny. (shrink)

This paper presents a new way of thinking about the relationship between humans and the nonhuman animals in their care. Most ethical analysis of the treatment of nonhuman animals has focussed on questions of moral status, justice, and the wrongness of harming them. This paper does something different, it examines the role played by trust in interspecies relationships. In both agriculture and laboratory settings, humans deliberately foster trusting relationships with nonhuman animals. An intrinsic feature of the trusting relationship in these (...) settings is that it is created in order to be exploited and betrayed. However, little consideration has been given to asking what a deliberate betrayal of another species says about the character of those who carry out the betrayals. This paper argues that regardless of the moral status of nonhuman animals, a willingness to foster trust in order to exploit the vulnerability of a nonhuman suggests a serious character flaw. Our failure thus far to apprehend systematic forms of betrayal indicates a moral blind-spot when it comes to other species. (shrink)

Health care insurance schemes, whether private or public, are notoriously unaccommodating to individuals with disabilities. While most nonelderly nondisabled persons in the U.S. are insured through private sources, coverage sources for nonelderly persons with disabilities have traditionally been a mix of private and public coverage. For all age groups, the employment-to-population ratio is much lower for persons with a disability than for those with no disability. Moreover, employed persons with a disability were more likely to be self-employed than those with (...) no disability. As a group, therefore, nonelderly people with disabilities have not been as well positioned as others to obtain private health care insurance because in the U.S., acquiring such coverage usually is employer based. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest on a disputable (...) moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

Justice requires that public policy improve the lives of disadvantaged members of society. Dementia is a source of disadvantage, and a growing global public health challenge. This article examines the theoretical and ethical connections between theories of justice and public dementia policy. Disability in general, and dementia in particular, poses important challenges for theories of justice, especially social contract theories. First, the article argues that non-contractarian accounts of justice such as the Capabilities and Disadvantage approaches are better equipped than their (...) contractarian counterparts to analyse issues of justice and dementia. Secondly, using a capabilities framework, I analyse original empirical data from qualitative interviews and discussion groups with health and social care professionals. The article concludes that social connection is a ‘fertile functioning’—a multiplier of advantage that enables people to live well with dementia together—and should therefore be a priority for public dementia policy. (shrink)

In this paper, I argue that, contrary to what some critics suggest, political liberalism is not exclusionary with regards to the rights and interests of individuals with cognitive disabilities. I begin by defending four publicly justifiable reasons that are collectively sufficient for the inclusion of members of this group. Briefly, these are the epistemic uncertainty that inevitably exists about individuals’ actual capacities, the political liberal duty to treat parents fairly, the social framework that is required for the fulfilment of parental (...) duties, and the necessity of cultivating certain emotions that are strongly associated with reasonableness. These reasons show why a more inclusive reading of political liberalism is plausible, and how this can be achieved without abandoning or revising the theory’s commitment to public reason, the political conception of the person, and the role of social cooperation. I then turn to the question of what a more inclusive political liberalism would look like. More specifically, I argue that, although it would not require the participation of individuals with cognitive disabilities in the practice of legitimation, it would require their full inclusion in the realm of justice as equal rights-bearers. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

The ideal of educational equality is fundamentally grounded in the egalitarian principle that social and institutional arrangements should be designed to give equal consideration to all. However, beyond this broad stipulation, the precise content of the ideal of educational equality is more difficult to determine. In this article, I aim to contribute to the debate on equality in education by dealing with the current, contentious issue of provision for students with disabilities and special educational needs. Thus, the paper addresses the (...) question of what constitutes a just provision for these students, and it provides an answer in terms of the capability approach, as developed by Amartya Sen and Martha Nussbaum. (shrink)

The literature on the determination of death has often if not always assumed that the concept of human death should be defined in terms of the end of the human organism. I argue that this broadly biological conceptualization of human death cannot constitute a basis for agreement in a pluralistic society characterized by a variety of reasonable views on the nature of our existence as embodied beings. Rather, following Robert Veatch, I suggest that we must define death in moralized terms, (...) as the loss of an especially significant sort of moral standing. Departing from Veatch, however, I argue that we should not understand death in terms of the loss of all moral status whatsoever. Rather, I argue, what we should argue about, when we argue about death, is when and why people lose their rights-claims to the protection and promotion of their basic bodily functioning. (shrink)

Volume 20, Issue 7, July 2020, Page 128-132.

The most recent major contribution to the literature on justice as mutual advantage is Peter Vanderschraaf’s book Strategic Justice. In this book, he develops a theory of justice as convention, where justice is those principles that rational, self-interested agents would choose to solve problems of partially conflicting interest. His theory is thus a kind of theory of justice as mutual advantage. A common criticism of theories of justice as mutual advantage is the Vulnerability Objection: if the principles of justice require (...) that resources are only shared with those that are net-contributors to a cooperative surplus, then those that are not net-contributors to that cooperative surplus (so-called vulnerable people) have no claim of justice to any share of the resources. But, the objection states, surely justice cannot exclude people simply because they are vulnerable. Vanderschraaf argues that his theory of justice as convention successfully answers the Vulnerability Objection. However, in this paper, I argue that although Vanderschraaf’s theory successfully demonstrates that it can be to the mutual advantage of rational, self-interested people to agree to share equally even when some people contribute more than others, the problem remains of why such people would share with those that can never contribute more to the cooperative surplus than what they would withdraw from it. Vanderschraaf’s solution is to weaken the requirement that people actually contribute. But that, I argue, undermines the claim that his theory is a theory of justice as mutual advantage. (shrink)

Animal agriculture predominantly involves farming social animals. At the same time, the nature of agriculture requires severely disrupting, eliminating, and controlling the relationships that matter to those animals, resulting in harm and unhappiness for them. These disruptions harm animals, both physically and psychologically. Stressed animals are also bad for farmers because stressed animals are less safe to handle, produce less, get sick more, and produce poorer quality meat. As a result, considerable efforts have gone into developing stress-reduction methods. Many of (...) these attempt to replicate behaviours or physiological responses that develop or constitute bonding between animals. In other words, humans try to mitigate or ameliorate the damage done by preventing and undermining intraspecies relationships. In doing so, the wrong of relational harms is compounded by an instrumentalisation of trust and care. The techniques used are emblematic of the welfarist approach to animal ethics. Using the example of gentle touching in the farming of cows for beef and dairy, the paper highlights two types of wrong. First, a wrong done in the form of relational harms, and second, a wrong done by instrumentalising relationships of care and trust. Relational harms are done to nonhuman animals, whilst instrumentalisation of care and trust indicates an insensitivity to morally salient features of the situation and a potential character flaw in the agents that carry it out. (shrink)