In this paper, we engage in dialogue with Jonathan Pugh, Hannah Maslen, and Julian Savulescu about how to best interpret the potential impacts of deep brain stimulation on the self. We consider whether ordinary people’s convictions about the true self should be interpreted in essentialist or existentialist ways. Like Pugh et al., we argue that it is useful to understand the notion of the true self as having both essentialist and existentialist components. We also consider two ideas from existentialist philosophy (...) – Jean-Paul Sartre and Simone de Beauvoir’s ideas about “bad faith” and “ambiguity” – to argue that there can be value to patients in regarding themselves as having a certain amount of freedom to choose what aspects of themselves should be considered representative of their true selves. Lastly, we consider the case of an anorexia nervosa-patient who shifts between conflicting mind-sets. We argue that mind-sets in which it is easier for the patient and his or her family to share values can plausibly be considered to be more representative of the patient’s true self, if this promotes a well-functioning relationship between the patient and the family. However, we also argue that families are well-advised to give patients room to figure out what such shared values mean to them, since it can be alienating for patients if they feel that others try to impose values on them from the outside. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

Deep brain stimulation has been of considerable interest to bioethicists, in large part because of the effects that the intervention can occasionally have on central features of the recipient’s personality. These effects raise questions regarding the philosophical concept of authenticity. In this article, we expand on our earlier work on the concept of authenticity in the context of deep brain stimulation by developing a diachronic, value-based account of authenticity. Our account draws on both existentialist and essentialist approaches to authenticity, and (...) Laura Waddell Ekstrom’s coherentist approach to personal autonomy. In developing our account, we respond to Sven Nyholm and Elizabeth O’Neill’s synchronic approach to authenticity, and explain how the diachronic approach we defend can have practical utility, contrary to Alexandre Erler and Tony Hope’s criticism of autonomy-based approaches to authenticity. Having drawn a distinction between the authenticity of an individual’s traits and the authenticity of that person’s values, we consider how our conception of authenticity applies to the context of anorexia nervosa in comparison to other prominent accounts of authenticity. We conclude with some reflections on the prudential value of authenticity, and by highlighting how the language of authenticity can be invoked to justify covert forms of paternalism that run contrary to the value of individuality that seems to be at the heart of authenticity. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

If pursued with serious intent, Pre-distribution has the capacity to create an exciting and radical new agenda for social democracy. But the politics of Pre-distribution cannot be innocuous or uncontroversial. -/- In its more radical forms, predistribution is a potentially radical and inspiring project for social democrats who have come to see the limitations of the old ways of doing things. It’s a project that promises a strategy to deliver abundantly on values of social justice, economic freedom, and equality of (...) opportunity. But it’s a project that involves going head-to-head with entrenched interests, breaking up existing concentrations of wealth and economic power. The politics of Pre-distribution, if taken seriously, simply cannot be a politics without enemies. Labour must decide whether its engagement with pre-distribution is to be limited to tinkering at the edges of neoliberalism, or whether it will instead fully embrace the opportunities of the present moment, decide to be radical, and realise the full promise of the politics of predistribution. -/- . (shrink)

The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of social justice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure social justice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part a consequence of a (...) certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

Inchoate crime consists of acts that are regarded as crimes despite the fact that they are only partial or incomplete in some respect. This includes acts that do not succeed in physically harming the victim or are only indirectly related to such a result. Examples include attempts (as in attempted murder that does not eventuate in the killing of anyone), conspiracy (in which case the crime has only been planned, not yet acted out) and incitement (where the inciter does not (...) himself commit the crime he is urging others to undertake). The present paper attempts to analyze these inchoate crimes from a libertarian perspective, based on the non-aggression principle. (shrink)

The necessity for a government “lender of last resort” has been advanced as a justification for central banking. In this paper, I compare lending practices under central banking with those that would be likely to exist under a system of fractional-reserve free banking (FRFB). To do this I examine the underlying nature of banks as warehousing and credit-granting institutions and consider how redemption runs can arise as a consequence of fractional reserves in this system. Following the work of Thornton and (...) Bagehot, I describe principles of prudent lending that can be used to stem a redemption run when it arises. I examine the market incentives that apply under FRFB and how these incentives are perverted under a system of central banking. I find that a government central bank is not well-placed to lend according to prudent standards, and in fact is likely to use its power to pursue political goals that are at odds with prudent lending. I examine the US financial crisis and the actions of the Federal Reserve System to illustrate this view. (shrink)

The New Labour we got was different from the New Labour that might have been, had the reform agenda associated with stakeholding and pluralism in the early-1990s been fully realised. We investigate the road not taken and what it means for ‘one nation’ Labour.

This is a talk given in honor of O'Neill at the Pacific APA when she won the Berggruen Prize in 2018.

In this paper, I first discuss Augustine’s description of time and relate this to Boethius’ explanation of the distinction between time and eternity. I then connect this distinction to Augustine’s understanding of memory as an image of eternity, showing that the analogy between God and the human with reference to time involves a comparison not between eternity and time, but rather, between eternity and a limited experience of eternity within the mind and its distension: time is not the image of (...) eternity, the human mind is, particularly its power of memory (memoria). The accounts of time and eternity of both thinkers provide further evidence for Augustine’s influence on and importance for the thought of Boethius. Both figures describe the past and future as united in the present under the divine purview of God. (shrink)

The future state of the redeemed human being in heaven is difficult, if not impossible, to pin down in this life. Nevertheless, Augustine and Anselm speculate on the heavenly life of the human being, proceeding from certain theological premises gathered from Scripture, and their arguments often both mirror and complement one another. Because Anselm and Augustine hold the premise that human beings in heaven are “equal to the angels” (Luke 20:36), our understanding of the heavenly condition of the human can (...) be illuminated by angelology, and vice-versa; each reveals the nature of the other. The paper examines aspects of the positions of Augustine and Anselm on the original state of the angels, their fall, and their confirmation, and then explores the condition of prelapsarian Adam and the transformation of the elect in order to illuminate how these figures conceive the afterlife. The angelologies (and demonologies) of Augustine and Anselm help one to understand the heavenly goal of human life, how the redeemed state of human beings differs from their original condition in Eden, and why there is no redemption for the fallen angels. (shrink)

Bryant’s paper, "A Logic of Multiplicities: Deleuze, Immanence, and Onticology," is useful for showing how the historical legacy of hierarchy in its many philosophical forms is still present, important, and, in fact, required even by those such as Bryant who would seek to deconstruct or ignore it. The following response will discuss Bryant’s presentation of his alternative position and throughout point out: a) the straw-man versions of hierarchy that Bryant employs; b) why what Bryant claims to be inherent negatively in (...) hierarchy is not the case; c) how Bryant’s position actually relies upon hierarchy for its own explication, and finally; d) the various principles of hierarchical metaphysics that are required in order to make sense of experience and reality. These latter include the notions that i) there are many kinds of hierarchy; ii) Being and Unity are prior to Multiplicity; iii) relation without substance is incoherent; iv) hierarchy is not inherently tyrannical; v) the distinction between essentially and accidentally ordered causal series is a real and useful one; and vi) the existence of hierarchy is more self evident than is flat ontology. (shrink)

If solutions to the problem of inequality are to be as radical as reality now demands, what is instead required is a reimagining of what would be involved comprehensively to tame capitalism through democratic means. This will involve much further development of the kind of plurality of institutional and policy proposals sketched by Meade, and will involve both the private and public – individual and collective – forms of capital predistribution that Meade advocated. Piketty, like Meade, sees the need for (...) both redistribution and predistribution, and both see that the institutional means necessary to create a more equal society will involve pursuing a plurality of parallel paths. It is closely in keeping with the spirit of Piketty’s Capital that the political and intellectual agenda ahead will be one that economics on its own cannot hope to encompass. It’s a vital agenda, with high stakes, and presents challenges to both academic researchers and political activists. On the success of this endeavour depends nothing less than the prospects for legitimate continuation of our economic system. (shrink)

Augustin est bien connu comme défenseur d’une « théorie privative » du mal. On peut lire, par exemple, dans les Confessions que « le mal n’est que la privation du bien, à la limite du pur néant ». Le problème, cependant, avec les théories privatives du mal est qu’elles ne nous offrent pas, généralement, une explication robuste ni de l’activité du mal, ni de son pouvoir à causer des effets bien réels ; effets desquels l’expérience demande, malgré tout, une explication (...) rationnelle. Or, selon Augustin, la privation seule ne permet pas de rendre compte de toutes les manifestations du mal. L’explication privative du mal est, certes, la plus étudiée par la littérature ; mais elle ne constitue qu’une partie du tableau. Cet article veut souligner quatre moments de l’explication du mal qu’Augustin propose : le mal comme privation ; le mal comme parasite par rapport à l’être ; le mal comme perversion de la volonté ; et finalement, le mal comme conflit d’intérêts. Chacun de ces moments éclaire un type de mal, mais aucun ne permet à lui seul de rendre compte du problème. Pris ensemble, cependant, et gardant leurs différences respectives à l’esprit, la réponse d’Augustin à la question du mal se révèle beaucoup plus sophistiquée et exhaustive qu’on ne voudrait souvent l’admettre lorsqu’on se limite uniquement à la théorie de la privation. | : Augustine is well-known for advocating a ‘privation theory’ of evil. In Confessions, he writes that “evil has no existence except as a privation of good, down to that level which is altogether without being.” The problem with privation theories of evil generally is that they do not provide a robust enough account of the activity and power of evil to cause the very real effects for which experience demands a rational explanation. For Augustine, however, privation alone does not fully account for evil in all of its manifestations. The privation account of evil receives much scholarly treatment, but it is only part of the complete Augustinian picture. This paper outlines four accounts of evil in Augustine : evil as privation, as parasitic on being, as perversion of the will, and as conflict of interest. Each deals with a kind of evil, but none alone provides a complete account. Taken together, however, with their differences in mind, Augustine’s explanation of evil is shown to be much more sophisticated and comprehensive than is often recognised when one limits one’s understanding of Augustine’s conception of evil to the privation theory alone. (shrink)

Although recent scholarship has begun to clarify Porphyry’s position on the first principle in its distinction from that of Plotinus we must be careful not to gloss over the crucial ramifications of Porphyry’s developments. The Plotinian One is beyond Being, and thus beyond all relation and difference. In his attempt to understand how such a principle can be productive of all else that follows from it, Porphyry considers the Plotinian One in both its transcendent and creative aspects, introducing the notions (...) of difference and self-relation within the One itself. Porphyry’s modifications of Plotinus’s doctrine, however, result in a first principle having a character utterly distinct from what Plotinus envisioned, and from what I believe Plotinus would have accepted. Because Porphyry’s first principle is relational, it loses its decisive Plotinian character as absolutely transcendent. This distinction between the first principles of Porphyry and Plotinus has important ramifications for each of their philosophical itineraria, and further strengthens the status of Plotinus within the Neoplatonic tradition. Plotinus is a unique thinker within the Neoplatonic tradition, and we must be careful not to equate Neoplatonism with Plotinus, when in fact, it is Plotinus who against both his own predecessors and successors often stands alone. (shrink)

What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - there (...) are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as social justice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of social justice. (shrink)

This paper, as a response to Mark K. Spencer’s, “Perceiving the Image of God in the Whole Human Person” in the present volume, argues in defence of Aquinas’s position that the Imago Dei is limited in the human being to the rational, intellective soul alone. While the author agrees with Spencer that the hierarchical relation between body and soul in the human composite must be maintained while avoiding the various permeations of dualism, nevertheless, the Imago Dei cannot be located in (...) the human body or the principle of the body considered within the body/soul composite without betraying a number of fundamental Thomistic metaphysical principles. Essential to these includes Aquinas’s position that an image of God should image not only the Divine Nature, but also the Trinitarian relations between the Divine Persons. Further, the paper also argues that a phenomenology of sense experience could not, on principle, attain to an image of God in the whole human person within a Thomistic framework generally. (shrink)

This paper examines demonic agency and epistemology in the thought of Augustine. When Augustine claims that demons can “work miracles,” he means this in a specific sense: the actions and intelligence of demons are only miraculous from the standpoint of humans, whose powers of perception and action are limited in relation to those of demons. The character of demons’ bodies and the length of their lives provide abilities beyond what humans possess, but, as natural, created beings, demons adhere to the (...) physical rules of nature. Demons possess neither supernatural powers, nor perfect knowledge. Just as our wonder ceases when we are shown how a magic trick is executed, human astonishment makes way for rational understanding once we comprehend demonic nature. (shrink)

abstract This article briefly examines Onora O'Neill's account of the relation between normative principles and practical ethical problems with an eye to suggesting that philosophers of practical ethics have reason to adopt fairly high moral ambitions to be edifying and instructive both as educators and as advisors on public policy debates.

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian philosophy (...) of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (section II). (...) After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to anchor (...) constructivist conclusions in the meaning of the word "reasonable". (shrink)

Pogge, O'Neill, Elkins, and others propose the "dispersal" or "unbundling" of state sovereignty, allegedly to disincentivize war, to foster global and regional cooperation on environment, justice, and other issues of naturally supra-state concern, as well as to tailor some functions or jurisdictions to more local, regional, or differently shaped geographical areas. All these proposals are guilty of function-atomism, i.e. they ignore the massive benefits of clustering identically bounded functions or jurisdictions in a single territory. These benefits include the effective enforcement (...) of law; the effective production of public goods and deterrence of free-riding; the coinciding of the tax base, law formation and enforcement and sustaining community of media, schools, universities, and other vital institutions; and the fostering of democratic community and participation in a significant political structure. (shrink)

John O’Neill, Alan Holland, and Andrew Light usefully distinguish two ways of thinking about environmental values, namely, end-state and historical views. To value nature in an end-state way is to value it because it instantiates certain properties, such as complexity or diversity. In contrast, a historical view says that nature’s value is (partly) determined by its particular history. Three contemporary defenses of a historical view are explored in order to clarify: (1) the normatively relevant history; (2) how historical considerations are (...) supposed to instruct environmental decision making; and (3) the relative importance of historical and end-state considerations. There are multiple reasons for including historical considerations in an account of environmental values. For example, knowledge of a natural object’s history can add depth and texture to our appreciation of that object. Further, if we were blind to the relevant history, we could not adequately understand and defend environmental policy goals such as preserving the potentials of natural systems or maintaining ecological health, for these goals appear to have irreducibly historical aspects. While historical considerations are important, such considerations are insufficient to guide our normative thinking about nature and how it should be dealt with practically. But they succeed in broadening and deepening our understanding of the nature and sources of environmental value. (shrink)

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

Many people in the developing world access essential health services either partially or primarily through programs run by international non-governmental organizations (INGOs). Given that such programs are typically designed and run by Westerners, and funded by Western countries and their citizens, it is not surprising that such programs are regarded by many as vehicles for Western cultural imperialism. In this chapter, I consider this phenomenon as it emerges in the context of development and humanitarian aid programs, particularly those delivering medical (...) treatment, nutrition and access to clean water. I argue that in order to avoid contributing to cultural imperialism, INGOs have a duty to ensure that they do not offer services in a way that requires their beneficiaries to choose between accessing essential health services and violating or otherwise undermining traditional norms and practices which have significance for their beneficiaries. Following Onora O'Neill, I argue that offers requiring such a choice are effectively “unrefuseable” and so coercive. INGOs therefore, must avoid making such offers, and can accomplish this by means of an iterated process of reciprocal negotiation under conditions of equality, in which both the INGOs’ and the beneficiaries’ deep values and concerns play a role. In essence, I claim that employing such a process is a requirement of procedural justice, given the non-ideal conditions in which INGOs must operate. (shrink)

This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because it (...) does not have to assume an unavailable moral consensus since it can focus on widely acknowledged bads rather than contentious claims about the good. Further, an appropriately formulated non-intrinsic egalitarianism may be a minimum requirement of an appropriately realistic claim by a political order to authoritatively structure some of its members' lives. Without at least a threshold set of egalitarian commitments, a political order seems unable to be transparent to many of its worse off members under a plausible construal of contemporary conditions. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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In her BBC Reith Lectures on Trust, Onora O’Neill offers a short, but biting, criticism of transparency. People think that trust and transparency go together but in reality, says O'Neill, they are deeply opposed. Transparency forces people to conceal their actual reasons for action and invent different ones for public consumption. Transparency forces deception. I work out the details of her argument and worsen her conclusion. I focus on public transparency – that is, transparency to the public over expert domains. (...) I offer two versions of the criticism. First, the epistemic intrusion argument: The drive to transparency forces experts to explain their reasoning to non-experts. But expert reasons are, by their nature, often inaccessible to non-experts. So the demand for transparency can pressure experts to act only in those ways for which they can offer public justification. Second, the intimate reasons argument: In many cases of practical deliberation, the relevant reasons are intimate to a community and not easily explicable to those who lack a particular shared background. The demand for transparency, then, pressures community members to abandon the special understanding and sensitivity that arises from their particular experiences. Transparency, it turns out, is a form of surveillance. By forcing reasoning into the explicit and public sphere, transparency roots out corruption — but it also inhibits the full application of expert skill, sensitivity, and subtle shared understandings. The difficulty here arises from the basic fact that human knowledge vastly outstrips any individual’s capacities. We all depend on experts, which makes us vulnerable to their biases and corruption. But if we try to wholly secure our trust — if we leash groups of experts to pursuing only the goals and taking only the actions that can be justified to the non-expert public — then we will undermine their expertise. We need both trust and transparency, but they are in essential tension. This is a deep practical dilemma; it admits of no neat resolution, but only painful compromise. (shrink)

In this paper I attempt to show how an appeal to a particular kind of collective obligation - a collective obligation falling on an unstructured collective consisting of the world’s population as a whole – can be used to undermine recently influential objections to the idea that there is a human right to health which have been put forward by Gopal Sreenivasan and Onora O’Neill. -/- I take this result to be significant both for its own sake and because it (...) helps to answer a challenge often put to Those who argue for the existence of collective obligations: namely, to explain why the question of whether there are any such obligations might matter from a practical point of view. One way of introducing the objection is to focus on questions of agency. Here I'll argue both that there can be obligations on groups that are not themselves collective agents, and that these can play an important explanatory and clarifcatory role in accounting for obligations which fall on individuals. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would clarify the conceptual connection between maxims and laws. In this paper I (...) argue that the revised interpretations of O’Neill and Beck stem from a mistaken reading of the fundamental basis of the classification of practical principles. To show this, I first argue that Kant distinguishes between maxims and laws on the bases of validity and reality. I then argue that although a practical principle necessarily has the feature of validity, its reality in actually moving the agents to action sufficiently makes a principle a practical principle. If this is so, I argue that the classification of practical principles must be based on the extent to which they are effective in human agents. Such a classification yields us three exhaustive and mutually exclusive types namely, “maxims that are not potential laws”, “maxims that are potential laws” and “laws that are not maxims”. (shrink)

In this Master's dissertation, I try to show that the causal theory of memory, which is the only theory developed so far that at first view seems more plausible and that could be integrated with psychological explanations and investigations of memory, shows some conceptual and ontological problems that go beyond the internal inconsistencies that each version can present. On one hand, the memory phenomenon analyzed is very limited: in general it is reduced to the conscious act of remembering expressed in (...) a propositional format: the idea of an agent who can control his memory reports, in contrast to a passive subject who merely retrieve his encoded memories, is not even considered. Furthermore, the representational function of memory is the only function taken into account; and all the diachronic changes that could entail a dynamic conception of memory are ignored, as is the consideration of context in a broad sense of the term. On the other hand, causal theories make some implicit assumptions that are obviously questionable (e.g., the difference between facts and events) and leave some of their key concepts unexplained, like the nature of the causality, the isomorphism between the memory trace and the memory event, etc. Nonetheless, the principal point that we criticized is the idea of a correspondence between a past event or representation of it, the correspondent memory trace and the memory representation of it. Psychological models of memory, with the exception of the spatial analogy, question some of these assumptions and suggest that memory information is organized in a way other than that implied by the causal theory. But it is distributed connectionism that actually challenges the causal theory of memory, not only through some of its basic postulates, like the superpositional conception of memory traces, their mutual influence and constant state of change, but also because it is compatible with a more situated approach to memory phenomena as well as with the idea that memory in reality accomplishes a variety of functions that go beyond the representational one. The explicit and implicit ideas provided by distributed connectionism, together with the previous criticisms that we made to of causal theory, clearly suggest the possibility of developing another kind of philosophical theory of memory, different from existing theories. This task, nonetheless, implies: (a) A much deeper study of connectionism principles and memory models, as well as of the rival candidate, symbolism, plus the evaluation of these models in the light of psychological and neurophysiological empirical research, which unfortunately I have not dealt with in this work. (b) An analysis of the metaphysical nature of events and facts, in order to see if we should decide in favor of a realist or a non-realist account. It is also clear that this decision can’t be taken without an examination of perception studies (and not exclusively philosophical ones) which would be crucial for determining what is encoded in memory, and studies devoted to language, which, I suspect, plays an important role in the segmentation of reality. (c) A clarification of the notion of causality, because we wouldn’t like to deny any kind entail the complete disappearance of boundaries between memory and imagination. And even if I suspect that my future work will question the existence of absolute boundaries between these two capacities, the notion of causality can’t be completely erase from the theory of memory without erasing the memory phenomenon itself. But this causality, as we’ve already showed, can’t consist in the naïve conception adopted by the causal accounts of memory, nor can it be explained in counterfactual terms. If we think of the reconsolidation concept, of the interdependence between all the memory system, and of the deciding influence of context, it’s almost sure that more than one notion of causality will need to be invoked in order to explain memory. (d) Because I do not want to reduce the study of memory exclusively to cases of remembering, it’s essential to analyze how memory intervenes not only in imagination, but also in perception, reasoning and future projection, for example. In this respect, we could quote the interesting articles of Atance & O’Neill (2001) and Bucker & Carroll (2006), the first concerning the relationship between episodic memory and episodic future thinking, the second concerning the relationship between episodic memory and all kinds of self-projection, such as navigation and theory of mind, relations that would also have to be explored from a philosophical perspective, in particular to overcome the tendency to suppose that representation is the only function of memory. I will also mention the necessity of combining the notion of metamemory with that of memory to some extent; as I have already remarked, it is implausible to suppose that a subject who consciously remembers something is unable to exert any kind of control over his memory reports. (e) Finally, in order to integrate a situated conception of memory into a philosophical account, it will also be indispensable to take into consideration what is known as “everyday memory research” as well as studies in social and collective memory. (shrink)

I suggest that Kantian ethics, that is, the ethics of the mature Kant, that of Thomas Nagel, Karl-Otto Apel and Onora O'Neill, is not the caricature of an "engineering" approach in normative ethics that Lecaldano wants to fight in his war on deontological ethics. The ethics of Kant and the Neokantians can be for a consequentialist ethic a more fearsome and interesting adversary than such targets as "common-sense morality", non-existent "dogmatic intuitionism" invented by Sidgwick, non-existent "Catholic morality" that Lecaldano tends (...) to choose as privileged adversaries as if there were no more serious opponents to criticize for those who had good arguments to criticize them. (shrink)

Constructivism is a theory that believes moral judgments are not real things but they are constructed by practical reason in a rational procedure for resolving practical problems in front of us. Christine Korsgaard, a contemporary American philosopher, is a Kantian constructivist, whose theory I consider in this paper. She is a radical constructivist and disagrees with moral realism and denies moral truths even as abstract facts. According to Korsgaard moral judgments are constructed by rational agents. She believes moral and political (...) principles are generally solutions to human practical problems. She justifies the normativity of moral obligations from this point that they are constructed by agent for resolving his problems. There are some objections to Korsgaard’s constructivism; one of them is to place humanity as the source of value. Keywords: Korsgaard, constructivism, practical problem, humanity. Introduction One of the traditional problems in moral philosophy is the nature and entity of moral truths and judgments. Do humans themselves make and construct them or are they facts and truths in the world which humans just discover? Are moral truths and values subjective or objective? Subjectivism and objectivism have been two old rivals in this question. But some philosophers have proposed a new theory between them that is called Constructivism. According to this theory, moral truths are not real and objective, but are constructed by human practical reason. In this view, an action is morally right when there is a sufficient reason to perform it. In this paper I will discuss Korsgaard’s constructivism. 1. Definition of Constructivism Constructivism is a theory about the justification of moral principles. It is the view that moral principles are the ones agents would agree with or endorse if they were to engage in a hypothetical or idealized process of rational deliberation. The differences about related criteria for this rational process and deliberation have produced several varieties of constructivism like Humean, Aristotelian, and Kantian. 2. Korsgaard’s Constructivism 1-3. Normative Question Korsgaard’s Constructivism is an answer to the main question in history of moral philosophy which she calls normative question. That is a central question about moral requirements. We see that they are inescapable in the sense that they provide reasons to act regardless of an agent’s desires and interests. So the question is: from where do they get their authority and obligatory force on us? Why do we make ourselves observe moral duties and principles? What is the origin of moral obligations? What are our reasons for justifying moral obligations?. She disagrees with the former and agrees with the latter. 3-3.proceduralism The constructivism Korsgaard embraces is a form of proceduralism according to which the rightness of answers to normative questions is grounded in the fact that these answers are yielded by principles deriving from procedures with some special status. Evaluative and normative facts are not there as abstract facts to be met with or discovered through theoretical investigation of the nature and structure of rational agency, but are constructed through our actual practical activities. “Values are constructed by a procedure, the procedure of making laws for ourselves.” For Korsgaard, the relevant procedures at the source of normativity are procedures involved with willing, and what gives them their special status is that they are practically necessary for us—formal procedures rational beings must employ simply to function as agents at all. Everything starts with the nature of the will and the procedures according to which it must operate if it is to function as a will at all, and this is how normative force is explained: “If you recognize the problem to be real, to be yours, to be one you have to solve, and the solution to be the only or the best one, then the solution is binding upon you.” According to Korsgaard, the source of normativity in moral obligations is in our humanity and moral identity. Because of self-consciousness, human beings do not do something just out of their desires; rather they ask themselves whether it is right to act on the basis of desire. Korsgaard agrees with Kant that humanity is a value in itself and says that our reasons to do something determine our identity and nature. She says: “we must therefore take ourselves to be important” and “humanity, as the source of all reasons and values, must be valued for its own sake”. Our human identity imposes unconditional obligations to us, whether we are women or men, of this or that ethnic group, of this or that religious or social group, and so on. Therefore, our human identity is the source of our moral norms and obligations. The violation of these obligations amounts to the loss of our identity. Humanity is a significant part of us. 3. Conclusion There are strong and weak points in Korsgaard theory. One of the strong points, we think, is a successful justification of moral differences in applied ethics. On the other hand, it seems that, in addition to certain objections to Korsgaard’s moral theory, it is also subject to objections to Kant’s moral theory, such as the objection that humanity and human practical identity cannot always serve as a successful criterion for the recognition of moral actions. References 1. FitzPatrick, William J. "The Practical Turn in Ethical Theory: Korsgaard’s Constructivism, Realism, and the Nature of Normativity", Ethics, Vol. 115, No. 4, pp. 651-691. 2. Lenman, James and Shemmer, Yonatan Constructivism in Practical Philosophy, Oxford University Press. 3. Nagel, Thomas "Universality and the reflective self", in the Sources of Normativity, edited by Onora O’Neill, Cambridge University Press. 4. Korsgaard, Christine M. the Sources of Normativity, edited by Onora O’Neill, Cambridge University Press. 5. Korsgaard, Christine M. Creating the Kingdom of Ends, Cambridge: Cambridge University. 6. Korsgaard, Christine M. The Constitution of Agency: Essays on Practical Reason and Moral Psychology, New York: Oxford University Press. 7. Korsgaard, Christine M. Self-Constitution, Agency, Identity, and Integrity, New York: Oxford University Press. 8. Watkins, Eric, and Fitzpatrick, William O’Neill and Korsgaard on the Construction of Normativity, The Journal of Value Inquiry 36: 349–367. (shrink)

In this paper I am going to raise a problem for recent attempts to derive positive duties from Kant’s universalizability tests. In particular, I argue that these recent attempts are subject to reductio and that the most obvious way of patching them renders them impracticable. I begin by explaining the motivation for these attempts. Then I describe how they work and begin my attack. I conclude by considering some patches.