This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

According to the Free Will Explanation of a traditional view of hell, human freedom explains why some people are in hell. It also explains hell’s punishment and finality: persons in hell have freely developed moral vices that are their own punishment and that make repentance psychologically impossible. So, even though God continues to desire reconciliation with persons in hell, damned persons do not want reconciliation with God. But this moral vice explanation of hell’s finality is implausible. I argue that God (...) can and would make direct or indirect alterations in their character to give them new motivational reasons that re-enable their freedom to repent. Subsequently, I argue that it is probable that each damned person will be saved eventually, because there is a potential infinity of opportunities for free repentance. Thus, if the Free Will Explanation’s descriptions of hell and divine love are correct, it is highly probable that each person in hell escapes to heaven. (shrink)

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...) those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...) consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

I argue that certain kinds of luck can partially determine an agent’s praiseworthiness and blameworthiness. To make this view clearer, consider some examples. Two identical agents drive recklessly around a curb, and one but not the other kills a pedestrian. Two identical corrupt judges would freely take a bribe if one were offered. Only one judge is offered a bribe, and so only one judge takes a bribe. Put in terms of these examples, I argue that the killer driver and (...) bribe taker are more blameworthy than their counterparts. I offer three arguments for that view, and, in doing so, I exemplify a general way to advance the moral luck debate. First, I argue against an account of moral responsibility that implies that the judges are equally blameworthy. Second, I argue that the killer driver is more blameworthy than the merely reckless driver. Third, I locate an alternative sense in which the agents in each case pair are morally on par. (shrink)

It is conventional wisdom that appreciating the role of luck in our moral lives should make us more sparing with blame. But views of moral responsibility that allow luck to augment a person’s blameworthiness are in tension with this wisdom. I resolve this tension: our common moral luck partially generates a duty to forgo retributively blaming the blameworthy person at least sometimes. So, although luck can amplify the blame that a person deserves, luck also partially generates a duty not to (...) give the blameworthy person the retributive blame that he deserves at least sometimes. (shrink)

Someone owes gratitude to God for something only if God benefits her and is morally responsible for doing so. These requirements concerning benefit and moral responsibility generate reasons to doubt that human beings owe gratitude to God for their own moral goodness. First, moral character must be generated by its possessor’s own free choices, and so God cannot benefit moral character in human beings. Second, owed gratitude requires being morally responsible for providing a benefit, which rules out owed gratitude to (...) God because God must do what is best. Both reasons are unpersuasive. I argue that God can benefit morally good character in human beings with and without their free choices. Subsequently, I argue against views of moral responsibility that preclude divine moral responsibility and argue that influential accounts of moral responsibility preserve it. Thus, these two requirements generate no problem for owed gratitude to God. (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept a (...) pro-moral luck interpretation of Kant. (shrink)

The problem of moral luck is that a general fact about luck and an intuitive moral principle jointly imply the following skeptical conclusion: human beings are morally responsible for at most a tiny fraction of each action. This skeptical conclusion threatens to undermine the claim that human beings deserve their respective eternal reward and punishment. But even if this restriction on moral responsibility is compatible with the doctrine of the final judgment, the quality of one’s afterlife within heaven or hell (...) still appears to be lucky. Utilizing recent responses to the problem of moral luck, I explore several Molinist accounts of the final judgment that resolve both theological problems of moral luck. Some of these accounts entirely eliminate moral luck while others ensure that the moral luck involved in the judgment is overall good luck. (DOWNLOAD the published version at the external link below.). (shrink)

Every tenable ethical theory must have an account of moral virtue and vice. Julia Driver has performed a great service for utilitarians by developing a utilitarian account of moral virtue that complements a broader act-based utilitarian ethical theory. In her view, a moral virtue is a psychological disposition that systematically produces good states of affairs in a particular possible world. My goal is to construct a more plausible version of Driver’s account that nevertheless maintains its basic integrity. I aim to (...) accomplish this goal by developing four problems concerning admiration and luck for Driver’s account. Subsequently, I modify the account in a way that partially or entirely mitigates each difficulty. Finally, I attempt to undermine Driver’s rationale for rejecting the modification and explore how well the modified account of moral virtue fits with utilitarian accounts of right action. (shrink)

D. M. Armstrong famously claims that deterministic laws of nature are contingent relations between universals and that his account can also be straightforwardly extended to irreducibly probabilistic laws of nature. For the most part, philosophers have neglected to scrutinize Armstrong’s account of probabilistic laws. This is surprising precisely because his own claims about probabilistic laws make it unclear just what he takes them to be. We offer three interpretations of what Armstrong-style probabilistic laws are, and argue that all three interpretations (...) are incompatible either with some feature of Armstrong’s broader metaphysics or with essential features of his account of laws (or both). (shrink)

This article explains that and how Robert S. Hartman and Brand Blanshard, two of the most insightful philosophers of the 20th Century, were complete rationalists in their approach to philosophical problems, especially those in value theory. They both rejected emotive, subjectivist, and relativistic approaches to ethical values. Both were convinced that “intrinsic goodness” is the most important, meaningful, and basic of all ethical or moral concepts. Just how they understood reasonableness and the task of philosophers is explored. Significant (...) differences between the two on the meaning of “good” are examined. Blanshard’s equating of “intrinsically good” with “fulfillment and pleasure” is critiqued, and Hartman’s alternative to this is presented and defended. (shrink)

This article outlines the basics of Robert S. Hartman's theory of formal axiology.

This article summarizes and critique’s Robert S. Hartman’s four alleged “proofs for the infinite value of man.” Each “proof” assumes that all individual human beings actually contain within themselves an infinite number of good-making properties, and that this accounts for the literal infinite worth of each. Hartman developed four variations on this central theme. This critique shows that none of his arguments are plausible and none succeed in “proving” their conclusion.

This book is a collection of articles dealing with criticisms of Robert S. Hartman’s theory of formal axiology. During his lifetime, Hartman wrote responses to many of his critics. Some of these were previously published but many are published here for the first time. In particular, published here are Hartman’s replies to such critics as Hector Neri Castañeda, Charles Hartshorne, Rem B. Edwards, Robert E. Carter, G. R. Grice, Nicholas Rescher, Robert W. Mueller, Gordon (...) Welty, Pete Gunter, George Kimball Plochmann, William Eckhardt, and Robert S. Brumbaugh. Crticial essays and responses to them developed by Rem B. Edwards, Frank G. Forrest, and Mark A. Moore after Hartman’s untimely death in 1973 are also included. (shrink)

This article introduces Formal Axiology, first developed by Robert S. Hartman, and explains its essential features—a formal definition of “good” (the “Form of the Good”), three basic kinds of value and evaluation—systemic, extrinsic, and intrinsic, and the hierarchy of value according to which good things having the richest quantity and quality of good-making properties are better than those having less. Formal Axiology is extended into moral philosophy by applying the Form of the Good to persons and showing how (...) this culminates in an Axiological Virtue Ethics. This involves the systemic, extrinsic, and intrinsic goodness of persons, the intrinsic-good-making properties of persons, and the moral virtues that respect the intrinsic worth of persons in thoughts, feelings, and actions. A few obstacles to being and becoming morally good persons are also identified and explained. (shrink)

This article explores a form of ethics and spirituality based on the nearly universal but often undeveloped human capacity for identifying self with others and with non-personal values. It begins with commonplace non-moral identification experiences, then describes identification with others in ethical and spiritual unions. Freud’s psychological emphasis on identification is linked with ethics and spirituality, though Freud would have objected. Robert S. Hartman’s three kinds of goodness—systemic, extrinsic, and intrinsic—are applied to abundant ethical and spiritual living through (...) identification. Intrinsic identification with intrinsic values is the highest moral ideal; intrinsic identification with ultimate reality and with goodness in all its forms is the highest spiritual ideal. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development of ethical communities, including (...) a kingdom of ends and even the noumenal ethical community of an afterlife, and how the transparency and trust achieved in these communities is anticipated in rightful political society by publicity and the mutual confidence among citizens that it engenders. Finally, it will explore the implications of this synthesis of Kant’s political and religious philosophies for contemporary Kantian political theories, especially those of Jürgen Habermas and John Rawls. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

A liberal antinomy of parenting exists: strong liberal intuitions militate in favor of both denying special resources to parenting projects (on grounds of project-neutrality) and granting them (on grounds of respect for personhood). I show that we can reconcile these two claims by rejecting a premise common to both--viz. that liberalism is necessarily committed to extensive procreative liberties--and limiting procreation and subsequent parenting to adults who meet certain psychological and especially financial criteria. I also defend this argument, which provides a (...) Kantian complement to utilitarian arguments for restricting procreation, against a variety of objections. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will also cast grave doubt on Rawls’s belief that justice as fairness (...) is consistent with liberal socialism. (shrink)

This article criticizes radical labor republicanism on republican grounds. I show that its demand for universal workplace democracy via workers’ cooperatives conflicts with republican freedom along three different dimensions: first, freedom to choose an occupation…and not to choose one; second, freedom within the very cooperatives that workers are to democratically govern; and third, freedom within the newly proletarian state. In the conclusion, I ask whether these criticisms apply, at least in part, to the more modest, incrementalist strand of labor republicanism. (...) To the extent that they do, delaboring republicanism might be the best response. (shrink)

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will critically examine (...) Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential sexual-disinhibition effects of the (...) above public-health measures, their opposition to at least one of these measures, HPV vaccination, cannot be justified. In fact, their comprehensive doctrines, when properly interpreted, should lead them to back this measure and thereby draw closer to a policy consensus with other citizens regarding teenage sexual health. (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Against several recent interpretations, I argue in this chapter that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also a (...) representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the (...) incidents (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

Writing a college-application essay has become a rite of passage for high-school seniors in the U.S., one whose importance has expanded over time due to an increasingly competitive admissions process. Various commentators have noted the disturbing evolution of these essays over the years, with an ever-greater emphasis placed on obstacles overcome and traumas survived. How have we gotten to the point where college-application essays are all too frequently competitive-victimhood displays? Colleges have an understandable interest in the disadvantages their applicants may (...) have suffered, but this interest—and the awareness of it among both applicants and their advisors—has led to a “race to the bottom”: in order to thrive (or even survive) in a particular competitive context, participants are forced to continuously lower relevant standards in a game of one-upmanship. With college essays, the competition is among high-school seniors for admission, the one-upmanship is an ever-escalating effort to persuade admission committees of one’s greater disadvantage, and the relevant standards being lowered are honesty, privacy, and dignity—or so I shall argue. As we shall see, this particular race to the bottom imposes unequal costs on certain groups and has implications stretching well beyond collegiate admissions. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs in (...) three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

Against several recent interpretations, I argue in this paper that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also a (...) representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. I conclude the paper by defending Kant's theory of democratization against charges of consequentialism and paternalism and by pointing out its similarity to other accounts of democratic transitions (for example, those of Samuel Huntington and Guillermo O'Donnell), suggesting a previously unnoticed opportunity for cross-fertilization between political philosophy and comparative politics. (shrink)

In his book After Finitude, Quentin Meillassoux criticizes post-Kantian philosophy for its inability to explain how science is able to describe a world without human beings. This paper addresses that challenge through a consideration of Heidegger’s thought and his thinking about science. It is argued that the disagreement between Meillassoux and Heidegger comes down to a question of first philosophy and the priority of logic or ontology in philosophy. Ultimately, Heidegger’s emphasis on ontology in philosophy is superior in its ability (...) to give a more comprehensive account of science and thinking about things themselves. (shrink)

A common claim in the philosophy-of-race literature is that the unearned benefits of whiteness can by themselves burden their recipients with special antiracist obligations, i.e., that these benefits can impose duties unilaterally, without the mediation of their recipients’ wills, and that these duties go beyond our general antiracist duties, which derive from our common liberal-democratic citizenship and shared humanity. I will argue against this claim, though I acknowledge that there may be duties that follow from these benefits when they are (...) combined with the affirmation or assertion of, assent to, or even mere acquiescence in white identity. Without such ratification, however, there will be no basis for either special white duties or a distinctively white guilt. (shrink)

Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and nonmarket organ-allocation mechanisms. The (...) paper contends that CSO rules out a large set of nonmarket mechanisms, including escheatage ("presumed consent"), compensated takings of organs, and restricted gifting. It also argues that CSO, if accompanied by an economistic concern for welfare, can underwrite varying types of markets in human organs, ranging from mutual-insurance pools to inter vivos (i.e., live donor) organ sales. (shrink)

The priority of liberty has always played a central role in John Rawls's political theory. This chapter reviews Rawls's three arguments for the priority of liberty in Theory and argues that two of them do indeed fail (either in whole or in part) because of two types of error. It presents a partial reconstruction of the hierarchy argument, and demonstrates that our highest‐order interest in the development and exercise of rationality follows naturally from the Kantian commitment to autonomy that Rawls (...) expresses in Theory. The chapter discusses an apparent problem with the scope of the hierarchy argument: it does not offer a particularly compelling defense of the priority of the basic political liberties, including the rights to vote and hold public office. The chapter also discusses the implications of the priority of liberty for the American practice of civil libertarianism. (shrink)

Drawing upon the thought of Jacques Derrida and Martin Heidegger, the paper argues that contemporary discussions of religious experience and religious thought as two separate parts of religious practice and tradition--with religious experience as the "heart" of religion--is erroneous. Instead, it is argued, religious experience and religious thought are woven together in practice, the one implicating the other.

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

The paper criticizes John Caputo's formulation of "radical hermeneutics" and its understanding of both religion and tragedy, arguing that a "tragic theology" would be a truly radical hermeneutic.