There is a libertarian argument for live donor organ markets, according to which live donor organ markets would be permitted if we simply refrained from imposing any substantive and controversial moral assumptions on people who reasonably disagree about morality and justice. I argue that, to the contrary, this endorsement of live donor organ markets depends upon the libertarians’ adoption of a substantive and deeply controversial conception of strong, extensive property rights. This is shown by the fact that these rights would (...) prevent states intervening in cases of preventable and intuitively impermissible wronging of others that can arise when free individuals engage in voluntary offers and exchanges. I outline two forms of such wronging: discrimination and disrespectful demands. I argue that although these types of acts are morally impermissible, the policy question of whether and how they should be regulated by states is non-trivial. I then argue that there is good reason to think that organ markets would rely on disrespectful demands. This may help explain the widespread moral repugnance people feel toward organ trading. It also provides a prima facie, though not decisive, case for states to prohibit such markets. (shrink)

I make the observation that English sentences such as “You have reason to take the bus or to take the train” do not have the logical form that they superficially appear to have. I find in these sentences a conjunctive use of “or,” as found in sentences like “You can have milk or lemon in your tea,” which gives you a permission to have milk, and a permission to have lemon, though no permission to have both. I argue that a (...) confusion of genuine disjunctions with sentences of the above form has motivated the mistaken acceptance by some philosophers of principles like the one I call “Liberal Transmission.” This is the principle that if you have a reason to do something, then you have a reason to do it in each of the possible ways in which it can be done (though not more than one of them). I argue that Liberal Transmission and its close relatives are false. Wide-scope reasons are defined as reasons that have a conditional or other logical connective within the scope of the reason operator. For example, a wide-scope instrumental reason might be: reason(if you have an end, take the means). By refuting Liberal Transmission, I show that you could have wide-scope instrumental reasons like this while nevertheless lacking any narrow-scope reason to take the means, or narrow-scope reason to not have the end. This enables me to respond to two major objections to the wide-scope approach to the instrumental principle that have been developed by Joseph Raz and by Niko Kolodny. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

Principles of procreative beneficence (PPBs) hold that parents have good reasons to select the child with the best life prospects. Sparrow (2010) claims that PPBs imply that we should select only female children, unlesswe attach normative significance to “normal” human capacities. We argue that this claim fails on both empirical and logical grounds. Empirically, Sparrow’s argument for greater female wellbeing rests on a selective reading of the evidence and the incorrect assumption that an advantage for females would persist even when (...) a serious gender imbalance is obtained. Logically, PPBs cite only pro tanto reasons and allow that the good of an individual child could be outweighed by other morally relevant considerations, such as those which take collectively suboptimal outcomes into account. There is thus no need to attach value to the “normal.”. (shrink)

Intuitively, it seems that certain basic desires, or urges, are rationally impotent, i.e., that they provide no reasons for action (a famous example is Warren Quinn's story of a man who has a brute urge to turn on every radio he sees). This intuition seems to conflict with the internalist, or Humean subjectivist, claim that our desires give us reasons. But Harry Frankfurt's well-known subjectivist account, with its distinction between first- order and higher-order desires and its concepts of identification and (...) commitment, may be able to accommodate this intuition. Regan Lance Reitsma has argued that to do so, it needs to be supplemented with a concept of "personal ideals", which demand that we give no normative weight to certain inclinations. I argue that Reitsma's account depends on the unexplained assumption that some kinds of desire have special standing, and thus cannot improve on the explanation of the rational impotence of urges already available to Frankfurt. (shrink)