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)

We attempt to shed light on property rights by examining the case of conjoined twins. We do so since their situation is perhaps among the most challenging of all cases of separating “mine” from “thine.”.

DISCUSSIONS OF JUSTICE within the classical liberal, libertarian tradition have been universalist. They have aspired to apply to any human community, whatever the makeup of its membership. Certainly some feminists have taken issue with this, arguing that the classical liberal, libertarian understanding of justice fails to address the concerns of women, indeed, does women an injustice. Among these we find Susan Moller Okin, and it will be my task in this essay to explore whether Okin's criticism is well founded. Susan (...) Moller Okin's justice, Gender, and the Family is a landmark feminist discussion of distributive justice that raises issues no political philosophy should ignore. However, libertarians have tended to ignore it. That is perhaps not surprising as Okin would have us believe that libertarian feminism is incoherent. Some libertarians seem to agree, leading one to believe that liberty is incompatible with justice for women. Perhaps libertarians and feminists agree on the "facts," but disagree on the values. Whereas the feminist is willing to sacrifice liberty for justice, the libertarian is willing to sacrifice justice for liberty. Although the libertarian might object to this characterization on the grounds that the demands of justice would be met by a libertarian scheme, the feminist can equally object that the "liberty" she is willing to sacrifice means liberty for men and domestic servitude for women. Okin finds libertarianism problematic for two reasons: its philosophical foundations and its unjust consequences for women. (She focuses, as will I, on women in quasi-democratic industrial societies.) I will argue, contra Okin, that neither the philosophical foundations nor the possible implications of libertarianism are as problematic for feminism as she claims. (shrink)

God and moral obligations -- What is a divine command theory of moral obligation? -- The relation of divine command theory to natural law and virtue ethics -- Objections to divine command theory -- Alternatives to a divine command theory -- Conclusions: The inescapability of moral obligations.

Capitalism is the best. It's free enterprise. Barter. Gimbels, if I get really rank with the clerk, 'Well I don't like this', how I can resolve it? If it really gets ridiculous, I go, 'Frig it, man, I walk.' What can this guy do at Gimbels, even if he was the president of Gimbels? He can always reject me from that store, but I can always go to Macy's. He can't really hurt me. Communism is like one big phone company. (...) Government control, man. And if I get too rank with that phone company, where can I go? I'll end up like a schmuck with a dixie cup on a thread. (shrink)

In Block I offered a compromise between the pro choice position that fervently supports stem cell research, and the pro life philosophy which bitterly opposes it. The compromise was a contest: allow would be researchers to create as many fertilized eggs as they wished. But, also, these should be offered up to would be parents to adopt all of these “children” as they wanted. If and only if there were any unadopted fetuses remaining in the laboratories of the nation would (...) it be licit, on libertarian grounds, for research on them to take place. In the present paper I respond to several objections to this “modest proposal.”. (shrink)

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.

In his new introduction to this current edition of this classic in the field originally published in 1982 (Humanities Press), Hoppe (economics, U. of Nevada, Las Vegas--as was the late author) extols Rothbard's marriage of the "value-free" science of economics with the normative enterprise of ethics and their offspring: libertarianism. Discussion areas are: natural law, a theory of liberty, the state vs. liberty, modern alternative theories of liberty, and toward a theory of strategy for liberty. Annotation copyrighted by Book News, (...) Inc., Portland, OR. (shrink)

When Did I Begin? investigates the theoretical, moral, and biological issues surrounding the debate over the beginning of human life. With the continuing controversy over the use of in vitro fertilization techniques and experimentation with human embryos, these issues have been forced into the arena of public debate. Following a detailed analysis of the history of the question, Reverend Ford argues that a human individual could not begin before definitive individuation occurs with the appearance of the primitive streak about two (...) weeks after fertilization. This, he argues, is when it becomes finally known whether one or more human individuals are to form from a single egg. Thus, he questions the idea that the fertilized egg itself could be regarded as the beginning of the development of the human individual. The author also differs sharply, however, from those who would delay the beginning of the human person until the brain is formed, or until birth or the onset of conscious states. (shrink)

In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative principles, (...) and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics. (shrink)

America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the (...) largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy. (shrink)