Some philosophical theories of consciousness imply consciousness in things we would never intuitively think are conscious—most notably, panpsychism implies that consciousness is pervasive, even outside complex brains. Is this a reductio ab absurdum for such theories, or does it show that we should reject our original intuitions? To understand the stakes of this question as clearly as possible, we analyse the structured pattern of intuitions that panpsychism conflicts with. We consider a variety of ways that the tension between this intuition (...) and panpsychism could be resolved, ranging from complete rejection of the theory to complete dismissal of the intuition, but argue in favour of more nuanced approaches which try to reconcile the two. (shrink)

Review of Newton and the Origin of Civilization, by Jed Z. Buchwald and Mordechai Feingold.Princeton, NJ: Princeton University Press, 2013. Pp. 544, index. $49.50.

Massimo Renzo has recently argued in this journal that Allen Buchanan’s account of the ethics of intervention is too permissive. Renzo claims that a proper understanding of political self-determination shows that it is often impermissible to intervene in order to establish a regime that leads to more self-determination for a group of people if that group was or would be opposed to the intervention. Renzo’s argument rests on an analogy between individual self-determination and group self-determination, and once we see (...) that there are differences between the two kinds of self-determination, his argument against Buchanan fails, and thus there are more cases of permissible intervention than Renzo countenances. However, understanding these differences also reveals that Buchanan’s account is also not permissive enough. There are cases of justified intervention beyond even what Buchanan compasses. (shrink)

Propositions are the things we believe, intend, desire, and so on, but discussions are often less precise than they could be and an important driver of this deficiency has been a focus on the objects but a neglect of the attitudinal relations we bear to them. In what follows, we will offer some thoughts on what it means for a proposition to be the object of an attitude and we will argue that an important part of the story lies with (...) the attitude relations rather than the propositions. As we will see there are infinitely many relations we might bear to a proposition, but the propositional attitude relations are special amongst them. Accounting for what makes them special will be an important component in the discussion that follows. We will argue that once one appreciates certain facts about propositional attitude relations, various claims that metaphysicians often make regarding propositions themselves begin to look undermotivated. In fact, many views on the metaphysical nature of propositions come to look like plausible candidates for being that to which our propositional attitudes relate us. As will emerge, we will see that the principle role of propositions in the theory of mind is simply to keep track of how our attitudinal states represent things as being. But, we argue, in order to do this work, very few constraints must be placed on the nature of propositions themselves. In particular, contra much of the recent work on the metaphysics of propositions, they need not represent nor must they be structured. In light of these observations, we conclude by sketching our own favored minimalist view of propositions. (shrink)

According to the classical account, propositions are sui generis, abstract, intrinsically-representational entities and our cognitive attitudes, and the token states within us that realize those attitudes, represent as they do in virtue of their propositional objects. In light of a desire to explain how it could be that propositions represent, much of the recent literature on propositions has pressured various aspects of this account. In place of the classical account, revisionists have aimed to understand propositions in terms of more familiar (...) entities such as facts, types of mental or linguistic acts, and even properties. But we think that the metaphysical story about propositions is much simpler than either the classical theorist or the revisionist would have you believe. In what follows, we argue that a proper understanding of the nature of our cognitive relations to propositions shows that the question of whether propositions themselves represent is, at best, a distraction. We will argue that once this distraction is removed, the possibility of a very pleasing, minimalist story of propositions emerges; a story that appeals only to assumptions that are shared by all theorists in the relevant debate. (shrink)

Book Review of What are Mental Representations.

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the (...) governed” and slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

How fine-grained are the contents of our beliefs and other cognitive attitudes? Are the contents of our beliefs individuated solely in terms of the objects, properties, and relations that figure in their truth conditions, or rather in terms of our concepts, or modes of presentation of those objects, properties, and relations? So-called Millians famously maintain the former whereas their Fregean rivals hold the latter. Though much ink was spilled on the question of grain, relatively little was ever achieved by way (...) of consensus. We think the lack of consensus itself cries out for explanation. In this paper, we sketch a pluralist resolution (or, better, a dissolution) of the debate that flows from some extremely minimal commitments regarding the metaphysics of propositions and the attitudinal relations we bear to them. In doing so, we focus on the Act-type conception of propositions of Hanks (2015) and Soames (2010, 2016) and our own (2019) favored deflationary account, Minimalism. (shrink)

Buchanan (2014) argues for a Gricean solution to well-known counterexamples to direct reference theories of content. Peet (2016) develops a way to change the counterexample so that it seems to speak against Buchanan’s own proposal. I argue that both theorists fail to notice a significant distinction between the kinds of cases at issue. Those appearing to count against direct reference theory must be described such that speakers have false beliefs about the identity of the object to which they (...) intend to refer, beliefs that appear relevant to the determination of what constitutes communicative success. This suggests, further, that cases of this sort do not provide a basis for robust generalizations about singular reference. (shrink)

Appeals to the idea of human nature are frequent in the voluminous literature on the ethics of enhancing human beings through biotechnology. Two chief concerns about the impact of enhancements on human nature have been voiced. The first is that enhancement may alter or destroy human nature. The second is that if enhancement alters or destroys human nature, this will undercut our ability to ascertain the good because, for us, the good is determined by our nature. The first concern assumes (...) that altering or destroying human nature is in itself a bad thing. The second concern assumes that human nature provides a standard without which we cannot make coherent, defensible judgments about what is good. I will argue (1) that there is nothing wrong, per se, with altering or destroying human nature, because, on a plausible understanding of what human nature is, it contains bad as well as good characteristics and there is no reason to believe that eliminating some of the bad would so imperil the good as to make the elimination of the bad impermissible, and (2) that altering or destroying human nature need not result in the loss of our ability to make judgments about the good, because we possess a conception of the good by which we can and do evaluate human nature. I will argue that appeals to human nature tend to obscure rather than illuminate the debate over the ethics of enhancement and can be eliminated in favor of more cogent considerations. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

For the Intentionalist, utterance content is wholly determined by a speaker’s meaning-intentions; the sentence uttered serves merely to facilitate the audience’s recovering these intentions. We argue that Intentionalists ought to be Particularists, holding that the only “principles” of meaning recovery needed are those governing inferences to the best explanation; “principles” that are both defeasible and, in a sense to be elaborated, variable. We discuss some ways in which some theorists have erred in trying to tame the “wild west” of pragmatics (...) and context-sensitivity -- including recent work that makes essential appeal to the information structure of a discourse -- and in so doing, offer a general recipe for defending the Particularist picture of utterance content and its recovery that we favor. (shrink)

Your belief that Obama is a Democrat wouldn’t be the belief that it is if it didn't represent Obama, nor would the pain in your ankle be the state that is if, say, it felt like an itch. Accordingly, it is tempting to hold that phenomenal and representational properties are essential to the mental states that have them. But, as several theorists have forcefully argued (including Kripke (1980) and Burge (1979, 1982)) this attractive idea is seemingly in tension with another (...) equally attractive thesis, namely, the token-identity thesis; the thesis according to which every mental state token is identical with some or other token physical state. In this paper, we show that these seemingly incontrovertible essentialist intuitions are in fact compatible with ‘token physicalism’ regarding the mental.1 Given a suitably plentitudinous ontology of objects, we argue that there are physical things with which our token mental states can be identified. This is preferable to existing views that give up the essentiality claims or simply reject the token-identity thesis. (shrink)

In performing an act of assertion we are sometimes responsible for more than the content of the literal meaning of the words we have used, sometimes less. A recently popular research program seeks to explain certain of the commitments we make in speech in terms of responsiveness to the conversational subject matter (Hoek 2018, Stokke 2016, Yablo 2014). We raise some issues for this view with the aim of providing a more general account of linguistic commitment: one that is grounded (...) in a more general action-theoretic notion of responsibility. (shrink)

David Lewis (1974, 1994/1999) proposed to reduce the facts about mental representation to facts about sensory evidence, dispositions to act, and rationality. Recently, Robert Williams (2020) and Adam Pautz (2021) have taken up and developed Lewis’s project in sophisticated and novel ways. In this paper, we aim to present, clarify, and ultimately object to the core thesis that they all build their own views around. The different sophisticated developments and defenses notwithstanding, we think the core thesis is vulnerable. We pose (...) a dilemma by considering the two sides of a current epistemological controversy over the relation between evidence and rational belief: permissivism vs. uniqueness. As we argue, the prospects for the Lewisian project look dim when either supposition is clearly made. (shrink)

In ‘What Reference Has to Tell Us about Meaning’, Stephen Schiffer argues that many of the objects of our beliefs, and the contents of our assertoric speech acts, have what he calls the relativity feature. A proposition has the relativity feature just in case it is an object-dependent proposition ‘the entertainment of which requires different people, or the same person at different times or places, to think of [the relevant object] in different ways’ (129). But as no Fregean or Russellian (...) proposition can possibly have such a feature, we must either (i) give up on these traditional theories of propositional content in favor of an account that can allow for the relativity feature, or else (ii) explain why the things we believe, and say, oftentimes seem to have this feature even though they, in fact, do not. Schiffer pursues the former option; in this essay, I pursue the latter. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

In The Ethical Project, Kitcher has three main aim: to provide a naturalistic explanation of the rise of morality and of its subsequent development, to supply an account of moral progress that explains progressive developments that have occurred so far and shows how further progress is possible, and to propose a further progressive development—the emergence of a cosmopolitan morality—and make the case that it is a natural extension of the ethical project. I argue that Kitcher does not succeed in achieving (...) any of these aims and that he cannot do so given the meager resources of his explanatory model. The chief difficulty is that Kitcher equivocates in his characterization of the original function of ethics. Although he begins by characterizing it as remedying altruism failures in order to avoid their social costs, he sometimes characterizes it instead as remedying altruism failures simpliciter. Kitcher does not explain how a practice whose original function was developed into one whose function is. Further, it appears that he cannot do so without significantly enriching his explanatory model to include a more robust account of how humans came to have the capacity to reflect on and revise norms. (shrink)

What a long strange trip the Internet has had. From its inception and use by the American military to the billions of users world-wide who log on daily, the Internet is both the promise of access to information and the peril of surveillance and a means of curtailing intellectual freedom. This paper will review this continuum, paying close attention to recent developments in the United States that fuel the dichotomous debate surrounding intellectual freedom.

Scientific knowledge of how genes work is giving human beings unprecedented power to shape future human lives, for better or for worse. People involved in government, business and science are facing new questions related to the application of genetic technologies to human beings. Our technical knowledge is growing fast, but does our moral wisdom grow at the same rate?

Allen Buchanan and Russel Powell’s The Evolution of Moral Progress (EMP) is likely to become a landmark. It adeptly builds on much of the recent empirical work, weaving it together with philosophical material drawn from a series of essays published by the two authors. EMP makes the case that moral progress is not only consistent with human psychology but—under some conditions—likely. At its heart is a careful, well-developed rebuttal to the idea that there are evolved constraints endogenous to human (...) minds that place significant limits on various forms of moral progress, especially on the spread and sustainability of inclusive values. The alternative picture they present acknowledges that evolutionary history has shaped how our minds produce behaviour, but emphasizes that the contexts in which they currently operate are just as pivotal. While safe and stable ecological and social circumstances are hospitable to cosmopolitanism and encouraging of inclusive values, dangerous and threatening circumstances are more favourable to parochialism, exclusivist values, and morally regressive outgroup hostility (also see Buchanan and Powell [2015], [2016], [2017]). Overall, EMP is a compelling, well-researched, and timely book. It articulates arguably the most persuasive naturalistic theory of moral progress to date, and lays the groundwork for important and impactful research. (shrink)

In this paper we discuss James Buchanan’s contribution in the narrow domain of understanding committee voting under majority rule. We then go on to discuss Charles Plott’s seminal experimental work on the topic that sparked a wave of public choice experimental work. However, given Plott’s claims that Buchanan influenced him significantly, it is puzzling that his work with Morris Fiorina explores a question outside of those which Buchanan and Tullock found interesting. We suggest several ways to resolve (...) this tension. Our chapter concludes by discussing a lacuna in the experimental public choice literature in which Buchanan was particularly interested—logrolling, or vote trading. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since (...) the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

In this paper I explain and defend the content and justification of John Rawls's conception of human rights, as he outlines it in his major work: The Law of Peoples. I focus, in particular, on the criticisms of Allen Buchanan. Buchanan distinguishes four lines of argument that Rawls uses to derive what, according to Buchanan, is a 'lean' list of human rights : the Political Conception Argument, the Associationist Argument, the Cooperation Argument, and finally the Functionalist Argument. (...) In each case Buchanan proceeds to show how the premises of Rawls's argument lead to absurd consequences if taken to their logical conclusion. It can be shown, however, that the reason these consequences follow is that Buchanan misunderstands and misrepresents Rawls's premises. (shrink)

Buchanan and Powell hope to rescue optimism about moral perfectibility from the ’received view’ of human evolution, by tweaking our view of the innate character of morality. I argue that their intervention is hampered by an unnecessary commitment to nativism, by gender bias within the received view, and by liberal presuppositions.

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses (...) from supporters of national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

Opponents of biomedical enhancement frequently adopt what Allen Buchanan has called the “Personal Goods Assumption.” On this assumption, the benefits of biomedical enhancement will accrue primarily to those individuals who undergo enhancements, not to wider society. Buchanan has argued that biomedical enhancements might in fact have substantial social benefits by increasing productivity. We outline another way in which enhancements might benefit wider society: by augmenting civic virtue and thus improving the functioning of our political communities. We thus directly (...) confront critics of biomedical enhancement who argue that it will lead to a loss of social cohesion and a breakdown in political life. (shrink)

What are the objects of speaker meaning? The traditional answer is: propositions. The traditional answer faces an important challenge: If propositions are the objects of speaker meaning then there must be specific propositions that speakers intend their audiences to recover. Yet, speakers typically exhibit a degree of indifference regarding how they are interpreted, and cannot rationally intend for their audiences to recover specific propositions. Therefore, propositions are not the objects of speaker meaning (Buchanan (2010), MacFarlane (2020a, 2020b), and Abreu (...) Zavaleta (2021)). In this paper I do two things. Firstly, I outline a collective analog of this challenge that undermines the most prominent responses to the original challenge. Secondly, I provide a new solution: Typical utterances are backed by a cluster of partial communicative intentions. This response resolves both individual and collective variants of the problem and allows us to retain the traditional propositional view of speaker meaning. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM trials. (...) Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (shrink)

In this paper I offer a defence of a Russellian analysis of the referential uses of incomplete (mis)descriptions, in a contextual setting. With regard to the debate between a unificationist and an ambiguity approach to the formal treatment of definite descriptions (introduction), I will support the former against the latter. In 1. I explain what I mean by "essentially" incomplete descriptions: incomplete descriptions are context dependent descriptions. In 2. I examine one of the best versions of the unificationist “explicit” approach (...) given by Buchanan and Ostertag. I then show that this proposal seems unable to treat the normal uses of misdescriptions. I then accept the challenge of treating misdescriptions as a key to solving the problem of context dependent descriptions. In 3. I briefly discuss Michael Devitt’s and Joseph Almog’s treatments of referential descriptions, showing that they find it difficult to explain misdescriptions. In 4. I suggest an alternative approach to DD as contextuals, under a normative epistemic stance. Definite descriptions express (i) what a speaker should have in mind in using certain words in a certain context and (ii) what a normal speaker is justified in saying in a context, given a common basic knowledge of the lexicon. In 5. I define a procedure running on contextual parameters (partiality, perspective and approximation) as a means of representing the role of pragmatics as a filter for semantic interpretation. In 6. I defend my procedural approach against possible objections concerning the problem of the boundaries between semantics and pragmatics, relying on the distinction between semantics and theory of meaning. (shrink)

On 25 May 2020, Officer Derek Chauvin asphyxiated George Floyd in Minneapolis — a murder that was captured in a confronting nine-minute bystander video that set off a firestorm of activity on online social networks, in the streets of the United States, and even worldwide. These protests captured the collective rage, dissatisfaction, and resentment personally and vicariously experienced towards the widespread systematic injustice and mistreatment of African Americans by police and vigilantes. The scale of these protests, both online and in (...) the streets, has been estimated to have far exceeded the civil rights marches of the 1960s (Buchanan et al. 2020). Considering the widespread extent of these protests, our research aims to analyse conflictual intergroup moral dynamics in terms of the reactive attitudes expressed by distinct online communities on Twitter. This paper examines the extent to which the Strawsonian (1962) reactive attitudes framework is applicable to the Twitter discourse around the Black Lives Matter protests reignited by the murder of George Floyd. In particular, we argue that the Strawsonian framework is inadequate to understand a range of prevalent attitudes expressed in this discourse — attitudes that we call reactionary as opposed to merely reactive. Reactionary attitudes include counter-indignation on behalf of the accused rather than Strawsonian indignation on behalf of the victim of a moral wrong. We document the expression of such attitudes among the right-wing participants in the online discourse about the Black Lives Matter movement. (shrink)

This paper was read at the University of Virginia at the XXXVIII ALDEEU conference of June 2018. -/- The phrase ‘Life, Liberty, and the pursuit of Happiness’ was Thomas Jefferson’s rewriting of Locke’s dictum, ‘Life, Liberty, and the pursuit of Property.’ Locke’s political philosophy speaks of a coming liberal age, engendering the Declaration of Independence. Anglo-Saxon historiography seemed to assure that Locke’s ideas were the autochthonous result of a historical process centered on the Reformation, Cromwellian parliamentary supremacy, and English commercial (...) practices. Some continental philosophers look instead to the theologians of the School of Salamanca for the European origins of liberty. In this paper I will examine the recent scholarship about the impressive contribution of this School which led Jefferson to ground the Declaration of Independence in scholastic thought. These scholastics provided the philosophical, legal, and economic framework for modern Europe, as it transitioned from its medieval concepts of social organization to the more liberal and individualistic one now. They were influential for a simple reason. The scholastic program used reason to develop its concepts of free will, popular sovereignty, and property rights – which well correspond to Locke’s phrase – and placed them in a congruent philosophical system derived from first principles using natural law. It was this coherent, logical framework that appealed most to the later thinkers Jefferson relied on when searching for a sound philosophical basis for the Declaration. The Hispanic neo-scholastics applied natural law to prior Conciliarist parliamentary ideas to establish a new relationship between the individual, the community, and the state. This framework emphasized a greater separation of church and state, popular sovereignty, deposition of kings, and checks on monarchical power. Others, including Protestants and Enlightenment thinkers, were later drawn to this system due to its sound basing in an essentialist, classical, natural law drawn from first principles. It was this foundational coherence which attracted others, including Jefferson, who tended to mistrust the basis of the resistance theorists that also relied on historicism or scripture, such as George Buchanan, the authors of Vindiciae Contra Tyrannos, or Locke himself. -/- . (shrink)

In this paper, I analyze the ethical implications of genetic enhancement within the specific framework of the “child’s right to an open future” argument (CROF). Whilst there is a broad ethical consensus that genetic modifications for eradicating diseases or disabilities are in line with – or do not violate – CROF, there is huge disagreement about how to ethically understand genetic enhancement. Here, I analyze this disagreement and I provide a revised formulation of the argument in the specific field of (...) genetic enhancement. First, I argue that CROF is not in contrast with every kind of enhancement. I subsequently discuss whether CROF requires some moral obligations to enhance progeny. My argument is that parents do not have the moral obligation to open as many options as possible for their children. Rather, they should provide them with a reasonable range of opportunities. Finally, I contend that the moral obligations required by CROF are directly dependent on what Allen Buchanan calls the ‘dominant cooperative framework’ in a given society. I conclude by claiming that, at present, parents are not morally obliged to genetically enhance their children since a non-enhanced person already might have access to a reasonable range of opportunities. However, the moral obligation to enhance progeny might arise if a structural modification of the dominant cooperative framework occurs. (shrink)

I discuss a criterion for successful communication between a speaker and a hearer put forward by Buchanan according to which there is communicative success only if the hearer entertains, as a result of interpreting the speaker's utterance, a thought that has the same truth conditions as the thought asserted by the speaker and, furthermore, does so in virtue of recognizing the speaker's communicative intentions. I argue, against Buchanan, that the data on which it is based are compatible with (...) a view involving Fregean modes of presentation. In the second part of the article I critically discuss Unnsteinsson's claim that communicative success depends on the absence of contextually salient false distinctness beliefs about the subject matter of the conversation. I argue that this thesis leads to clearly counterintuitive consequences and that no fundamental role must be given to the presence or absence of false distinctness beliefs in one's account of successful communication. The upshot is that we should stick with Buchanan's criterion. I conclude by employing Strawson and Recanati's concepts of linking and merging to show how the criterion I favour is compatible with the fact that, when subjects hold no relevant false distinctness beliefs, communicative success does not seem to be disrupted by the hearer seemingly failing to recognize the speaker's intentions. (shrink)

The context of international health research involving human subjects, and this should appear obvious, is the human community. As such, basic questions of how human beings should be treated by other human beings, particularly in situations of unequal power – e.g., in the form of control, choice, or opportunity – lay at the foundations of related ethical discourse when ethics are discussed at all. I trace a narrative that follows upon a recent revision process of international guidelines for biomedical research (...) involving human subjects. I focus in particular upon the issue of a standard of care. In the second section, I draw upon philosophers John Rawls, Claudia Card, and Allen Buchanan to discuss concerns regarding the 'least advantaged members of society' in the context of global inequality. The paper includes reflections upon pedagogy in courses focused upon international health research involving human subjects. (shrink)

Nicholas Agar, Jeff McMahan and Allen Buchanan have all expressed concerns about enhancing humans far outside the species-typical range. They argue radically enhanced beings will be entitled to greater and more beneficial treatment through an enhanced moral status, or a stronger claim to basic rights. I challenge these claims by first arguing that emerging technologies will likely give the enhanced direct control over their mental states. The lack of control we currently exhibit over our mental lives greatly contributes to (...) our sense of vulnerability. I then argue moral status should be viewed in terms of vulnerability. The enhanced will slowly gain the ability to command their mental states, reducing their vulnerability. These radically enhanced beings will have greater capacities, and possibly an inner life more valuable than our own. They will also be less vulnerable, and as a result, their moral status will be subordinate to our own. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour through the (...) intellectual history of the voluntary slavery contract and the voluntary non-democratic constitution. The argument concludes that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations and associations. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

in In Harm’s Way: Essays in Honor of Joel Feinberg, edited by Allen Buchanan and Jules Coleman (Cambridge: Cambridge University Press, 1994), pp. 324-343.

A short presentation of Rawl's theory of justice and its revision in 'Political Liberalism' with an overview of criticism by Ronald Dworkin, Robert Nozick, Alan Buchanan, Amartya Sen and John Harsanyi.

What process ought to guide decision making for pediatric patients? The prevailing view is that decision making should be informed and guided by the best interest of the child. A widely discussed structural model proposed by Buchanan and Brock focuses on parents as surrogate decision makers and examines best interests as guiding and/or intervention principles. Working from two recent articles by Ross on “constrained parental autonomy” in pediatric decision making (which is grounded in the Buchanan and Brock model), (...) I discuss (supportively) features of Ross’s effort visa-vis the best interest standard. I argue that any pediatric decision-making model that brackets or formally limits an engagement with the child patient assumes too much. Further, any model that under appreciates the place of parents and their autonomy, and the dynamic parent-child relationship, misses an opportunity to broaden the clinical encounter by considering questions of justice for the child (Rawls) and within a family (Ross). In this context, I focus on the child’s emerging and ongoing emotional and intellectual development and autonomy—their capabilities and identifying primary goods. (shrink)