The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable judgment standard for weak paternalism -- Liberty rights and privacy rights (...) -- Clarifications and responses to objections -- Conclusion. (shrink)

... i . La very is so vile and miserable an Estate of Man,and so directly opposite to the generous Temper and Courage of our Nation ; that 'tis hardly to be ...

This book contains a collection of important recent writing on left-liberalism, a political philosophy that recognizes both strong liberty rights and strong ...

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

This is a major work in moral philosophy, the long-awaited follow-up to Parfit's 1984 classic Reasons and Persons, a landmark of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons and a critical examination of the most prominent systematic moral theories, leading to his own ground-breaking conclusion.

As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...) very small proportions. The decisions arid actions of human beings can prevent this kind of suffering. Unfortunately, human beings have not made the necessary decisions. At the individual level, people have, with very few exceptions, not responded to the situation in any signihczmt way. Generally speaking, people have not given large sums to relief funds; they have not written t0 their parliamentaxy representatives demanding increased government assistance; they have not demonstrated in the streets, held symbolic fasts, or done anything else directed toward providing thc refugees with the means to satisfy their essential needs. At thc government level, no govcrmmcnt has given the sort of massive aid that would enable the refugees to survive fm: more than a few days. Britain, for instance, has given rather more than most countries. It has, to date, given £14,750,000. For comparative purposes, B1~itain’s share of thc nonreccverabla development costs of the Anglo-French Concorde project is already in excess of £275,000,000, and on present estimates will reach £440,000,¤00. The implication is that the British government values a supersonic transport more than thirty times as.. (shrink)

Fred Miller offers a controversial reappraisal of the Politics, suggesting that nature, justice, and rights are central to Aristotle's political thought. He sheds new light on Aristotle's relation to modern natural rights theorists, and to the current liberalism-communitarianism debate.

An expanded and updated edition of a classic work on human rights and global justice Since its original publication, Basic Rights has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy’s role in alleviating global poverty. Henry Shue asks: Which human rights ought to be the first honored and the last sacrificed? Shue argues that subsistence rights, along with security rights and (...) liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter by the author examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights. (shrink)

Introduction. The roots of liberal-democratic theory -- Problems of interpretation -- Hobbe : the political obligation of the market. Philosophy and political theory -- Human nature and the state of nature -- Models of society -- Political obligation -- Penetration and limits of Hobbe's political theory -- The Levellers : franchise and freedom. The problem of franchise -- Types of franchise -- The record -- Theoretical implications -- Harrington : the opportunity state. Unexamined ambiguities -- The balance and the gentry (...) -- The bourgeois society -- The equal commonwealth and the equal agrarian -- The self-cancelling balance principle -- Harrington's stature --Locke : the political theory of appropriation. Interpretations -- The theory of property right -- Class differentials in natural rights and rationality -- The ambiguous state of nature -- The ambiguous civil society -- Unsettled problems reconsidered -- Possessive individualism and liberal democracy. The seventeenth-century foundations -- The twentieth-century dilemma -- Appendix : Social classes and franchise classes in England, circa 1648. (shrink)

This seminal work by political philosopher C.B. Macpherson was first published by the Clarendon Press in 1962, and remains of key importance to the study of liberal-democratic theory half-a-century later. In it, Macpherson argues that the chief difficulty of the notion of individualism that underpins classical liberalism lies in what he calls its "possessive quality" - "its conception of the individual as essentially the proprietor of his own person or capacities, owing nothing to society for them." Under such a conception, (...) the essence of humanity becomes freedom from dependence on the wills of others; society is little more than a system of economic relations; and political society becomes a means of safeguarding private property and the system of economic relations rooted in property. As the New Statesman declared: "It is rare for a book to change the intellectual landscape. It is even more unusual for this to happen when the subject is one that has been thoroughly investigated by generations of historians.... Until the appearance of Professor Macpherson's book, it seemed unlikely that anything radically new could be said about so well-worn a topic. The unexpected has happened, and the shock waves are still being absorbed." A new introduction by Frank Cunningham puts the work in a twenty-first-century context. (shrink)

Die Wittgenstein-Rezeption hat sich in den letzten Jahrzehnten stark auf den Begriff der Regel konzentriert. Wittgenstein selbst betont allerdings immer wieder, dass eine Praxis nicht nur Regeln hat, sondern auch einen Witz, d.h. eine Pointe - er behauptet sogar: "Die Problematik der Philosophie ist die Problematik des Witzes". Demungeachtet gab es bisher keine systematische Studie, die der Bedeutung des Witzes in Wittgensteins Philosophie gerecht wurde. Durch die Berücksichtigung von Regel und Witz wirft die vorliegende Arbeit ein neues Licht auf Mathematik, (...) Sprache und Moral. (shrink)

There is a class of speech-acts employing expressions such as ‘can't, ‘must’, and ‘meant to’, which have a paradigm role in stating the rules that govern a practice. Elizabeth Anscombe called such expressions stopping (or forcing) modals. Although “You can't phi”, etc., are not implicit hypothetical imperatives, it nevertheless makes prima facie sense to ask of a given practice why we go in for it, what the point of it is. Various questions are discussed in connection with these facts, e.g. (...) What distinguishes a rule's applying to someone from its having force (for that person)? Where the practice at issue is a ‘language-game’, does the question “Why do we do this?” still makes sense? (shrink)

This essay explores the treatment of the relation between nature (phusis) and norm or convention (nomos) in Democritus and in certain Platonic dialogues. In his physical theory Democritus draws a sharp contrast between the real nature of things and their representation via human conventions, but in his political and ethical theory he maintains that moral conventions are grounded in the reality of human nature. Plato builds on that insight in the account of the nature of morality in the myth in (...) the Protagoras. That provides material for a defense of morality against the attacks by Callicles in the Gorgias and Thrasymachus and Glaucon in the Republic, all of whom seek to use the nature-convention contrast to devalue morality. (shrink)

The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...) the capability theories of Sen and Martha Nussbaum. It also discusses two roles that well-being or a surrogate for well-being typically plays in theories of human rights: (a) well-being plays a role in the justification of at least some exceptions to human rights principles; and (b) some human rights seem to be best understood as rights to some level of well-being or expected well-being (or of a surrogate for one of them). It reviews two consequentialist challenges to the moral adequacy of non-consequentialist accounts of human rights, one based on a duty to relieve suffering and the other generated by Parfit's Non-Identity Problem, and concludes with a contrast between two ways of looking at the history of the development and implementation of human rights conventions and laws. Video abstract (click to view). (shrink)

In contemporary philosophy, substantive moral theories are typically classified as either consequentialist or deontological. Standard consequentialist theories insist, roughly, that agents must always act so as to produce the best available outcomes overall. Standard deontological theories, by contrast, maintain that there are some circumstances where one is permitted but not required to produce the best overall results, and still other circumstances in which one is positively forbidden to to do. Classical utilitarianism is the most familiar consequentialist view, but it is (...) widely regarded as an inadequate account of morality. Although Professor Scheffler agrees with this assessment, he also believes that consequentialism seems initially plausible, and that there is a persistent air of paradox surrounding typical deontological views. In this book, therefore, he undertakes to reconsider the rejection of consequentialism. He argues that it is possible to provide a rationale for the view that agents need not always produce the best possible overall outcomes, and this motivates one departure from consequentialism; but he shows that it is surprisingly difficult to provide a satisfactory rationale for the view that there are times when agents must not produce the best possible overall outcomes. He goes on to argue for a hitherto neglected type of moral conception, according to which agents are always permitted, but not always required, to produce the best outcomes. (shrink)

Towards Justice and Virtue is Onora O’Neill’s most developed account thus far of her distinctive approach to moral and political philosophy. Readers who are already familiar with O’Neill’s articles and her two previous books will appreciate the way it brings together in one sustained and rigorous argument the various themes which have occupied her attention over the years. Those who are new to O’Neill’s work will find in it a lucid, accessible, and provocative challenge to contemporary ethical theories.

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

In this paper, I argue that anti-reductionist moral realism still has trouble explaining supervenience. My main target here will be Russ Shafer-Landau's attempt to explain the supervenience of the moral on the natural in terms of the constitution of moral property instantiations by natural property instantiations. First, though, I discuss a recent challenge to the very idea of using supervenience as a dialectical weapon posed by Nicholas Sturgeon. With a suitably formulated supervenience thesis in hand, I try to show how (...) Shafer-Landau's proffered strategy to explain supervenience not only fails to explain supervenience, but that it also has a number of implausible consequences. The more general lesson is that strategies which may work well for explaining supervenience in the philosophy of mind and other areas cannot be assumed to carry over successfully to the metaethical context. We should therefore treat so-called `companions in guilt' arguments in this area of philosophy with considerable skepticism. Key Words: expressivism • moral realism • non-naturalism • reductionism • supervenience • trope. (shrink)

In this article, the last in the symposium on world poverty and human rights, Pogge replies to his critics Mathias Risse, Alan Patten, Rowan Cruft, Norbert Anwander, and Debra Satz.

consequentialist, even being a utilitarian, allows one still to recognise rights.' I believe that these efforts are well motivated, for I think that any moral doctrine is suspect if one of its effects is to make agents unable to take one another's rights seriously.

Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded on (...) a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

This comprehensive study of Aristotle's Politics argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and presents evidence for talk of rights in Aristotle's writings. He argues further that Aristotle's theory of justice supports claims of individual rights that are political and based in nature.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality (...) that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism. (shrink)

The theory of morality we can call full rule - consequentialism selects rules solely in terms of the goodness of their consequences and then claims that these rules determine which kinds of acts are morally wrong. George Berkeley was arguably the first rule -consequentialist. He wrote, “In framing the general laws of nature, it is granted we must be entirely guided by the public good of mankind, but not in the ordinary moral actions of our lives. … The rule is (...) framed with respect to the good of mankind; but our practice must be always shaped immediately by the rule.” Writers often classed as rule -consequentialists include Austin 1832; Harrod 1936; Toulmin 1950; Urmson 1953; Harrison 1953; Mabbott 1953; Singer 1955; 1961; and most prominently Brandt 1959; 1963; 1967; 1979; 1989; 1996; and Harsanyi 1977; 1982; 1993. See also Rawls 1955; Hospers 1972; Haslett 1987; 1994, ch. 1; 2000; Attfield 1987, 103-12; Barrow 1991, ch. 6; Johnson 1991; Riley 1998; 2000; Shaw 1999; and Hooker 2000. Whether J. S. Mill's ethics was rule -consequentialist is controversial. (shrink)

"Well-being," "welfare," "utility," and "quality of life," all closely related concepts, are at the center of morality, politics, law, and economics. Griffin's book, while primarily a volume of moral philosophy, is relevant to all of these subjects. Griffin offers answers to three central questions about well-being: what is the best way to understand it, can it be measured, and where should it fit in moral and political thought. With its breadth of investigation and depth of insight, this work holds significance (...) for philosophers as well as for those interested in political and economic theory and jurisprudence. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account of convention need (...) not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (shrink)

INTRODUCTION We look to rights for protection. The hope of advocates of “human rights” has been that certain protections might be accorded to allof humanity. Even in a world only a minority of whose inhabitants live under liberal democratic regimes, the hope is, certain standards accepted in the liberal democracies will gain universal recognition and respect. These include liberty of persons as opposed to enslavement, freedom from cruelty, freedom from arbitrary execution, from arbitrary imprisonment, and from arbitrary deprivation of property (...) or livelihood, freedom of religion, and freedom of inquiry and expression. Philosophers, of course, concern themselves with the theory of rights, and that is partly because of the ways questions of rights bear on fundamental normative theory. By far the most highly developed general normative theory has been utilitarianism. Now many opponents of utilitarianism argue that considerations of rights discredit utilitarianism, that utilitarianism yields conclusions about rights that we would normally regard as faulty, and that moreover, the reasons for regarding those conclusions as faulty turn out, upon examination, to be stronger than the reasons forregarding utilitarianism as valid. A valid theory cannot have faulty conclusions, and so thinkingabout rights shows utilitarianism not to be a valid normative theory. Jeremy Bentham, the founder of the utilitarian movement in nineteenth century England, accepted the incompatibility of utilitarianism and “the rights of man, ” and rejected talkof the latter as “anarchical fallacies”. His great successor John Stuart Mill, however, argued that a perceptive and far–sighted utilitarianism supports strong rights both of democratic participation and of individual freedom of action. (shrink)

This is a profound and concise essay on the basic structure of contemporary politics, written throughout in a voice that is sceptical, engaged, and clear.

Philippa Foot has for many years been one of the most distinctive and influential thinkers in moral philosophy. Long dissatisfied with the moral theories of her contemporaries, she has gradually evolved a theory of her own that is radically opposed not only to emotivism and prescriptivism but also to the whole subjectivist, anti-naturalist movement deriving from David Hume. Dissatisfied with both Kantian and utilitarian ethics, she claims to have isolated a special form of evaluation that predicates goodness and defect only (...) to living things considered as such; she finds this form of evaluation in moral judgements. Her vivid discussion covers topics such as practical rationality, erring conscience, and the relation between virtue and happiness, ending with a critique of Nietzsche's immoralism. This long-awaited book exposes a highly original approach to moral philosophy and represents a fundamental break from the assumptions of recent debates. Foot challenges many prominent philosophical arguments and attitudes; but hers is a work full of life and feeling, written for anyone intrigued by the deepest questions about goodness and human. (shrink)