This article argues that the best way to pursue systematic normative ethical theorizing involves metaethical enquiry. My argument builds upon two central claims. First, I argue that plausible metaethical accounts can have implications that can help to resolve the methodological controversies facing normative ethics. Second, I argue that metaethical research is at least roughly as well supported as normative ethical research. I conclude by examining the implications of my thesis. Inter alia, it shows that the common practice of engaging in (...) systematic normative theorizing uninformed by metaethical commitments offers a significant and troubling hostage to metaethical fortune. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)

Many libertarians ground their theory of justice in a non-aggression principle. The NAP is often the basis for the libertarian condemnation of state action – that it is necessarily aggressive and therefore unjust. This approach is often criticised insofar as it defines aggression, in part, as the violation of legitimate property rights, and is therefore parasitical upon a prior – and unjustified – theory of property. While it is true that libertarians who defend the NAP sometimes fail to give a (...) satisfactory account of its relationship to libertarian property rights, such an account is in fact available. A commitment to property rights and to non-aggression can both be grounded in a commitment to non-interference. Such a principle, then, brings together the NAP and the theory of property it is parasitical upon, thus saving the unity and austerity of the overall approach. (shrink)

Hillel Steiner argues that a necessary and sufficient condition for the compossibility of a set of rights is that those rights be extensionally differentiable. However, given that two or more actions can extensionally overlap without thereby being mutually unperformable, if such actions are specified in the relevant rights, then those rights will not be incompossible, notwithstanding their extensional overlap. The set of compossible sets of rights then is greater than the subset of extensionally differentiable rights, and extensional differentiability is a (...) sufficient but unnecessary condition of compossibility. (shrink)

Discussions of the nature or possibility of moral expertise have largely proceeded in atheoretical terms, with little attention paid to whether moral expertise depends on theoretical knowledge of morality. Here I argue that moral expertise is more theory-dependent than is commonly recognized: Moral expertise consists, at least in part, in knowledge of the correct or best moral theory, and second, that knowledge of moral theory is essential to moral experts dispensing expert counsel to non-experts. Moral experts would not be moral (...) experts absent knowledge of moral theory, nor could they play the testimonial role we would expect them to play in moral inquiry and deliberation absent such knowledge. (shrink)

‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...) exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (shrink)

This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm (...) ground this liability in the luck egalitarian thought that we may justly hold individuals responsible for the consequences of their voluntary choices. Against this, I argue that a luck egalitarian commitment to holding people responsible cannot, by itself, ground liability to defensive harm. It can help ground such liability only against the backdrop of a distributively just society, and only if further considerations speak morally in favour of attaching certain well-defined costs to individuals’ risk-imposing choices. I conclude by suggesting that if an account of liability applies robustly across distributively just and unjust contexts alike, then what grounds an agent’s liability is plausibly not her responsibility for threatening objectively unjustified harm, but her culpability for doing so. (shrink)

We frequently engage in activities that impose a risk of serious harm on innocent others in order to realise trivial benefits for ourselves or third parties. Many moral theories tie the evidence-relative permissibility of engaging in such activities to the size of the risk that an individual agent imposes. I argue that we should move away from such a reliance on quantified individual risks when conceptualising morally permissible risk imposition. Under most circumstances of interest, a conscientious reasoner will identify a (...) gap between the factors they deem potentially relevant to the riskiness of an agent’s behaviour, and the factors they are reasonably able to quantify. This then leads a conscientious reasoner to conclude that they cannot, in good faith, come up with a quantitative risk estimate that is genuinely tailored to the agent’s particular situation. Based on this, I argue that principles of morally permissible risk imposition fail to provide us with practical guidance if they ask us to take into account our agent-specific risks in a quantified manner. I also argue that principles of permissible risk imposition which appeal to quantified individual risks implausibly imply that it is frequently indeterminate whether engaging in some risky activity is morally permissible. For both of these reasons, I contend that principles of morally permissible risk imposition should make no reference to quantified individual risks. They should instead acknowledge that any quantitative estimates that an agent might usefully be able to consider will likely not be tailored to the agent’s idiosyncratic situation. (shrink)

This paper discusses the prospects of a comprehensive philosophical account of promising that relies centrally on the notion of trust. I lay out the core idea behind the Trust View, showing how it convincingly explains the normative contours and the unique value of our promissory practice. I then sketch three distinct options of how the Trust View can explain the normativity of promises. First, an effect based-view, second, a view drawing on a wider norm demanding respect to those whom one (...) has invited to something, and finally, as a new suggestion, a Normative Interest View. This view holds that promising is a normative power that serves our interest in facilitating or enabling the relationship of trust between promisor and promisee. I argue that only those embracing the third view can fully account for the distinctive obligation that results from the giving of a valid promise in all cases. (shrink)

Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His thesis that judges decide (...) questions of policy without any methodology that distinguishes them from legislators does not hold. Judicial reasoning is subject to constraints that do not affect legislators. It must be based on the sources of law and is limited by rules of procedure. Even when the judges have ‘interstitial’ legislative powers they are, unlike the legislator, bound to fit the system and their decisions are considered in procedure from the perspective of the right answer doctrine. The only work that can convincingly refute the skeptic argument against legal science is the reconstruction of jurisprudence as a scientific enterprise. Such work is beyond the scope of any single paper. The article aims to give some inspirations for such a task. (shrink)

Suppose you find yourself in a situation in which you can either save both A and B or save only C. A, B and C are relevantly similar – all are strangers to you, none is more deserving of life than any other, none is responsible for being in a life-threatening situation, and so on. John Taurek argued that when deciding what to do in such a situation, you should flip a coin, thereby giving each of A, B and C (...) a 50% chance of survival . Only by doing this can we treat each person with the appropriate degree of respect. Taurek seemed to be employing the “Equal Greatest Chance” principle , according to which, when deciding whom to save, one must give each person the greatest possible chance of survival consistent with everyone else having the same chance. An obvious alternative is the “Save the Greater Number” principle . I describe an example that shows that EGC is false. I show that the example also demonstrates the falsity of other related views, including Jens Timmermann’s “Individualist Lottery Principle.” I conclude that SGN is true. And I extend the argument to other kinds of cases, showing that which person should be saved may depend on whether some additional well-being may be gained for someone in the process. (shrink)

The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense contradicts the (...) fundamental principles of criminal responsibility in that it authorizes violation of rights of innocent bystanders. By allowing the mountain climbers to override the property rights of the cabin owner, the defense effectively forbids the cabin owner to use force in response—a different rule would perpetuate violence. This outcome is at odds with the basic criminal law doctrines. There is no general duty to rescue in Anglo-American law. Yet, by forbidding the cabin owner to use force, the defense of necessity essentially imposes on him the duty to forego his interests in favor of those of the mountain climbers. The paper explores the origins and boundaries of the defense of necessity. It argues that the existing public and private theories of necessity are unsatisfactory and concludes that a viable theory of necessity should be able to explain why it is sometimes permissible to override individual rights of citizens without their consent or fault. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

In dieser Arbeit werden drei Gedankenexperimente geprüft, die im Diskurs zur Moralität der Abtreibung vorgebracht wurden: der Geiger von Judith J. Thomson und zwei Erwiderungen darauf von Kenneth Himma und Christopher H. Conn. Sie sind dadurch charakterisiert, dass sie von Rechten sprechen, eine besondere Betonung auf Verkörperung legen und an die moralische Intuition appellieren. Ich behaupte, dass nur menschliche Individuen Menschenrechte haben können und dass Individuation nicht auf der Verletzung der moralischen Rechte anderer basieren kann. Deshalb kann der Fetus weder (...) Träger von moralischen Rechten noch ein Aggressor gegen die Rechte seiner Mutter sein. Die Paradigmen der Umweltethik scheinen für moralische Überlegungen über Abtreibung besser geeignet zu sein als das Paradigma der Rechte. Im Zentrum der Umweltethik stehen eher Fürsorge und Achtung vor dem Leben als Rechte; sie ist auf Verkörperung und natürliche Prozesse abgestimmt und beruft sich mehr auf Gefühle der Fürsorge und Tugend als auf ein Gerechtigkeitsgefühl. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (shrink)

The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed (...) obligation and entitlement are not the same normative concept seen from two different perspectives. They are two very different concepts, and much is gained by keeping them distinct. (shrink)

(No abstract is available for this citation).

Three main motivations can explain compliance with social norms: fear of peer punishment, the desire for others' esteem and the desire to meet others' expectations. Though all play a role, only the desire to meet others' expectations can sustain compliance when neither public nor private monitoring is possible. Theoretical models have shown that such desire can indeed sustain social norms, but empirical evidence is lacking. Moreover it is unclear whether this desire ranges over others' “empirical” or “normative” expectations. We propose (...) a new experimental design to isolate this motivation and to investigate what kind of expectations people are inclined to meet. Results indicate that, when nobody can assign either material or immaterial sanctions, the perceived legitimacy of others' normative expectations can motivate a significant number of people to comply with costly social norms. (shrink)

In recent years, the practices of work organizations have raised increasing concerns regarding individual privacy at work. It is clear that people expect and value privacy in their personal lives. However, the extent to which privacy perceptions influence individuals’ work attitudes is less clear. Research has explored the extent to which employee perceptions of privacy derive from characteristics of the programs themselves. However, there is a paucity of research that examines how the characteristics of the individual employee may influence perceptions (...) of these programs. In this study we seek to shed light on this issue, as we examine how the individual ethical orientation of employees influences perceptions of a variety of human resource programs that have the potential to be perceived as invasive. Results indicate that ethical orientation exerts direct effects on perceived invasiveness of programs and exerts both direct and indirect effects on perceived appropriateness of programs. Implications for research and for managers adopting privacy-related programs are discussed. (shrink)

Since the passage of Title VII of the Civil Rights Act of 1964 and more recent Federal legislation, managers, regulators, and attorneys have been busy in sorting out the legal meaning of fairness in employment. While ethical managers must follow the law in their hiring practices, they cannot be satisfied with legal compliance. In this article, we first briefly summarize what the law requires in terms of fair hiring practices. We subsequently rely on multiple perspectives to explore the ethical meaning (...) of fairness in hiring. Ethical fairness underlies the law and regulations in this area, but goes beyond them as well. We conclude by demonstrating that ethical hiring practices enable managers to make better hiring decisions. (shrink)

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with recognizing the (...) inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

This volume seeks to further the use of formal methods in clarifying one of the central problems of philosophy: that of our free human agency and its place in our indeterministic world. It celebrates the important contributions made in this area by Nuel Belnap, American logician and philosopher. Philosophically, indeterminism and free action can seem far apart, but in Belnap’s work, they are intimately linked. This book explores their philosophical interconnectedness through a selection of original research papers that build forth (...) on Belnap’s logical and philosophical work. Some contributions take the form of critical discussions of Belnap's published work, some develop points made in his publications in new directions, and others provide additional insights on the topics of indeterminism and free action. In Nuel Belnap’s work on indeterminism and free action, three formal frameworks figure prominently: the simple branching histories framework known as "branching time;" its relativistic spatio-temporal extension, branching space-times; and the “seeing to it that” logic of agency. As those frameworks provide the formal background for the contributed papers, the volume introduction gives an overview of the current state of their development. It also introduces case-intensional first order logic, a general intensional logic offering resources for a first-order extension of the mentioned frameworks and a recent research focus of Belnap’s. The volume also contains an extended biographical interview with Nuel Belnap. (shrink)

This paper elucidates the rights violations caused by mass formal schooling systems and explores what students may do about them. Students have rights not to be harmed and rights to liberty (not to be oppressed), as well as attendant rights to (proportionately) defend their rights if necessary. For some time now, education has been dominated by mass formal schooling systems that harm and oppress many students. Such harm and oppression violate those students’ rights not to be harmed or oppressed, which (...) may justify student nonviolent defensive (or rights-protecting) action. (shrink)

We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...) reasons and explain the facts about the ways we should respond using something else entirely (e.g., expected value). We think a more fruitful approach is to explore the possibility of using decision-theoretic tools in a reasons-centred framework. (shrink)

Much attention has been paid to moral understanding as an individual achievement, when a single agent gains insight into distinctly moral matters. Crucially overlooked, I argue, is the phenomenon of shared moral understanding, when you and I understand moral matters together, in a way that can’t be reduced to each of us having moral understanding on our own. My argument pays close attention to two central moral practices: justifying our actions to others, and apologizing for wrongdoing. I argue that, whenever (...) I owe you a justification or an apology, I thereby owe it to you to aim at our coming to a shared moral understanding. My argument has two upshots. The first is a novel explanation of the importance of moral understanding in our lives, one that emphasizes the importance of understanding moral reasons together. The second is a better understanding of the very obligations involved in two of our most central interpersonal moral practices. (shrink)

This paper argues against the unity of the virtues, while trying to salvage some of its attractive aspects. I focus on the strongest argument for the unity thesis, which begins from the premise that true virtue cannot lead its possessor morally astray. I suggest that this premise presupposes the possibility of completely insulating an agent’s set of virtues from any liability to moral error. I then distinguish three conditions that separately foreclose this possibility, concentrating on the proposition that there is (...) more to morality than virtue alone—that is, not all moral considerations are ones to which some virtue is characteristically sensitive. If the virtues are not unified, the situationist critique of virtue ethics also turns out to be more difficult to establish than some have supposed. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version of (...) contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...) less mysterious. (shrink)

In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so (...) is explained, and the implications of this position regarding the relation between rights and duties is explored. (shrink)

Previous studies showed that self-interest biases moral perception of others’ unethical actions. Moreover, affective changes in attitudinal responses towards the perpetrator of an immoral act drives the bias. In the present studies, we attempted to answer the question whether people are aware of the self-interest bias in their judgments of others’ behavior. We conducted two experiments showing that moral judgments of verbally described and imagined actions were dominated by norms rather than self-interest and that people were not aware that self-interest (...) distorted their moral judgment. The unawareness of the self-interest bias among the participants was attributable to omission of their own emotional responses when forecasting their moral judgments. We discuss the importance of emotions presence in studies on moral judgments as well as contribution of the present research to the intuitionist approach to moral judgment. (shrink)

This article will focus on the ethical issues of vaccine mandates and stake claim to the relatively extreme position that outright requirements for people to receive the vaccine are ethically correct at both the governmental and institutional levels. One novel strategy employed here will be to argue that deontological considerations pertaining to consent rights cut as much in favor of mandating vaccines as against them. The presumption seems to be that arguments from consent speak semi-definitively against forcing people to inject (...) something into their bodies, and so any argument in favor of mandates must produce different and overriding logical and ethical considerations. Our central claim will be that the same logic that might seem to prohibit vaccine mandates as violations of consent actually supports such mandates when viewed from the perspective of the potential bystander who might otherwise be exposed to COVID-19. (shrink)

This paper focuses on the ethical justifiability of patents on Genetically Modified (GM) crops. I argue that there are three distinguishing features of GM crops that make it unethical to grant patents on GM crops, even if we assume that the patent system is in general justified. The first half of the paper critiques David Resnik’s recent arguments in favor of patents on GM crops. Resnik argues that we should take a consequentialist approach to the issue, and that the best (...) way to do so is to apply the Precautionary Principle, and that the Precautionary Principle, in this case, supports patents on GM crops. I argue that his argument in favor of a consequentialist treatment is invalid; his Precautionary Principle in any case appears to be incompatible with consequentialism; and his conception of reasonable precautions is too ill-defined to have any argumentative purchase. In the second half of the paper, I argue against GM crop patents, on three grounds. First, there is insufficient evidence to say whether allowing patents on GM crops will make research go faster than not having patents, whilst there is a good reason to think that, other things being equal, a society that allows patents on GM crops will be less just than one that does not. Second, even assuming that patents on GM crops will increase the pace of GM crop research, there is no social need to do so. Third, patents on GM crops will frequently have ethically unacceptable side effects. (shrink)

From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...) what they achieve or do: they can be ‘intrinsically unjust’. Institutions, I argue, are intrinsically unjust when they have legal liberties and powers without having the corresponding moral liberties and powers. States without political authority are intrinsically unjust in that sense. Hence the issues of a state’s justness and a state’s political authority cannot be dealt with separately. This is a problem not only for left-libertarians but for ‘philosophical anarchism’ more generally. (shrink)

Enkratic reasoning—reasoning from believing that you ought to do something to an intention to do that thing—seems good. But there is a puzzle about how it could be. Good reasoning preserves correctness, other things equal. But enkratic reasoning does not preserve correctness. This is because what you ought to do depends on your epistemic position, but what it is correct to intend does not. In this paper, I motivate these claims and thus show that there is a puzzle. I then (...) argue that the best solution is to deny that correctness is always independent of your epistemic position. As I explain, a notable upshot is that a central epistemic norm directs us to believe, not simply what is true, but what we are in a position to know. (shrink)

The cluster of concerns usually identified asmatters of privacy can be adequately accountedfor by unpacking our natural rights to life,liberty, and property. Privacy as derived fromfundamental natural rights to life, liberty,and property encompasses the advantages of thecontrol and restricted access theories withouttheir attendant difficulties.

This paper defends the thesis that privacy as a right is derived from fundamental rights to life, liberty, and property and does not permit restricting the commodification of bodily material; however, privacy as life, liberty, property does require conventions that ensure a robust and just market in bodily material. The analysis proceeds by defending a general commitment to liberty and markets, but not in the manner one might expect from a ‘doctrinaire’ libertarian. Ethical concerns about commodification are legitimate in the (...) context of new medical and information technologies, but these concerns are not sufficiently well defined to justify political conclusions, since not every ethical concern is in itself a political concern, and the best way to resolve certain ethical difficulties is to draw up political boundaries that facilitate the discovery and testing of various solutions to our ethical puzzles. To illustrate the point, I will indicate how privacy as life, liberty, property defines such a dynamic solution to the problems of commodification of human bodily material and slippery information in insurance markets. (shrink)

Assume consequentialism and assume moral properties are causally efficacious. Then, I’ll argue, a puzzle arises. These assumptions lead to denying each of two plausible metaphysical principles: that a cause cannot cause anything occurring before its ground and that a cause cannot cause anything belonging to its ground. We therefore have to reject either consequentialism or the causal efficacy of moral properties or the plausible metaphysical principles. And, I’ll show, the puzzle arises again even if we replace moral properties with the (...) non-moral properties making things right. Which component to reject is a question for another occasion: my aim here is to present the puzzle. It is a puzzle worth thinking about: no matter how we solve it, we stand to learn something, be it in normative ethics, metaethics, or metaphysics. And, I’ll suggest at the end of the paper, my arguments can be applied to other domains as well. (shrink)

The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a (...) global health law framework. (shrink)

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...) from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

The current position on the deceased’s consent and the family’s consent to organ and tissue donation from the dead is a double veto—each has the power to withhold and override the other’s desire to donate. This paper raises, and to some extent answers, questions about the coherence of the double veto. It can be coherently defended in two ways: if it has the best effects and if the deceased has only negative rights of veto. Whether the double veto has better (...) effects than other policies requires empirical investigation, which is not undertaken here. As for rights, the paper shows that it is entirely possible that individuals have a negative right of veto but no positive right to compel acceptance of their offers. Thus if intensivists and transplant teams turn down the deceased’s offer, they do not thereby violate the deceased’s right. This leaves it open whether non-rights based reasons—such as avoiding bad publicity or distress —require intensivists and transplant teams to turn down or accept the deceased’s offer. This, however, is beyond the scope of this paper. The current position may or may not be wrong, but it is at least coherent. (shrink)