Introduction : but is it ethics? -- Alterity : the problem of transcendence -- Singularity : the unrepresentable face -- Responsibility : the infinity of the demand -- Ethics : normativity and norms -- Scarce resources? : Levinas, animals, and the environment -- Failures of recognition and the recognition of failure : Levinas and identity politics.

Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempts to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a "constructivist" vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, autonomy and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasizes differences between Kant's ethics and recent "Kantian" ethics, including the work of John Rawls and other contemporary liberal political philosophers. (shrink)

Virtue ethics is standardly taught and discussed as a distinctive approach to the major questions of ethics, a third major position alongside Utilitarian and Kantian ethics. I argue that this taxonomy is a confusion. Both Utilitarianism and Kantianism contain treatments of virtue, so virtue ethics cannot possibly be a separate approach contrasted with those approaches. There are, to be sure, quite a few contemporary philosophical writers about virtue who are neither Utilitarians nor Kantians; many of these find inspiration in ancient (...) Greek theories of virtue. But even here there is little unity. Although certain concerns do unite this disparate group (a concern for the role of motives and passions in good choice, a concern for character, and a concern for the whole course of an agent''s life), there are equally profound disagreements, especially concerning the role that reason should play in ethics. One group of modern virtue-theorists, I argue, are primarily anti-Utilitarians, concerned with the plurality of value and the susceptibility of passions to social cultivation. These theorists want to enlarge the place of reason in ethics. They hold that reason can deliberate about ends as well as means, and that reason can modify the passions themselves. Another group of virtue theorists are primarily anti-Kantians. They believe that reason plays too dominant a role in most philosophical accounts of ethics, and that a larger place should be given to sentiments and passions -- which they typically construe in a less reason-based way than does the first group. The paper investigates these differences, concluding that it is not helpful to speak of virtue ethics, and that we would be better off characterizing the substantive views of each thinker -- and then figuring out what we ourselves want to say. (shrink)

La ética de la virtud es frecuentemente considerada una categoría singular de la teoría ética, y una rival del kantismo y del utilitarismo. Considero que es un error, puesto que tanto kantianos como utilitaristas pueden tener, y tienen, un interés en las virtudes y en la formación del carácter. Mas, aun si focalizamos el grupo de teóricos de la ética, comúnmente llamados "teóricos de la virtud", porque rechazan la dirección tanto del kantismo como del utilitarismo y se inspiran en la (...) ética griega antigua, hay poca unidad en este grupo. Aun cuando hay un delgado territorio común que vincula a todos los miembros del grupo -una preocupación por la formación del carácter, la naturaleza de las pasiones y por la elección sobre el transcurso entero de la vida- también hay diferencias cruciales entre ellos. (shrink)

An applicant to our graduate program in philosophy, accepted as well by one (but only one) other graduate program, wrestles with his decision. Finally he decides to attend the other program, but he thanks me for our offer, telling me, "I'm glad that at least I had a choice." I want to focus a bit on these two stories, for while the central conclusion in each -- something turning on the importance of choice -- is initially compelling, it is also, (...) on reflection, philosophically puzzling. It is compelling, because many of us in similar positions would share this response; phenomenologically, it feels right to us. We want to believe that the central facts of our lives -- whether or not we have children, where we are educated, what career we follow, with 1 whom we join as partners -- contain in them some fundamental element of our own selection and decision. We will be exploring below exactly what will turn out to be important here, and why, but for now, in our pre-reflective grasp of this phenomenon, we can say that it seems to have something to do with the value we place on autonomy, self-governance, self-authorship. We want, metaphorically speaking, to write the story of our own lives. But let me now begin to draw out why I find this insistence on the importance of choice, which so many of us would share, to be so puzzling. Both individuals, in both stories, want to be offered a certain additional option in order to have -- or at least to feel that they have? -- a choice about what they are going to do next. But, on the one hand, we could argue that, even with this added option, they still don't have a "real" choice -- they don't have the choice of doing what they most want to do; and on the other hand, one could argue that even without the added option, they always had some choice. Let me explain. In the first story, my friend certainly doesn't have open to her the option that would have been her first choice (and, in our society, what we might call the standard choice, the most frequently chosen option): to produce a biological child with her partner in a happy marriage.. (shrink)

Theories of rights seem well equipped to explain widely accepted claims about the morality of harming. But can they explain popular claims about the morality of imposing risks of harm? Many think not. But a plausible theory of rights can explain those claims if it says we have the right that others not impose risks of harm upon us. That is a good reason to believe we have that right. There are many objections to the claim that we have that (...) right, but none of them are sound. Among the topics covered are: the permissibility of rights infringements, trivial rights infringements, the permissibility of risk impositions, the aggregation of rights, consent, self-defense, punishment, and compensation. (shrink)

When is political compromise acceptable--and when is it fundamentally rotten, something we should never accept, come what may? What if a rotten compromise is politically necessary? Compromise is a great political virtue, especially for the sake of peace. But, as Avishai Margalit argues, there are moral limits to acceptable compromise even for peace. But just what are those limits? At what point does peace secured with compromise become unjust? Focusing attention on vitally important questions that have received surprisingly little attention, (...) Margalit argues that we should be concerned not only with what makes a just war, but also with what kind of compromise allows for a just peace. Examining a wide range of examples, including the Munich Agreement, the Yalta Conference, and Arab-Israeli peace negotiations, Margalit provides a searching examination of the nature of political compromise in its various forms. Combining philosophy, politics, and history, and written in a vivid and accessible style, On Compromise and Rotten Compromises is full of surprising new insights about war, peace, justice, and sectarianism. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

How should we decide which inequalities between people are justified, and which are unjustified? One answer is that such inequalities are only justified where there is a corresponding variation in responsible action or choice on the part of the persons concerned. This view, which has become known as 'luck egalitarianism', has come to occupy a central place in recent debates about distributive justice. This book is the first full length treatment of this significant development in contemporary political philosophy. Each of (...) its three parts addresses a key question concerning the theory. Which version of luck egalitarian comes closest to realizing luck egalitarian objectives? Does luck egalitarianism succeed as a view of egalitarian justice? And is it sound as an account of distributive justice in general? The book provides a distinctive answer to each of these questions, along the way engaging with the leading theorists identified in the literature as luck egalitarians, such as Richard Arneson, G. A. Cohen, and Ronald Dworkin, as well as the most influential critics, including Elizabeth Anderson, Marc Fleurbaey, Susan Hurley, Samuel Scheffler, and Jonathan Wolff. (shrink)

Controversies about abortion, the environment, pornography, AIDS, and similar issues naturally lead to the question of whether there are any values that can be ultimately justified, or whether values are simply conventional. John Kekes argues that the present moral and political uncertainties are due to a deep change in our society from a dogmatic to a pluralistic view of values. Dogmatism is committed to there being only one justifiable system of values. Pluralism recognizes many such systems, and yet it avoids (...) a chaotic relativism according to which all values are in the end arbitrary. Maintaining that good lives must be reasonable, but denying that they must conform to one true pattern, Kekes develops and justifies a pluralistic account of good lives and values, and works out its political, moral, and personal implications. (shrink)

David Hume's Enquiry concerning Human Understanding is the definitive statement of the greatest philosopher in the English language. His arguments in support of reasoning from experience, and against the "sophistry and illusion"of religiously inspired philosophical fantasies, caused controversy in the eighteenth century and are strikingly relevant today, when faith and science continue to clash. The Enquiry considers the origin and processes of human thought, reaching the stark conclusion that we can have no ultimate understanding of the physical world, or indeed (...) our own minds. In either sphere we must depend on instinctive learning from experience, recognizing our animal nature and the limits of reason. Hume's calm and open-minded skepticism thus aims to provide a new basis for science, liberating us from the "superstition" of false metaphysics and religion. His Enquiry remains one of the best introductions to the study of philosophy, and his edition places it in its historical and philosophical context. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (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)

The paper argues that Rawls's account of the obligation to keep promises entails that inasmuch as we are obliged to keep promises, we are also obliged to carry out threats. On the basis of the principle of fairness, Rawls claimed that a social practice creates a moral obligation if it is just, and one has benefited from it or entered it voluntarily. A practice of threats meets Rawls's first principle of justice. We may reasonably assume that immoral threats, just like (...) immoral promises, are not socially obliging. Threats meet Rawls's second principle of justice mainly because weaker parties benefit from drawing red lines, backed by credible threats. Finally, threats create social benefits: they contribute to social cooperation and collaboration. The argument entails that we must either accept the counterintuitive claim that threats are morally binding, or reject Rawls's account of the obligation to keep promises. (shrink)

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

Human conflict and its resolution is obviously a subject of great practical importance. Equally obviously, it is a vast subject, ranging from total war at one end of the spectrum to negotiated settlement at its other end. The literature on the subject is correspondingly vast and, in recent times, technical, thanks to the valuable contributions made to it by game theorists, economists, and writers on industrial and international relations. In this essay, however, I shall discuss only one familiar form of (...) conflict-resolution. There is room for such a discussion, because philosophers have lately neglected compromise, despite the interest shown in it by the aforementioned experts, and despite the classic treatments of it by Halifax, Burke and Morley. Truly, ‘…compromise is not so widely discussed by philosophers as one might expect’, and ‘…the idea of compromise has been largely neglected by Anglo-American jurisprudence’. (shrink)

In his Tanner Lecture of 1979 called ‘Equality of What?’ Amartya Sen asked what metric egalitarians should use to establish the extent to which their ideal is realized in a given society. What aspect of a person’s condition should count in a fundamental way for egalitarians, and not merely as cause of or evidence of or proxy for what they regard as fundamental?

The article re-examines Marx’s liberal period as a contributor to and later as a member of the editorial board of the Rhenish Gazette and the question of the consequences of his liberalism on his transition to socialism. Far from claiming straight away to be the most politically radical of the young Hegelians, the young Marx outlined in his 1842-43 articles a version of moderate republicanism, close to that of Carl von Rotteck. It was by following the gradual distancing of the (...) young Hegelians from liberalism and their concomitant radicalisation, that Marx successively adopted democratic and then socialist positions. This political and theoretical evolution is nonetheless predicated upon the anti-liberal elaboration of what had been a liberal problematic, formulated from 1842 : the question of the autonomy of society relative to the State. It was by way of the critical comprehension of the implications of this demand that Marx gradually arrives at the critique of the constitutional State as an abstract political sphere, and to the defense of a social self-organization for which the requisite is the prior transformation of the activity in question. (shrink)

J. S. Mill and the Art of Compromise The word compromise means a kind of agreement and a concession to something harmful or wrong. I argue that particularly this second sense is quite relevant in the ethics of political action. John Stuart Mill focused upon this issue in his Thoughts on Parliamentary Reform 1859. I outline Mill's doctrine on compromise looking at the external and internal features of an acceptable measure of compromise. These features provide a set of conditions necessary (...) in order for compromise to take place, but they do not guarantee sufficient conditions. In order to assess Mill's political coherence and to draw a general distinction between strategic and ethical compromises the paper concludes by considering two compromise measures that Mill adopted while he was a Member of Parliament. (shrink)

Despite its importance both historically and within the Aristotelian corpus, and despite the outpouring of first-rate scholarship on Aristotle in the past thirty years, the Politics has received much less attention than it deserves. This situation is, however, beginning to be rectified. The magisterial four-volume nineteenth-century commentary by W. L. Newman has been joined in recent years by numerous new translations as well as commentaries by Richard Robinson with supplementary material by David Keyt on Politics III-IV, Trevor Saunders on Politics (...) I and II, P. Simpson on the whole of the Politics, and in German by E. Schütrumpf on Politics I-VI. Richard Kraut’s new translation of and commentary on Politics VII and VIII, which provides Aristotle’s account of the ideal city, is an extremely distinguished contribution to our understanding of the Politics. (shrink)