An argument against the bias towards the near; how a defence of temporal neutrality is not a defence of S; an appeal to inconsistency; why we should reject S and accept CP.

This book addresses the perennial question: What is justice?

Capitalist societies are full of unacceptable inequalities. Freedom is of paramount importance. These two convictions, widely shared around the world, seem to be in direct contradiction with each other. Fighting inequality jeopardizes freedom, and taking freedom seriously boosts inequality. Can this conflict be resolved? In this ground-breaking book, Philippe Van Parijs sets a new and compelling case for a just society. Assessing and rejecting the claims of both socialism and conventional capitalism, he presents a clear and compelling alternative vision of (...) the just society: a capitalist society offering a substantial and unconditional basic income to all its members. Not just an exercise in political theory, this book reveals a new ideal of a free society and its meaning in the real world by drawing out its policy implications. It is essential reading for anyone concerned about the just society and the welfare state as we move into the twenty-first century. (shrink)

Unprecedented advances in medicine, genetic engineering, and demographic forecasting raise new questions that strain the categories and assumptions of traditional ethical theories. Heyd's approach resolves many paradoxes in intergenerational justice, while offering a major test case for the profound problems of the limits of ethics and the nature of value.

In this strikingly original book, one of the leading scholars in the field focuses on the influential idea of deliberative democracy. Goodin examines the great challenge of how to implement the deliberative ideal among millions of people at once and comes up with a novel solution: 'democratic deliberation within'.

The first comprehensive philosophical examination of our duties to future generations, Dr de-Shalit argues that they are a matter of justice, not charity or supererogation.

0n a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.

Child Versus Childmaker investigates a "person-affecting" approach to ethical choice. A form of consequentialism, this approach is intended to capture the idea that agents ought both do the most good that they can and respect each person as distinct from each other. Focusing on cases in which a conflict of interest arises between "childmakers"—parents, infertility specialists, embryologists, and others engaged in the task of bringing new people into existence—and the children they aim to create, the author considers what we today (...) owe those who will come into existence tomorrow. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

The distinction between a type and its tokens is a useful metaphysical distinction. In §1 it is explained what it is, and what it is not. Its importance and wide applicability in linguistics, philosophy, science and everyday life are briefly surveyed in §2. Whether types are universals is discussed in §3. §4 discusses some other suggestions for what types are, both generally and specifically. Is a type the sets of its tokens? What exactly is a word, a symphony, a species? (...) §5 asks what a token is. §6 considers the relation between types and their tokens. Do the type and all its tokens share the same properties? Must all the tokens be alike in some or all respects? §7 explains some problems for the view that types exist, and some problems for the view that they don't. §8 elucidates a distinction often confused with the type-token distinction, that between a type (or token) and an occurrence of it. It also discusses some problems that occurrences might be thought to give rise to, and one way to resolve them. (shrink)

This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

Unprecedented advances in medicine, genetic engineering, and demographic forecasting raise new questions that strain the categories and assumptions of traditional ethical theories. Heyd's approach resolves many paradoxes in intergenerational justice, while offering a major test case for the profound problems of the limits of ethics and the nature of value.

This volume provides a thought-provoking critique the main, existing school of environmental ethics and seeks to build a more coherent and rigorous philosophical basis for future environmental policy.

This is the second of two chapters on preference democracy. It points out that theories of liberal democracy necessarily require systematic responsiveness to popular wishes, in ways that make them fundamentally ‘preference‐respecting’, but that there are many different kinds of preferences and correspondingly many different ways of respecting them. Different models of democracy are better at providing certain sorts of respect for certain sorts of preferences than others, and which model of democracy liberal democrats want to adopt therefore depends on (...) which sorts of preferences they want to accord which sort of respect. The central claim of this chapter is that the author's preferred model of ‘democratic deliberation within’ is preference‐respecting in the right way, and that it therefore deserves a key role in any larger system of democratic accountability. The different sections of the chapter are: Respecting Preferences, Not Just Recording Them; Permissible Paternalism; Assessing Alternative Models of Preference‐Respecting Democracy; The Virtues of Sporadic Assessments: Preference‐Respecting Arguments for Indirect Democracy; and Combining ‘Democratic Deliberation Within’ and Trustee‐style Representative Democracy. (shrink)

In this article, we explore the implications of a Rawlsian theory for intergenerational issues. First, we confront Rawls's way of locating his `just savings' principle in his Theory of Justice with an alternative way of doing so. We argue that both sides of his intergenerational principle, as they apply to the accumulation phase and the steady-state stage, can be dealt with on the bases, respectively, of the principle of equal liberty (and its priority) and of the difference principle. We then (...) proceed by focusing on the implications of applying maximin to his steady-state stage. One central claim is that, in principle, Rawlsians should consider not only generational dissavings, but also generational savings, as unfair. This principle suffers a series of exceptions on which we focus in the fourth section of the article. In some cases, growth can be maximin compatible. (shrink)

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.

It has been argued by some that the present non-existence of future persons entails that whatever obligations we have towards them are not based on rights which they have or might come to have. This view is refuted. It is argued that the present non-existence of future persons is no impediment to the attribution of rights to them. It is also argued that, even if the present non-existence of future persons were an impediment to the attribution of rights to them, (...) the rights they will have when they come into existence constitute a constraint on present actions. Both arguments build on a suggestion of Joel Feinberg's. Next, three arguments are considered which, while they do not highlight the non-existence issue, are related to it. The view that the causal dependence, of (some) future people on present policies, erodes or weakens the claim that rights considerations should constrain our present actions concerning them, is considered and rejected. The view that future people can only have rights to what is available at the time at which these people come into existence is considered and rejected. So too is the view that the attribution of rights to future people involves, in virtue of resource scarcity, an unacceptable arbitrariness. (shrink)

Est-il moralement acceptable de transmettre aux générations futures des déchets nucléaires ou une biodiversité réduite à une peau de chagrin ? Les personnes futures sauraient-elles être titulaires de droits alors qu'elles n'existent pas ? Est-il juste de revoir à la baisse le montant des retraites pour lesquelles des pensionnés ont cotisé toute leur vie ou de transférer aux générations à venir une dette publique considérable ? Chacune de ces questions a trait à différents domaines de notre existence. Pourtant, un fil (...) rouge les relie : celui de la justice entre les générations. Brûlantes d'actualité, ces interrogations se voient bien souvent offrir pour seule réponse le dénuement relatif de nos théories. Ainsi, des concepts comme ceux de " droit acquis " en matière de pensions ou de " développement durable " ne sauraient faire office d'arguments s'ils ne s'appuient pas sur un solide arrière-fond théorique issu de la philosophie morale et politique. Car l'économie publique ou la biologie des populations ne peuvent suffire à aiguiller les citoyens et leurs représentants sur les choix qui leur incombent en matière intergénérationnelle. La philosophie a aussi son rôle à jouer, à la condition qu'elle ait la modestie d'être à l'écoute d'autres disciplines, l'exigence d'articuler clairement ses présupposés, et le courage de se frotter à la pratique [4ème de couverture ]. (shrink)

The paper considers the morality of nuclear energy development as it concerns future people, especially the creation of highly toxic nuclear wastes requiring long?term storage. On the basis of an example with many parallel moral features it is argued that the imposition of such costs and risks on the future is morally unacceptable. The paper goes on to examine in detail possible ways of escaping this conclusion, especially the escape route of denying that moral obligations of the appropriate type apply (...) to future people. The bulk of the paper comprises discussion of this philosophical issue, including many arguments against assigning obligations to the future drawn both from analyses of obligation and from features of the future such as uncertainty and indeterminacy. A further escape through appeal to moral conflict is also considered, and in particular two conflict arguments, the Poverty and Lights?going?out arguments are briefly discussed. Both these escape routes are rejected and it is concluded that if the same standards of behaviour are applied to the future as to the present, nuclear energy development is morally unacceptable. (shrink)

Article 25 of the Universal Declaration of Human Rights reads as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” I shall refer to the right postulated here as “the right to an adequate standard of living” or “The Right.”.

It is widely believed that environmental conservation has to be guided by respect for the ‘rights’ of future generations. But it is argued in this chapter that it may not be plausible to think in terms of the ‘rights’ of future generations in general or their rights to any specific environmental assets. Future generations may well have rights when they come into existence, but these will only be rights that can be satisfied at the time. But ‘rights’ do not exhaust (...) the whole of morality, and future generations will certainly have interests, which means that we are under moral obligation to take account of them and of the effect that our environmental policies may have on them. Thus, the problem is to predict what the main interests of future generations will be and how to weigh them up against the interests of people alive today. It is argued that this approach will lead to a very different ranking of priorities among our moral obligations to future generations. (shrink)

In this paper, the author offers a synoptic view of different theories of intergenerational justice, along two dimensions (savings/dissavings) and three modalities (prohibition, authorisation, obligation). After presenting successively the indirect reciprocity, the mutual advantage, the utilitarian and the Lockean approaches, special attention is given to the egalitarian theory of intergenerational justice. Two key differences between the egalitarian view on intergenerational justice and the sufficientarian interpretation of sustainability are highlighted.

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the right (...) to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

Wrongful life is an action brought by a defective child who sues to recover for pecuniary or emotional damages suffered as a result of being conceived or born with deformities. In such cases, plaintiff alleges that the negligence of a responsible third party,1 such as physician, hospital, or medical laboratory, is the proximate cause of plaintiff's being born or conceived and thus being compelled to suffer the debilitating effects of a deformity. The child does not sue to recover for the (...) deformity, but rather it is claimed in such cases that the child's life is itself a wrong to the child; hence, the name wrongful life.The present essay explores how the language of rights enters into wrongful life suits and critically evaluates rights appeals in these cases. Philosophical analysis yields the result that the ascription of rights to plaintiffs in wrongful life suits entails consequences we are unwilling to accept. (shrink)

"This volume is concerned with how we ought to evaluate the individual and collective actions on which the existence, numbers and identities of future people depend - discussed here as the "problem of contingent future persons." For it seems that those future persons who are brought into existence by such actions cannot benefit from or be harmed by them in any conventional sense. This is a relatively novel problem in ethics and as yet there is simply no consensus on how (...) we ought to evaluate such actions or, indeed, on whether we can. However, the pursuit of a solution to the problem has been interestingly employed by moral philosophers to press the limits of ethics and to urge a reconsideration of the nature and source of value at its most fundamental level. Intended for professional ethicists, policy researchers, and graduate students, this volume explores the theological implications of the problem and advances the investigation of it both philosophical and in theological terms." --Book Jacket. (shrink)

In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.

The A. discusses conditions for the idea of obligations towards the dead, while simultaneously holding the view that dead people have ceased to exist in a morally relevant sense. He examines and rejects three «lateral» strategies (Callahan, Wellman, Partridge) that rest on a notion of obligations concerning, rather than towards the dead. He then goes on to scrutinize Feinberg's «frontal» strategy, that consists in defending the possibility of (pre)posthumous harms, and, as a result, of obligations towards the dead. The A. (...) rejects this standpoint also, especially because of the deterministic view on which it rests, and because of the coexistence it implies between post-mortem properties and ante-mortem harm. Both lateral and frontal strategies thus fail to justify obligations towards the dead. The A. then suggests that if we wish to stick to the latter, we might have to endorse the metaphysical claim that seems to be implied in it (i.e. that dead people do exist in some morally relevant sense), unless we are ready to abandon the idea that a moral obligation towards a person only makes sense if this person is in a position to be harmed. (shrink)

The actions and decisions taken by the present generation will affect not only the welfare but also the composition of future generations. A number of authors have used this fact to bolster the conclusion that the present is only weakly obligated to provide for future welfare since in choosing between futures of poverty and abundance, we are not deciding the welfare of a well-defined group of future persons but instead deciding which set of potential persons – the poor or the (...) rich – will become actual. Provided that future generations have lives that are worth living, they will be grateful to us for bringing them into existence – or so the argument goes. In this paper, I argue that this position overlooks an important aspect of the intergenerational problem. We are obligated to provide for the actual children of today, who will in turn be obligated to provide for their children, and so forth from generation to generation. A chain of obligation is thus defined that stretches from the present into the indefinite future, and unless we ensure conditions favourable to the welfare of future generations, we wrong our existing children in the sense that they will be unable to fulfill their obligation to their children while enjoying a favourable way of life themselves. (shrink)