G.A. Cohen has produced an influential criticism of libertarian‐ism that posits joint ownership of everything in the world other than labor, with each joint owner having a veto right over any potential use of the world. According to Cohen, in that world rationality would require that wealth be divided equally, with no differential accorded to talent, ability, or effort. A closer examination shows that Cohen's argument rests on two central errors of reasoning and does not support his egalitarian conclusions, even (...) granting his assumption of joint ownership. That assumption was rejected by Locke, Pufendorf and other writers on property for reasons that Cohen does not rebut. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

This essay examines three potential arguments against high-frequency trading and offers a qualified critique of the practice. In concrete terms, it examines a variant of high-frequency trading that is all about speed—low-latency trading—in light of moral issues surrounding arbitrage, information asymmetries, and systemic risk. The essay focuses on low-latency trading and the role of speed because it also aims to show that the commonly made assumption that speed in financial markets is morally neutral is wrong. For instance, speed is a (...) necessary condition for low-latency trading’s potential to cause harm in “flash crashes.” On the other hand, it also plays a crucial role in a Lockean defense against low-latency trading being wasteful developed in this essay. Finally, this essay discusses the implications of these findings for related high-frequency trading techniques like futures arbitrage or latency arbitrage—as well as for an argument as to why quote stuffing is wrong. Overall, the qualifications offered in this essay act as a counterbalance to overblown claims about trading at high speeds being wrong. (shrink)

At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

This paper proposes a description of the moral obligations of economic agents. It will show that a threefold division should be adopted to distinguish moral obligations applying to their interactions in the market, obligations applying to their interactions inside business firms and obligations applying to their interactions with agents outside the market. Competition might be permissible in the first case since markets are special patterns of social interactions (called adversarial schemes). They produce their benefits when agents try to satisfy exclusive (...) preferences at the expense of others. However, moral obligations inside the firm and moral obligations outside the market are of a different nature. This argument will be developed in the two first parts of this paper. In the third part, it will outline the relevant strengths of that account in relation with two popular views of economic agents’ moral obligations: the shareholder primacy view and the stakeholder theory. (shrink)

Negative freedom (as opposed to positive freedom) has been widely considered an inherently non problematic notion. This paper attempts to show that, if considered as a good with a minimally objective structure, negative freedom can disrupt the capacity for deliberating in a substantively (that is, non purely formal, decision-theoretic) rational way. The argument turns on the notion of non-satiation, as a property of the objective value of some goods of not changing when the availability of the good is increased. Two (...) classes of non-satiating goods are distinguished, one of which has disruptive consequences for rational deliberation. Negative freedom belongs to this last class; and its non-satiating conceptual nature is defended by means of a simple dispositional analysis of value. It is suggested that also rationality itself can be regarded as a non-satiating good that can disrupt deliberation. (shrink)

Tras comparar la concepción de Risse de Propiedad Común de la Tierra con otras alternativas teóricas de redistribución global o de reformulación de los derechos humanos en términos de membrecía , concluimos que PCT, como teoría de justicia distributiva global, defiende un umbral innecesariamente bajo; y como concepción de derechos humanos no fundamenta con robustez las garantías socioeconómicas. Finalmente, la especificación de los derechos humanos a partir de la membrecía global no es traducible a términos de «derecho a no-exclusión de (...) la nueva propiedad pública» , ya que la condición de subsistencia de los derechos humanos no implica necesariamente la condición de independencia del estatus de co-propietario original. Así pues, esta derivación contingente de los derechos humanos no cumple la condición de transitividad exigida por sus requisitos internos de justificación. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...) Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

Clients may feel trapped into sharing their private digital data with insurance companies to get a desired insurance product or premium. However, private insurance must collect some data to offer products and premiums appropriate to the client’s level of risk. This situation creates tension between the value of privacy and common insurance business practice. We argue for three main claims: first, coercion to share private data with insurers is pro tanto wrong because it violates the autonomous choice of a privacy-valuing (...) client. Second, we maintain that irrespective of being coerced, the choice of accepting digital surveillance by insurers makes it harder for the client to protect his or her autonomy. The violation of autonomy also makes coercing customers into digital surveillance pro tanto morally wrong. Third, having identified an economically plausible process involving no direct coercion by insurers, leading to the adoption of digital surveillance, we argue that such an outcome generates further threats against autonomy. This threat provides individuals with a pro tanto reason to prevent this process. We highlight the freedom dilemma faced by regulators who aim to prevent this outcome by constraining market freedoms and argue for the need for further moral and empirical research on this question. (shrink)

This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...

Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...) participants in a market for labor. We should construct a conception of freedom that targets the structures of our interpersonal relations, and the kinds of agents these relations make us. Such a conception respects the interpersonal foundations of human agency. It also allows us to draw morally significant connections between diverse species of unfreedom—between, for instance, localized domination and structural oppression. (shrink)

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for a theory of ?global justice.? (...) But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life. (shrink)

The idea that labor mixing confers property in unowned resources is, for many, the very heart of the Lockean system of property. In this essay I shall argue that this common view is mistaken. Locke...

Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...) : Recent philosophical literature on jurisdictional rights assumes they can be justified by a “theory of territorial rights” without a theory of self-determination. However, principles of self-determination of peoples should determine principles of jurisdictional boundaries, not the contrary. “Territorial rights” are essentially rights of governance, which derive from principles of self-determination. I support these theses by criticising arguments of Brilmayer, Simmons and Stilz. (shrink)

Political philosophers commonly tackle the issue of climate change by focusing on fundamental interests as a basis for human rights. This approach struggles, however, in cases where one set of fundamental interests requires one course of action, and another set of fundamental interests requires another course of action. This article advances an alternative response to climate change based on an account of global justice that gives weight to utilitarian, prioritarian, and luck egalitarian considerations. A practical application of this pluralistic account (...) is provided, which shows that it handles trade-offs between individuals’ interests in an appealing way, and that it supports an aggressive policy of climate change mitigation. This account provides a more plausible justification for rights against the harms of climate change. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...) as the moral boundary on trash-talking. Hence, the ownership theory is the moral boundary for trash-talking. I then considered a number of objections, the most important of which are that there is a side-constraint against trash-talking because it is degrading, disrespectful, exploitative, or objectifying and that the ownership theory is false because it confuses what is wrong with what is penalized. (shrink)

Predation poses a serious challenge for animal ethics of whatever ilk. For animal rights theory especially, the problem is potentially fatal as animal rights appear to require or permit interfering in nature to prevent predation, an implication that appears to be absurd. Several philosophers have written to deflect this challenge by showing how that implication is not absurd or how the allegedly entailed prescription to intervene does not follow from animal rights theory. A number of philosophers have taken different routes (...) to arrive at the same conclusion that intervention in wildlife predation is not morally permissible or required on the rights view. In this paper, I explore a route hitherto unused to the conclusion that intervention in predation is neither required nor permitted by animal rights theory. I deploy the Hohfeldian analytical framework of rights as well as aspects of the theory of self- or other- defence. This, in my view is the most thorough-going rights perspective on the predation problem. I expose some ad hoc, incoherent, utilitarian, and even speciesist arguments among animal rights solutions to the predation problem. The approach I have used avoids these flaws. Taking animal rights seriously means guarding against any tacit speciesism. I think using Hohfeld’s framework goes some way in keeping rights analysis free of implicit bias that might pollute our arguments in favour of human beings. (shrink)

I reply to each of the contributions in this issue. I agree with much that Hillel Steiner argues, especially his insistence that the associated ideas of impartiality and discontinuity are crucial to dealing satisfactorily with a diversity of competing claims. I am, however, less willing to conceive provision for that diversity as the role, rather than a role, that we should ascribe to rights. I question the success of David Miller’s endeavour to provide a unified justification of human rights grounded (...) in the concept of need. It is the notion of a minimally decent human life, rather than need itself, that does most of the justificatory work in Miller’s argument and, arguably, that notion does not deliver a genuinely unitary account of human rights. I concede the case for state funding of opera and the arts more generally to John Horton’s argument, but defend neutralism, and its associated distinction between the right and the good, as a strategy for dealing with diversity, including cultural diversity. I resist Richard Bellamy’s attempt to ground all basic rights in democracy and suggest that his argument relies upon idealized assumptions about the functioning of democracy. I share much of his objection to substituting judicial for political decision-making but argue that a strong moral commitment to rights need not imply a shift in power from democratic processes to courts. I endorse Albert Weale’s argument for favouring a beneficial design approach over a rights approach to healthcare and to many other social goods. Rights should not monopolize our moral and political thinking. (shrink)

John Rawls argued in The Law of Peoples that we should reject any principle of international distributive justice, whether in ideal theory or nonideal theory. Instead, he advocated a duty of assistance on the part of well‐ordered societies toward burdened societies. I argue that Rawls is correct that we should endorse a principle with a target and cut‐off point rather than a principle of international distributive justice. But the target and cut‐off point he favors is too undemanding, because it can (...) be met by assisting a burdened society to become a decent people. Instead, only a society that respects the right to an adequate standard of living, and not simply a right to subsistence, can be an acceptable target. Rawls is prevented from drawing this conclusion by a failure to disentangle issues of intervention and assistance, a failure bound up with his flawed, intervention‐driven account of human rights in defining a decent people. (shrink)

In this book Billy Christmas advances an interpretation of justice grounded in a distinctive theory of property. Christmas’ account of property is at the same time pluralistic – it justifies various forms of property of external objects – and grounded in one original natural right: the right to freedom. Indeed, one main take-away of the book is that freedom as non-interference does not only justify private property: it can also justify common property.

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

The death of Peter Winch in 1997 sparked a revived interest in his work with this book arguing his work suffered misrepresentation in both recent literature and in contemporary critiques of his writing. Debates in philosophy and sociology about foundational questions of social ontology and methodology often claim to have adequately incorporated and moved beyond Winch's concerns. Re-establishing a Winchian voice, the authors examine how such contentions involve a failure to understand central themes in Winch's writings and that the issues (...) which occupied him in his Idea of a Social Science and its Relation to Philosophy and later papers remain central to social studies. The volume offers a careful reading of the text in alliance with Wittgensteinian insights and alongside a focus on the nature and results of social thought and inquiry. It draws parallels with other movements in the social studies, notably ethnomethodology, to demonstrate how Winch's central claim is both more significant and more difficult to transcend than sociologists and philosophers have hitherto imagined. (shrink)

Leistungssportlerinnen, die in populären Sportarten erfolgreich sind, kommen in den Genuss hoher Einkommen und großen sozialen Ansehens. Gleichzeitig ist ihr Erfolg von Voraussetzungen abhängig, die zu einem signifikanten Teil von ihrem Genotyp bestimmt werden. Diesen Sportlern werden also durch gesellschaftliche Prozesse substantielle Vorteile aufgrund von Eigenschaften zuteil, auf deren Vorhandensein sie keinen Einfluss haben. Wir untersuchen, wie wir vor dem Hintergrund verschiedener Gerechtigkeitsvorstellungen mit diesem Phänomen umgehen sollten. Wir argumentieren, dass die konsistente Berücksichtigung von Intuitionen zur gerechten Güterverteilung an Wettkämpferinnen (...) eine deutliche Ausweitung des Einsatzes von Wettkampfklassen erfordert. Die bestehenden Ungleichverteilungen lassen sich nicht allein mit Verweis auf ein Recht auf Selbsteigentum rechtfertigen. Sie verursachen auch keine Verbesserungen der Lage von besonders schlecht gestellten Individuen im Wirkungsbereich des Leistungssports, auf die zugunsten ihres Weiterbestehens verwiesen werden könnte. Trotz des erheblichen Aufwandes und der deutlichen Veränderungen im Charakter des Leistungssports, die mit der vorgeschlagenen Differenzierung von Wettkampfklassen einhergingen, ist diese Maßnahme geboten. (shrink)

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem (...) inadequately approaches the relationship between the individual and the community. The third part deals with the inconsistent points in Rawls's theory contained in part two, i.e. his principles of justice selected with the aid of social contract. In the fourth part, the paper concentrates on the consequences of these limitations for a socially distributive dimension of justice or as an approach for dealing with disproportionate global inequalities. The last part formulates the causes of the limitations of Rawls's theory of international justice and points out the need for a global justice which is socially and inter-culturally considerate. (shrink)

Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure from (...) familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

For many persons, ‘Holocaust‐abomination’is a fixed point on their moral compass: if anything can be evil, it was. Yet at least one of the justifications deployed by its perpetrators (the eugenics argument) invokes widely‐held values concerning human health and procreation. Hence persons endorsing many current activities based on those values (e.g. genetic counselling) have been charged with being on a morally deplorable slippery slope. This paper sketches the necessary structure of a moral position capable of consistently embracing those values without (...) placing its occupants on that slippery slope. (shrink)

Susan Moller Okin's critique of libertarianism in Justice, Gender, and the Family has received only slight attention in the libertarian literature. I find this neglect of Okin's argument surprising: The argument is straightforward and, if sound, it establishes a devastating conflict between the core libertarian notions of self-ownership and the acquisition of property through labour. In this paper, I first present a reconstruction of Okin's argument. In brief, she points out that mothers make children through their labour; thus it would (...) seem that mothers own their children; but this implies that the children are not self-owners. I then examine the two most common objections to this argument in the literature: mothers do not make children, and acquisition by labour includes an exception for persons. I give several replies to each objection, including an extension of Okin's argument that I call Okin's dilemma. This dilemma argues that the libertarian can avoid Okin's conclusion only by requiring an.. (shrink)

Agents do not merely have duties – they often have directed duties to others. This paper first reveals problems with traditional attempts to equate these directed duties with claims and claim rights. It then defends a novel account of directionality that locates the unifying element of directed duties in a counterparty’s prioritization of the duties owed to her. If one agent has a directed duty to another, then the degree to which fulfilling the duty matters to the agent to whom (...) it is owed itself matters – in a distinctive, special and inherent sense. This subject-determined normative significance of directed duties can be used to articulate a priority account of directionality, an account that can demonstrate why many have taken control powers, interests or the authority to demand compliance to be so important in analyzing the directed duties we owe to others. (shrink)

The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to their criticism is problematic (...) insofar as it produces the following dilemma: either Pettit must concede that domination which one regards as consistent with one’s own best interests does not limit one’s freedom or he must embrace the implication that one can be forced to be free, a result he explici tly wants to avoid. Second, I argue that, despite the inadequacy of Pettit’s response, he is ultimately right in thinking that domination and negative liberty are sometimes compatible. My central contention, then, is that neither Pettit’s non-domination view nor Carter and Kramer’s pure negative view are able to account for the loss of liberty one suffers under conditions of domination. (shrink)

This article provides a survey of various topics in which questions about taxation feature alongside questions about justice. It seeks to argue mainly that taxation is a rather fragmentary domain of inquiry about which it is hard to envisage the development of views about what justice requires with respect to tax policy in general. Guided by this idea, the article attempts to highlight some aspects of taxation whose connection with justice has been under-explored by philosophers, as well as to acquaint (...) the reader with a sense of the more thoroughly researched areas. (shrink)

Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second (...) can better justify a right to rear. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...) to an agent. After briefly outlining the main characteristics of overall freedom as defended by Hillel Steiner and Ian Carter, the article shows that this notion is able to capture many of our intuitions about when and how risk imposition disadvantages an agent, without reference to welfare indicators. The article argues that if this non-welfarist perspective can be defended, then it would be easier to approach a number of applied questions about risk, including the questions of when risk imposition is permissible or legitimate, in which ways risk can be an object of distributive justice and how one can be compensated for being subject to a risk. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

This paper aims to offer a plausible and renewed defence of the axioms of the already well-known account of political philosophy ‘luck egalitarianism’. By finding certain support not only in the Kantian moral programme but also in widely accepted intuitions of our time, it is contended that luck egalitarianism possesses sufficient justification to become an ethical guide at the global level, revealing plausibly the existence of a compelling positive moral duty to terminate global poverty and denouncing its toleration as nothing (...) but a matter of injustice. The arguments provided to embrace such a proposal are built upon the widely accepted claim in moral philosophy that ‘all persons are equal in fundamental moral worth’. From this standpoint, I argue that the luck egalitarian doctrine can not only satisfy such a claim to its ultimate consequences, but it also reasonably overcome its most severe challenges that have diminished its merits in recent times when it aspires to become a tenable theory of justice. (shrink)

Republican freedom is freedom from domination juxtaposed to negative freedom as freedom from interference. Proponents argue that republican freedom is superior since it highlights that individuals lose freedoms even when they are not subject to interference, and claim republican freedom is more ‘resilient’. Republican freedom is trivalent, that is, it includes the idea that someone might be non-free to perform some actions rather than unfree, and in that sense everyone regards republican freedom as different from negative freedom. Trivalence makes republican (...) freedom moralized according to negative libertarians. Beyond that, negative libertarians argue that all the supposed advantages of republican freedom are compatible with those of pure negative-freedom measures. That is, losses and gains of republican freedom are captured in measures of pure negative freedom, and any protection for republican freedom also protects negative freedom, ensuring each is equally resilient. Since republican freedom has no advantages over negative freedom, but has other problems (is moralized and is trivalent), negative freedom is superior. I examine this debate in this article through the ‘coalition problem’ for republican freedom. The coalition problem is that since there is always a coalition of others who could dominate any agent in any sphere, all agents are subject to domination, and hence no one can ever have republican freedom. Pettit’s simple solution to this reductio ad absurdum distinguishes potential from actual coalitions. Individuals are only dominated by actual coalitions, and not by potential ones. The simple solution highlights moralization problems as it demonstrates that domination cannot be purely institutionally defined, but requires consideration of dispositions and expectations about others’ behaviour. I argue that the differences between the ‘free man’ and ‘unfree person’ paradigmatic to republican arguments is best captured not by the difference between domination and interference, but, rather, from familiar distinctions between different types of rights and freedoms. Resilience is a practical matter that might track some of these familiar distinctions. (shrink)

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its (...) basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly. (shrink)

RÉSUMÉ: La notion de propriété de soi présuppose la définition des droits de propriété sur les ressources externes que le libertarisme de gauche limite habituellement aux ressources naturelles. Or, dans une économie spécialisée, la propriété de soi doitégalement être complétée par une définition des droits de propriété sur le surplus coopératif. S'il est cohérent, pour un libertarien de gauche, de considérer le surplus coopératif comme ressource externe et de le distribuer d'une manière égale, on doit en outre observer qu'une théorie (...) de la justice doit se prononcer sur les questions distributives dans plusieurs contextes. Articuler les différences entre ces contextes nous permet de préciser la relation que le libertarisme de gauche entretient avec d'autres théories de la justice.ABSTRACT: Any substantive notion of self-ownership presupposes well-defined property rights over external resources. Left-libertarians usually limit this category to natural resources. I argue that in a specialized economy, substantive self-ownership equally needs to be complemented by a definition of property rights to the cooperative surplus. The natural way for left-libertarianism to provide such a definition is to view the cooperative surplus as an external resource and to distribute it equally. The second part of the article makes the general point that a complete theory of justice needs to take a stance on distribution in various contexts. Articulating the differences between these contexts allows us to gain a better understanding of how left-libertarianism relates to other theories of justice. (shrink)

Governments must keep agricultural systems free of pests that threaten agricultural production and international trade. Biosecurity surveillance already makes use of a wide range of technologies, such as insect traps and lures, geographic information systems, and diagnostic biochemical tests. The rise of cheap and usable surveillance technologies such as remotely piloted aircraft systems presents value conflicts not addressed in international biosurveillance guidelines. The costs of keeping agriculture pest-free include privacy violations and reduced autonomy for farmers. We argue that physical and (...) digital privacy in the age of ubiquitous aerial and ground surveillance is a natural right to allow people to function freely on their land. Surveillance methods must be co-created and justified through using ethically defensible processes such as discourse theory, value-centred design and responsible innovation to forge a cooperative social contract between diverse stakeholders. We propose an ethical framework for biosurveillance activities that balances the collective benefits for food security with individual privacy: establish the boundaries of a biosurveillance social contract; justify surveillance operations for the farmers, researchers, industry, the public and regulators; give decision makers a reasonable measure of control over their personal and agricultural data; and choose surveillance methodologies that give the appropriate information. The benefits of incorporating an ethical framework for responsible biosurveillance innovation include increased participation and accumulated trust over time. Long term trust and cooperation will support food security, producing higher quality data overall and mitigating against anticipated information gaps that may emerge due to disrespecting landholder rights. (shrink)