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)

We often claim to know about what is good or bad, right or wrong. But how do we know such things? Both historically and today, answers to this question have most commonly been rationalist or sentimentalist in nature. Rationalists and sentimentalists clash over whether intellect or affect is the foundation of our evaluative knowledge. This paper is about the form that this dispute takes among those who agree that evaluative knowledge depends on perceptual-like evaluative experiences. Rationalist proponents of (...) perceptualism invoke intellectual experiences, while sentimentalist proponents invoke affective experiences. The goal of this paper is to offer a fresh strategy for adjudicating between intellectual and sentimental perceptualism. I argue that the perceptualist’s hand will be forced either in the direction of intellectual or sentimental perceptualism once she decides between two views about the modal status of our basic evaluative knowledge. I close with an argument that the more plausible of the two options is the one which fits best with sentimental perceptualism. The argument, then, is that perceptualists ought to be sentimentalists. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other (...) things, affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

Three recent ‘state of the art’ Frankfurt cases are responded to: Widerker’s Brain-Malfunction-W case and Pereboom’s Tax Evasion cases (2 & 3). These cases are intended by their authors to resurrect the neo-Frankfurt project of overturning the Principle of Alternative Possibilities (PAP) in the teeth of the widespread acceptance of some combination of the WKG (Widerker-Kane-Ginet) dilemma, the Flicker of Freedom strategy and the revised PAP response (‘Principle of Alternative Blame’, ‘Principle of Alternative Expectations’). The three neo-Frankfurt cases of Pereboom (...) and Widerker shown to be insufficient for their intended purpose. Of central importance to any account of responsibility is that this applies at the level of the Right and not the Good. Arguments of Carlos Moya are expanded and augmented by considerations from Chisholm, Lucas, Dummett and Lockie (2003) to show that a number of severe problems remain for anyone attempting to resurrect the Frankfurt project. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this (...) Fundamental Conditions Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic (...) good is knowledge, not mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)

What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are one of the main vehicles that (...) the realm of rights has for protecting and promoting the interests that individuals have in participatory goods. (shrink)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will by (...) threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

Meaning in life is too important not to study systematically, but doing so is made difficult by conceptual indeterminacy. An approach to meaning that is promising but, indeed, conceptually vague is Jonathan Haidt’s ‘cross-level coherence’ account. In order to remove the vagueness, I propose a concept of ‘good fit’ that a) captures central aspects of meaning as it is discussed in the literature; b) brings the subject of meaning under the survey of the dynamicist or ‘embodied-embedded’ philosophy of cognition; (...) and c) allows the theoretical discussion on meaning to become more focused and systematic. The article addresses two apparent problems with the idea of ‘good fit,’ namely the fact that both challenges and relations of an agent with the outside world are central to meaning. It is finally pointed out which implications adopting the concept of ‘good fit’ instead of ‘meaning’ would have. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...) so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

The first part of the paper (p. 10-21) tries to answer the first question of the title and describes a set of seven “knowledge-claims” made by Socrates: 1. There is a distinction between right opinion and knowledge. 2. Virtue is knowledge. 3. Nobody willingly does wrong. 4. To do injustice is the greatest evil for the wrongdoer himself. 5. An even greater evil is if the wrongdoer is not punished. 6. The just person is happy; the unjust person is (...) unhappy. 7. The pleasant is not the good. These claims seem to be the “few” (oliga) (Men. 98 b3) but “very important” (kallista) (Grg. 472 c8) things that Socrates claims to know. The second part (p. 22-39) tries to answer the second question and defends the thesis that the supposed “knowledge” of Socrates is dianoetic, but not noetic. The main new idea of this paperis the comparison of the Socratic knowledge-claims with the upper states of the mind symbolized in theDivided Line, noesis and dianoia (cf. R. 511 d7-e1). Posted. (shrink)

What we see is partially dependent on what we are shown. As communicators, we have a duty to inform and educate and lead. As environmental communicators we have the privilege of explaining how the various parts of our natural world work, individually, in unison, and in relationship to people. By examining two specific areas of growing global concerns, this paper provides an analytic tool and starts a discussion as to what should be guiding decisions concerning major environmental questions. The first (...) growing global concern discussed is tailings ponds in Northern Alberta’s oil sands. The second is the large bodies of air pollution in Asia. In both cases, (Good) short term decisions that benefit a few have led to large environmental concerns. Should humanity be worried about our future? Could (Right) long-term, sustainable, and inclusive decisions lead to more manageable environmental challenges? To be a communicator in the real world it is important to know and differentiate between the Good and the Right. Good and Right communications in environmental issues support daily or frequent acts concerning any or all of three critical areas: sustainability, conservation, and climate change. Questions are addressed. Where are people now with respect to environment, how did we get here, and what are the pros and cons of changing from Good to Right solutions? By looking at one individual’s choice, readers see that Good and Right decisions do not have to be mutually exclusive. (shrink)

By using multilevel mediation involving 322,589 posts made by 384 musicians over 104 weeks, we simultaneously analyze the short-term and long-term effects of charity-related signaling on sales, with social media engagement as the mediator. Specifically, we compare the effects of charity-related signals with those of two other types of signals: mission-related (i.e., promoting music and commercial products) and non-mission-related (i.e., other posts that do not relate to the other two categories). In the short term, the indirect effect of using charity (...) signaling on sales (through engagement) is positive, though smaller than the effects of mission-related and non-mission related signals. However, in the long term, the indirect effect of regularly using charity-related signaling on sales (through long-term engagement) is greater than for the effects involving the other types of signals. We derive from these findings three main implications for the business ethics literature. First, in the long term, the mutual economic benefits of charity signaling should encourage both entities (i.e., musicians and charities) to go beyond short-term, transactional philanthropy. Second, because it is profitable for musicians to partner with charities in the long-term, our research argues that charities have extensive bargaining power in such co-branding decisions. Third, our research highlights the importance of studying the longitudinal aspects of co-branding decisions involving non-profit organizations; the financial outlook of such decisions could greatly vary depending on the timeframe (i.e., short vs. long). (shrink)

Abstract I argue that good and right are gradable adjectives as that is understood in the current linguistic theory of gradable adjectives. According that theory, gradable adjectives do not denote properties but contribute meaning in a different yet cognitive way; and if that applies to good and right, then those words contribute meaning and provide evaluativity and normativity by means other than denoting properties. If that is true, significant consequences follow for metaethics, both because of the (...) lack of properties good and right, and because of specific features of the gradable adjective semantics. I outline the theory of good and right as gradable adjectives and explore some of those consequences, attempting to give a sense of what changes we may expect in metaethics. (shrink)

One popular line of argument put forward in support of the principle that the right is prior to the good is to show that teleological theories, which put the good prior to the right, lead to implausible normative results. There are situa- tions, it is argued, in which putting the good prior to the right entails that we ought to do things that cannot be right for us to do. Consequently, goodness cannot (always) (...) explain an action's rightness. This indicates that what is right must be determined independently of the good. In this paper, I argue that these purported counterexamples to teleology fail to establish that the right must be prior to the good. In fact, putting the right prior to the good can lead to sets of ought statements which potentially con- flict with the principle that ‘ought’ implies ‘can’. I argue that no plausible ethical theory can determine what is right independently of a notion of value or goodness. Every plausible ethical theory needs a mapping from goodness to rightness, which implies that right cannot be prior to the good. (shrink)

The Euthyphro dilemma is widely deployed as an argument against theistic accounts of ethics. The argument proceeds by trying to derive strongly counterintuitive implications from the view that God is the source of morality. I argue here that a general crudeness with which both the dilemma and its theistic targets are described accounts for the seeming force of the argument. Proper attention to details, among them the distinction between the good and the right, reveals that a nuanced theism (...) is quite unscathed by it. (shrink)

Critical notice of Robert Audi's The Good in the Right in which doubts are raised about the epistemological and ethical doctrines it defends. It doubts that an appeal to Kant is a profitable way to defend Rossian normative intuitionism.

The argument between Jacques Maritain and Charles de Koninck over the primacy of the common good is well known. Yet, even though Mary Keys has carefully arbitrated this debate, it still remains problematic for Alasdair MacIntyre, particularly because of the role rights play in both Maritain and Catholic Social Thought. I examine Keys’ argument and, in addition, Deborah Wallace’s account of MacIntyre’s criticism of rights in Catholic social thought. I argue, in the end, that what Maritain, and in consequence (...) Keys and Wallace, miss about the common good is its relationship to practical reasoning, and that MacIntyre highlights both that relationship and the role of the common good in human dignity. (shrink)

Consequentialist views have traditionally taken a maximizing form, requiring agents to bring about the very best outcome that they can. But this maximizing function may be questioned. Satisficing views instead allow agents to bring about any outcome that exceeds a satisfactory threshold or qualifies as “good enough.” Scalar consequentialism, by contrast, eschews moral requirements altogether, instead evaluating acts in purely comparative terms, i.e., as better or worse than their alternatives. After surveying the main considerations for and against each of (...) these three views, I argue that the core insights of each are not (despite appearances) in conflict. Consequentialists should be deontic pluralists and accept a maximizing account of the ought of most reason, a satisficing account of obligation, and a scalar account of the weight of reasons. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...) similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

How does good combine with bad? Most creatures are neither so blessed as to only enjoy good nor so cursed as to only suffer bad. Rather, the good and bad they receive throughout their lives combine to produce their overall quality of life. But it’s not just whole lives that have combined good and bad. Many stretches within contain both positive and negative occurrences whose value is joined to form the overall quality of that span of (...) time. In a single morning someone might wake up, brush their teeth, stub their toe groggily lumbering down the stairs, and have a sip of coffee that’s tasty but so hot they burn their tongue. These events are good and bad for them to various degrees, and their value comes together to form an overall value for them of that morning. A single moment, even, can have combined value from distinct pockets of good and bad that occur simultaneously. The tastiness of the coffee is good, but the pain of the heat is bad. They combine to form an overall value of the sipping moment – negative if the pain outweighed the flavor. Thus, wellbeing and illbeing combine. But how? How can someone rightly chastise themselves for sipping the overly hot coffee when it was, in fact, good because it was tasty? To pose the question starkly, a life can be bad, even so bad to not be worth living, and yet it can have many instances of good, where these goods are, in themselves, pure of any negativity. But how can good make something bad? (shrink)

In both The Right and the Good and The Foundations of Ethics, W. D. Ross maintains that any amount of the non-instrumental value of virtue outweighs any amount of the non-instrumental value of pleasure or avoidance of pain. The chapter raises two challenges to the status that Ross accords the value of virtue relative to the value of pleasure (pain). First, it argues that Ross fails to provide a good argument for thinking that virtue is always better (...) than pleasure and that it is in any case implausible to think that any amount of virtue (or avoidance of vice) is better than the avoidance of any amount of pain or suffering. Second, it argues that the inflexibility of Ross’s value theory exhibited in his claim about the relative value of virtue produces tension with and mars the attractive heterarchical structure of his theory of rightness or prima facie duties. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

What is the value of intellectual playfulness? Traditional characterizations of the ideal thinker often leave out playfulness; the ideal inquirer is supposed to be sober, careful, and conscientiousness. But elsewhere we find another ideal: the laughing sage, the playful thinker. These are models of intellectual playfulness. Intellectual playfulness, I suggest, is the disposition to try out alternate belief systems for fun – to try on radically different perspectives for the sheer pleasure of it. But what would the cog-nitive value be (...) of such playfulness? I suggest that intellectual playfulness function as, at the very least, a kind of intellectual insurance policy against epistemic traps. An epistemic trap is a belief system that re-directs good-faith inquiry to bad results. Am epistemic trap manipulates background beliefs to fend off contrary evidence. For example, a conspiracy theory might include a set of beliefs about how the mainstream media has been taken over by some vicious cabal. Normal epistemic attempts will be captured by a well-wrought epistemic trap, because normal attempts at inquiry are guided by these background beliefs -- which set what counts as a plausible path to explore, and what is implausible or beyond the pale. And a clever epistemic trap will manipulate those background beliefs for ill effect. Intellectual playfulness, on the other hand, isn’t motivated by an epistemic interest in the truth, but in the sheer pleasure of intellectual exploration. Since intellectual playfulness isn’t oriented towards the truth, it won’t be constrained by an agent’s background beliefs – it won’t, for example, prefer to investigate apparently more plausible pathways. Intellectual playfulness offers an opportunity to escape from epistemic traps. But intellectual playfulness has its own limitations. It will only drive us to explore belief systems when that exploration is fun. What we need is an array of differently-motivated exploratory tendencies – empathy, curiosity, playfulness – each of which will each cover for the others’ limitations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophies versus Philosophy:In Defense of a Flexible DefinitionRein RaudIt is strange that no one has taken up Carine Defoort's clearly formulated and timely argument about the intercultural tensions in interpreting what philosophy is, although the issue deserves at least a roundtable, if not an international conference.1 I doubt that this is because there is a general consensus that the matter is now settled, and I would therefore like (...) to develop the argument a bit further and offer a few additional factors to consider. It is also obvious that the problem is not limited to the subject of Chinese philosophy alone: all traditions of thought from all over the world, but most notably the Indian, Islamic, and Japanese heritages, are affected by the positions we adopt. As in most debates about the commensurability of cultural traditions, we can find differences when we look for them, and similarities if these are what we would like to see, so the "conflict of sensitivities"2 is also a matter of attitudes. My own position is that regardless of what we prefer to call the practice of deeper thought (and 'philosophy' is a very good name), it would be extremely useful for all of its participants, whatever their origin and upbringing, to find a common denominator for them to be able to exchange ideas and mutually enrich each other on its basis. In what follows I shall try to sketch a perspective from which this could, in my opinion, be theoretically grounded.Four PositionsDefoort has identified four possible points of view on the problem of whether classical Chinese thought could or should be called 'philosophy,' which could be summarized as follows.1. Chinese classical thought is not philosophy, because it does not satisfy the conditions of philosophy as it is generally and traditionally understood in the West.2. Chinese classical thought is philosophy, because it reveals the necessary characteristics if analyzed with the help of an appropriate (Western-type) observation language.3. Chinese classical thought can be called philosophy, but only if we redefine philosophy in order to accommodate some of its nontypical or clearly deviant features.4. Chinese classical thought should not be called philosophy, because philosophy is a culturally closed Western phenomenon with a limited scope and incapable of understanding fundamentally different modes of thought. [End Page 618]If we dismiss the birthright variety of the first position, we could label it essentialist, and its weakest point is certainly that Western philosophy has not remained unchanged during the course of history. It is highly doubtful that Socrates, Diogenes, scholastics, Nietzsche, and Gareth Evans could all be members of the same set if the same strict criteria were applied to all periods and all cultural settings in the same way, and, as Defoort herself stresses,3 the fact that seventeenth-century Jesuits (the basis of whose original worldview, we should think, was much farther from the Chinese than ours) had no problem in calling Chinese thought philosophy should show us that the paradigm shift of the thing called 'philosophy' has occurred in the West and is, so to speak, our problem and not theirs.Now, it is also possible that in some circles even some prominent names in the Western tradition do not qualify as real philosophers, in the sense in which Hegel was treated by Bertrand Russell4 and Heidegger was dismissed by Alfred Ayer5 in their respective histories of philosophy (while they nevertheless felt compelled to include chapters or passages on them). A definition of philosophy that puts forward such criteria that a considerable number of thinkers would have to remain outside its borders should be labeled sectarian-and it can still be met, even if ever less often, in some analytical schools of philosophy. It is my conviction, however, that in our globalizing world any definition that would leave non-European philosophy outside the borders of 'philosophy proper' should be considered sectarian in nature. The main problem that I have with Defoort's family model6 is precisely that in it the head of the family, who makes the decisions as to who can be adopted and who cannot, is always Western, and the... (shrink)

This article reviews an epochal change in international thinking about physical punishment of children from being a reasonable method of chastisement to one that is harmful to children and troubling to families. In addition, the article suggests shifts in thinking about physical punishment were originally pioneered as part and parcel of the dismantling of national laws granting fathers’ specific rights to admonish children under conventions of patria potestas. A comparative historical framework of analysis involving two case studies of Ireland and (...) Ghana illustrates non-unilinear pathways of international convergence towards the prohibition of physical punishment. The comparative historical analysis highlights the 1930s and 1940s as an era when Ireland began to reject patria potestas and religious or judicial rulings which allowed for children to be given ‘a good beating’ in family and school settings. However, from the same period, Ghana is seen to experience Christian remonstrations not to ‘spare the rod’ leading to the ‘conventional’ tradition of ‘this is how we do it here’. Two case studies serve to illustrate that banning physical punishment was less controversial in Ireland where allied traditions of patria potestas and disciplinarian Christian beliefs had lost their moral hegemony than in Ghana where such beliefs still held influence. The article concludes overall that normative campaigns against physical punishment of children emanate from a coherent paradigm of family policy where childcare, education, and well-being of children are embedded as everyday societal responsibilities rather than privatised or patriarchal familial obligations. The coherent model offers an alternative moral hegemony to neo-liberal and Janus-faced conceptualisations of good or ‘intact’ families versus ‘broken’ or ‘troubled’ families. (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

The aims of liberalism—which is often confused with value pluralism—are routinely challenged by persons whose primary commitments lie elsewhere. In his weighing the pros and cons of liberal democratic states versus an Islamic state, Ahmad Yousif has offered an impressive challenge to liberals, but in doing so has confused the aims of liberalism with the pre-liberal nation-state ideal. In this article, I will challenge his conclusions by demonstrating the competing aims of liberals without conflating them with the liberal state. (...) Yousif is right to draw attention to the inequities of Western liberal democracies, but I will contend that (a) wherever actually existing liberal democracies fail to show tolerance towards religious minorities, it is not the fault of liberalism, and that (b) Yousif’s counter ideal of an Islamic state is less than ideal. (shrink)

At the core of the recent debate over moral debunking arguments is a disagreement between explanationist and modalist approaches. Explanationists think that the lack of an explanatory connection between our moral beliefs and the moral truths, given a non-naturalist realist conception of morality, is a reason to reject non-naturalism. Modalists disagree. They say that, given non-naturalism, our beliefs have the appropriate modal features with respect to truth -- in particular they are safe and sensitive -- so there is no problem. (...) -/- There is something of a stand-off here. I argue, though, that by looking at the role explanatory and modal factors have to play in theory choice more generally, and, in particular, by considering the practice of theory choice in science, we can see that the explanationist is right. The lack of an explanatory connection between our moral beliefs and the moral truths is a reason to reject non-naturalist realism about morality. (shrink)

Fixed-rate versions of rule-consequentialism and rule-utilitarianism evaluate rules in terms of the expected net value of one particular level of social acceptance, but one far enough below 100% social acceptance to make salient the complexities created by partial compliance. Variable-rate versions of rule-consequentialism and rule-utilitarianism instead evaluate rules in terms of their expected net value at all different levels of social acceptance. Brad Hooker has advocated a fixed-rate version. Michael Ridge has argued that the variable-rate version is better. The debate (...) continues here. Of particular interest is the difference between the implications of Hooker's and Ridge's rules about doing good for others. (shrink)

C. S. Peirce introduced the term “icon” for sign-vehicles that signify their objects in virtue of some shared quality. This qualitative kinship, however, threatens to collapse the relata of the sign into one and the same thing. Accordingly, the late medieval philosopher of signs John Poinsot held that, “no matter how perfect, a concept [...] always retains a distinction, therefore, between the thing signified and itself signifying.” Poinsot is touted by his present-day advocates as a realist, but I believe that, (...) judged by realist standards, his requirement of minimal dissimilarity backfires. Poinsot thinks that, in analyzing the sign, we should stop before a full merger between sign-vehicle and object is reached. Peirce, by contrast, saw good reason to push the analysis all the way down to one isolated quality. Because such a qualitative merger can lend support to realism, I favour Peirce’s stance. (shrink)

Opracowanie dotyczy fragmentu preambuły Konstytucji RP z 1997 r.: „równi w prawach i w powinnościach wobec dobra wspólnego - Polski”. Zmierza ono przede wszystkim do uwyraźnienia i analizy wskazanych w tym fragmencie wartości, które mogą pomóc w dookreśleniu celów konstytucji i ujęciu czegoś, co określa się niekiedy mianem „ducha konstytucji”. Analizowane jest umiejscowienie komentowanego akapitu w całości preambuły, oraz prace nad projektem Konstytucji, które prowadzą ku refleksji nad kategorią dobra wspólnego w artykule 1. W centrum moich analiz jest argumentacja na (...) rzecz tezy, że dobrem wspólnym są warunki życia społecznego służące rozwojowi jednostek i że jednym z istotnych elementów dobra wspólnego jest poszanowanie praw człowieka. (shrink)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

Recent third person approaches to thought experiments and conceptual analysis through the method of surveys are motivated by and motivate skepticism about the traditional first person method. I argue that such surveys give no good ground for skepticism, that they have some utility, but that they do not represent a fundamentally new way of doing philosophy, that they are liable to considerable methodological difficulties, and that they cannot be substituted for the first person method, since the a priori knowledge (...) which is our object in conceptual analysis can be acquired only from the first person standpoint. (shrink)

This paper champions the view (REG) that the concept of a normative reason for an agent S to perform an action A is that of an explanation why it would be good (in some way, to some degree) for S to do A. REG has numerous virtues, but faces some significant challenges which prompt many philosophers to be skeptical that it can correctly account for all our reasons. I demonstrate how five different puzzles about normative reasons can be solved (...) by attention to the concept of goodness, and in particular observing the ways in which it—and consequently, talk about reasons—is sensitive to context (ends and information). Rather than asking simply whether or not certain facts are reasons for S to do A, we need to explore the contexts in which it is and is not correct to describe a certain fact as “a reason” for S to do A. These five puzzles concern: (1) reasons for attitudes of the “right kind”, (2) evidence as reasons, (3) normative facts as reasons, (4) subjective reasons, and (5) attitudes as reasons. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation (...) inherits a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (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)

A platitude that took hold with Kuhn is that there can be several equally good ways of balancing theoretical virtues for theory choice. Okasha recently modelled theory choice using technical apparatus from the domain of social choice: famously, Arrow showed that no method of social choice can jointly satisfy four desiderata, and each of the desiderata in social choice has an analogue in theory choice. Okasha suggested that one can avoid the Arrow analogue for theory choice by employing a (...) strategy used by Sen in social choice, namely, to enhance the information made available to the choice algorithms. I argue here that, despite Okasha’s claims to the contrary, the information-enhancing strategy is not compelling in the domain of theory choice. (shrink)

There has been a long history of arguments over whether happiness is anything more than a particular set of psychological states. On one side, some philosophers have argued that there is not, endorsing a descriptive view of happiness. Affective scientists have also embraced this view and are reaching a near consensus on a definition of happiness as some combination of affect and life-satisfaction. On the other side, some philosophers have maintained an evaluative view of happiness, on which being happy involves (...) living a life that is normatively good. Within the context of this debate we consider how people ordinarily understand happiness, and provide evidence that the ordinary understanding of happiness reflects aspects of both evaluative and descriptive views. Similar to evaluative views, normative judgments have a substantive role in the ordinary understanding of happiness. Yet, similar to descriptive views, the ordinary understanding is focused on the person’s psychological states and not the overall life they actually lived. Combining these two aspects, we argue that the ordinary understanding of happiness suggests a novel view on which happiness consists in experiencing positive psychological states when one ought to. This view, if right, has implications for both philosophical and psychological research on happiness. (shrink)

Many academic works as well as many works of art are such that if they had never been produced, no one would be worse off. Yet it is hard to resist the judgment that some such works are good nonetheless. We are rightly grateful that these works were created; we rightly admire them, appreciate them, and take pains to preserve them. And the authors and artists who produced them have reason to be proud. This should lead us to question (...) the view that in order for a thing to be good, in a sense which implies that the thing merits our attention and positive concern, it needs to be good for someone or something whose welfare is enhanced by it. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems (...) in accounting for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

According to the Good True Self (GTS) theory, if an action is deemed good, its psychological source is typically viewed as more reflective of its agent’s true self, of who the agent really is ‘deep down inside’; if the action is deemed bad, its psychological source is typically viewed as more external to its agent’s true self. In previous work, we discovered a related asymmetry in judgments of blame- and praiseworthiness with respect to the mitigating effect of moral (...) ignorance via childhood deprivation. Inspired by work motivating the GTS theory, we ran a new study to discover whether our asymmetry likewise reflected judgments about the true self. It did. However, it is unclear whether our results fit with the ‘good’ part of the GTS theory: some of our and others’ results suggest that, in certain contexts, wrong actions are taken to be more expressive of agents’ true selves than right ones. In this paper, we propose that our and others’ data can be explained by the hypothesis that we are inclined to judge as the GTS theory predicts when there is a readily available external explanation for an agent’s action. In short, we give people the benefit of the doubt. (shrink)

The highly enjoyable experiences associated with drinking good wines have been widely misunderstood. It is common to regard wine appreciation as an analytical or quasi-scientific kind of activity, in which wine experts carefully distinguish the precise sensory qualities of each wine, and then pass on their accumulated factual knowledge to less experienced wine enthusiasts. However, this model of wine appreciation is seriously defective. One good way to show its defects is to provide a better and more fundamental scientific (...) account of what is involved in wine appreciation. In order to do so, I outline a novel, evolutionarily based theory of perceptual consciousness that explains why there must be imaginative as well as analytical kinds of experiences of wines. In addition, imaginative wine experiences, unlike typical imaginative artistic experiences, may be shown to involve highly individualistic, improvisatory elements that help to give wine drinking a unique place among the recreational arts. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were invalid—which made the (...) underlying rights inalienable. Once understood, those arguments apply as well to today’s self-rental contract, the employer-employee contract. (shrink)