An analysis of the nature of good governance as it figures into the Royal Government of Bhutan's policy of Gross National Happiness.

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in life (...) might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence. (shrink)

A critical overview of the latest discussion of anti-natalism, with particular reference to David Benatar's work and three additional rationales for anti-natalism that differ from Benatar's.

An analysis of the value of community vitality as it figures into the Royal Government of Bhutan's policy of Gross National Happiness.

In this article I compare and, especially, contrast Aristotle’s conception of virtue with one typical of sub-Saharan philosophers. I point out that the latter is strictly other-regarding, and specifically communitarian, and contend that the former, while including such elements, also includes some self-regarding or individualist virtues, such as temperance and knowledge. I also argue that Aristotle’s conception of human excellence is more attractive than the sub-Saharan view as a complete account of how to live, but that the African conception is (...) a strong contender for a limited group of the most important virtues related to morality qua rightness. (shrink)

Definitions of terms that are central to a theoretical understanding of the Royal Government of Bhutan's policy of Gross National Happiness.

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a (...) moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force. (shrink)

In an article titled ‘The end of ubuntu’ recently published in this journal, Bernard Matolino and Wenceslaus Kwindingwi argue that contemporary conditions in (South) Africa are such that there is no justification for appealing to an ethic associated with talk of ‘ubuntu’. They argue that political elites who invoke ubuntu do so in ways that serve nefarious functions, such as unreasonably narrowing discourse about how best to live, while the moral ideals of ubuntu are appropriate only for a bygone, pre-modern (...) age. Since there is nothing ethically promising about ubuntu for today’s society, and since elite appeals to it serve undesirable purposes there, the authors conclude that ubuntu in academic and political circles ‘has reached its end’. In this article, I respond to Matolino and Kwindingwi, contending that, in fact, we should view scholarly enquiry into, and the political application of, ubuntu as projects that are only now properly getting started. (shrink)

I critically examine the South African university student and worker protests of 2015/2016 in light of moral principles governing the use of force that are largely uncontested in both the contemporary Western and African philosophies of just war, violence and threats. Amongst these principles are: “discrimination”, according to which force should be directed not towards innocent bystanders but instead should target those particularly responsible for injustice; “likely success”, meaning that, instead of being counter-productive, the use of force must be reasonably (...) expected to advance a just cause; and “last resort”, which entails that only the least force necessary to rebut injustice should be employed. I invoke these and related principles to appraise a wide array of types of student/worker protests, noting which of them accorded with the principles and which did not. I also reply to defences that some South Africans have recently made of protesting with coercion and destruction. (shrink)

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond to the value of a (...) harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) . (shrink)

In this article, I consider whether there are values intrinsic to development theory and practice that are dubious in light of a characteristically African ethic. In particular, I focus on what a certain philosophical interpretation of the sub-Saharan value of communion entails for appraising development, drawing two major conclusions. One is that a majority of the criticisms that have been made of development by those sympathetic to African values are weak; I argue that, given the value of communion, development should (...) not be rejected because it is essentially, say, overly materialistic and scientistic, or insufficiently spiritual and local. The second conclusion, however, is that three criticisms of development are strong from the perspective of Afro-communalism and are particularly powerful when set in that context. I argue that development theory and practice are characteristically anthropocentric, individualist and technocratic, and that a reading of the sub-Saharan value of communion provides a unitary foundation for rejecting these features and for grounding an alternative, more relational approach to social progress and to what justice demands from the West in relation to Africa. (shrink)

Here I introduce the symposium issue of the South African Journal of Philosophy that is devoted to critically analysing my article “Toward an AfricanMoral Theory.” In that article, I use the techniques of analytic moral philosophy to articulate and defend a moral theory that both is grounded on the values of peoples living in sub-Saharan Africa and differs from what is influential in contemporary Western ethics. Here, I not only present a précis of the article, but also provide a sketch (...) of why I have undertaken the sort of project begun there, what I hope it will help to achieve, and how the contributors to the symposium principally question it. (shrink)

Therapists and related theorists and practitioners of mental health tend to hold one of two broad views about how to help patients. On the one hand, some maintain that, or at least act as though, the basic point of therapy is to help patients become clear about what they want deep down and to enable them to achieve it by overcoming mental blockages. On the other hand, there are those who contend that the aim of therapy should instead be to (...) psychologically enable patients to live objectively desirable lives, say, ones that involve developing their inherent talents or exhibiting an authentic/strong/integrated self. In this chapter, I argue that neither of these prominent approaches is complete. Contra the former, sometimes what patients want deep down is not something to promote, and, against the latter, it can sometimes be reasonable for patients to want to sacrifice their own objective interests and for therapists to assist them in this regard. I argue that the category of meaningfulness does well at accounting for these counterexamples to the two dominant approaches, while capturing the kernels of truth in them. The proper aim of therapy, I suggest, is to enable patients to live meaningfully. (shrink)

This article draws on the indigenous African tradition of philosophy to ground a moral-philosophical theory of leadership that is intended to rival accounts in the East Asian and Western traditions. After providing an interpretation of the characteristically sub-Saharan value of communion, the article advances a philosophical account of a good leader as one who creates, sustains, and enriches communal relationships and enables others to do so. The article then applies this account to a variety of topics, including what the proper (...) final end of an organization is, how decisions ought to be made within it, who counts as a stakeholder, and how to deal with non-performing or misbehaving employees. For each topic, the article notes respects in which the African theory of good leadership entails approaches that differ from other, more internationally familiar ones, and suggests that its implications are prima facie attractive relative to them. (shrink)

A lengthy reply to 13 critical discussions of _Meaning in Life: An Analytic Study_ collected in an e-book. The contributors are from a variety of philosophical traditions, including the Anglo-American, Continental and East Asian (especially Buddhist and Japanese) ones.

This is an introduction to the special issue of Quest devoted to D. A. Masolo’s latest book, Self and Community in a Changing World. It situates this book in relation to not only Masolo’s earlier research on African philosophy but also the field more generally, sketches the central positions of the contributions to the journal issue, and in light of them makes some critical recommendations for future reflection.

In this chapter, I highlight the differences between the two goods of happiness and meaningfulness. Specifically, I contrast happiness and meaning with respect to six value-theoretic factors, among them: what the bearers of these values are, how luck can play a role in their realization, which attitudes are appropriate in response to them, and when they are to be preferred in a life. I aim not only to show that there are several respects in which happiness and meaning differ as (...) categories of value, but also to bring out some of the logical relationships between the differences, for example, to note that the value’s bearer affects its susceptibility to luck. (shrink)

I focus on D A Masolo’s discussion of morality as characteristically understood by African philosophers. My goals are both historical and substantive, meaning that I use reflection on Masolo’s book as an occasion to shed light not only on the nature of recent debates about African ethics, but also on African ethics itself. With regard to history, I argue that Masolo’s discussion of sub-Saharan morality suggests at least two major ways that the field has construed it, depending on which value (...) is taken to be basic and which ones are deemed derivative. According to one perspective, the ultimate aim of a moral agent should be to improve people’s quality of life, which she can reliably do by supporting community in certain ways, while the other view is that community should instead be valued for its own sake, with the enhancement of welfare being morally relevant only insofar as it is part of that. I claim that Masolo does not indicate a clear awareness of how these two perspectives differ and is not explicit about how they relate to one another. After pointing out that Masolo is not alone in these respects, I draw what is meant to be a definitive, clear distinction between the two major ethical philosophies. Then, I provide what I deem to be conclusive reason to prefer the community- based conception of sub-Saharan ethics to the welfare-based one. (shrink)

Portuguese translation by Jean-Bosco Kakozi and Karina Macedo Fernandes of 'Ubuntu as a Moral Theory and Human Rights in South Africa', which first appeared in the African Human Rights Law Journal (2011).

In this essay I recount how I have been hoping to see more ubuntu in South Africa’s institutions than had been present in the two dominant socio-politico-economic models across the world in the 20th century. I haven’t been expecting utopia from the past 20 years of democracy; I’ve just wanted something new to come out of Africa. I here relate my experience of learning that it is not always forthcoming, at least not as quickly as I would have liked. However, (...) I conclude by indicating that the promise remains, suggesting several concrete and attractive ways that South Africa could apply traditional values of ubuntu to a contemporary setting. (shrink)

In this chapter I aim to provide a moral-philosophical grounding for much of Nelson Rolihlaha Mandela’s life. I spell out a principled interpretation of ubuntu that focuses on its moral import, and then apply it to salient facets of Mandela’s 50+ struggle years, contending that they exemplify it in many ways. Specifically, I first address Mandela’s decisions to fight apartheid in the 1940s, to use violence in response to it in the 1950s and ‘60s, and to refuse to renounce the (...) use of violence during the 1970s and ‘80s. Then I consider his attempts to negotiate with the apartheid regime in the mid to late 1980s and his support for the Truth and Reconciliation Commission (TRC) in the 1990s. Along the way, I address some suggestions that elements of Mandela’s life failed to exhibit ubuntu, such as his alleged ‘neglect’ of his family and ‘betrayal’ of the black majority regarding economic justice. My conclusion is that one can make good sense of many of Mandela’s most important decisions, including the hard choices, during the fight against apartheid by appeal to a theoretical ethic of ubuntu. (shrink)

In this article, I reply to a critical notice of my book, Meaning in Life: An Analytic Study, that Stephen Kershnar has published elsewhere in this issue of Science, Religion & Culture. Beyond expounding the central conclusions of the book, Kershnar advances two major criticisms of it, namely, first, that I did not provide enough evidence that meaning in life is a genuine value-theoretic category as something distinct from and competing with, say, objective well-being, and, second, that, even if there (...) were a value of meaning in life, my fundamentality theory of it would not capture it well. Here I respond to both of these criticisms, aiming to probe these underexplored issues still more deeply. I also contend that these two criticisms are in tension with each other; in order to contend that my theory of meaning is incorrect, Kershnar must draw on intuitions about the existence of meaning that undercut his suggestion that there is no such thing. (shrink)

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary stature (...) as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

Persian translation by Seyyed Mostafa Mousavi A’zam of 'The Immortality Requirement for Life's Meaning' (Ratio 2003).

I contend that there are important moral reasons for individuals, organisations and states to aid others that have gone largely unrecognised in the literature. Most of the acknowledged reasons for acting beneficently in the absence of a promise to do so are either impartial and intrinsic, on the one hand, being grounded in properties internal to and universal among individuals, such as their pleasure or autonomy, or partial and extrinsic, on the other, being grounded in non-universal properties regarding an actual (...) relation to the agent, such as common membership in a family or culture. In contrast, I articulate and defend the existence of two unrecognised reasons for beneficence that can take the form of being impartial and extrinsic. One is that a being’s capacity to be part of a sharing relationship with us can provide some reason to help it, and another is that a sharing relationship qua relationship is an end-in-itself that can provide some reason to help another. I differentiate these considerations from one another and from the more standard reasons for beneficence, provide arguments for thinking that they are central to beneficence, and rebut objections that are likely to be offered by friends of the more standard reasons. (shrink)

This article, translated into Chinese by Tian Kaifang, summarizes and critically reflects on the current state of the literature that has recently begun to put Chinese Confucianism into dialogue with characteristically African conceptions of what is good, what fundamentally exists, and how to obtain knowledge. As most of this literature has addressed value theory, this article focuses largely on it, too. It first illustrates how similar the foundational values are between the two cultural traditions; central to both traditional China and (...) Africa is an ethic prescribing the development of one’s humanness through virtues that honour harmonious relationships. The article then indicates how the two traditions nonetheless have different understandings of the nature of harmony, which have grounded divergent judgments of which practices are morally desirable. The final section of the article discusses ontology and epistemology, which are extremely under-developed in the comparative literature, and it suggests some avenues for future research on these topics. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...) newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

This chapter expounds relational values characteristic of indigenous Africa and considers how they might usefully be adopted when contemporary societies interact with each other. Specifically, it notes respects in which genuinely human or communal relationship has been missing in the two contexts of globalization and international relations, and suggests what a greater appreciation of this good by the rest of the world would mean for them.

Polish translation of mildly revised versions of the introductory and closing pages of _Meaning in Life_.

I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant (...) view of philosophers such as Jean Hampton and Joel Feinberg, or is there an objective fact of the matter to which these propositions correspond? Such questions have been scarcely addressed in the analytic literature, but it is urgent to do so in a systematic way. As I make clear, what is probably the primary motivation for holding the censure theory of punishment depends on the truth of certain controversial theses about normative realism. -/- . (shrink)

Discussion of whether values and norms are neutral or not has mainly appeared in works on the nature of prudential rationality and morality. Little systematic has yet appeared in the up and coming field of the meaning of life. What are the respects in which the value of meaningfulness is neutral or, in contrast, partial, relational, or ‘biased’? In this article, I focus strictly on answering this question. First, I aim to identify the salient, and perhaps exhaustive, respects in which (...) issues of neutrality arise in the contexts of life’s meaning. In addition to providing a taxonomy of the key points of contention, a second aim is to advance reflection about them by considering the most important arguments that have been marshalled in favour of one side or the other, particularly as they appear in recent neutral positions. I conclude that meaning in life is neutral with respect to time but not any other conditions such as agents and patients, with a third aim being to point out that this makes the value of meaning different from the kinds of non/neutrality encountered in some salient conceptions of prudence and morality. (shrink)

I have two major aims in this chapter, which is philosophical in nature. One is to draw upon values that are salient in the southern African region in order to construct a novel and attractive conception of human dignity. Specifically, I articulate the idea that human beings have a dignity in virtue of their communal nature, or their capacity for what I call ‘identity’ and ‘solidarity’, which contrasts the most influential conception in the West, according to which our dignity inheres (...) in our rationality or autonomy. The second aim is to invoke this Afro-communitarian conception of human dignity in order to advance a new conception of why poverty is morally problematic and of what people, particularly states, are ethically required to do with regard to it. Common conceptions of poverty focus on it in terms of people lacking income, preference satisfaction (‘utility’) or general-purpose means (‘social primary goods’ in the Rawlsian jargon). In contrast, if what is special about human beings is our ability to commune with one another in a certain way, then the respects in which poverty can be an injustice and the ways that it must be fought must be understood in more communitarian or relational terms, which I both specify with several concrete examples in a South African context and contrast with the more dominant approaches. (shrink)

What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve in this (...) essay, criticizing existing objections to the death penalty that ethicists, jurists and others have proffered on ‘African’ grounds, and, finally, advancing a new, dignity-based objection with a sub-Saharan pedigree that I take to be the most promising. (shrink)

Persian translation by Mohsen Javadi of 'Recent Work on the Meaning of Life' (Ethics 2002).

I examine two recent books by analytic philosophers that address the underexplored topic of whether the meaning of life depends on the existence of a supernatural realm including God and a soul. John Cottingham’s On the Meaning of Life defends a supernaturalist conception of life’s meaning, whereas Kurt Baier’s Problems of Life and Death defends the opposite, naturalist perspective. I show that their respective arguments are worth serious consideration, indicate some potential weaknesses in them, and suggest some other argumentative strategies (...) that those interested in this fascinating topic might pursue elsewhere in more depth. (shrink)

German translation by Andreas Rauhut of a mildly revised version of 'Toward an African Moral Theory' (Journal of Political Philosophy 2007).

Given the myriad ways in which managerialism in higher education, and especially research undertaken there, is undesirable, is there a moral theory that plausibly explains why they all are and prescribes some realistic alternatives? In this contribution, I answer ‘yes’ to this overarching question. Specifically, I argue that the various respects in which managerialism is unjustified, particularly with regard to knowledge production, are well captured by an ethical philosophy grounded on salient ideas about communal relationship associated with the southern African (...) ethic of ubuntu. Furthermore, I bring out how my moral-theoretic interpretation of ubuntu provides concrete guidance about how university research, amongst other things, ought instead to be conducted. I conclude that in light of the promise of the sub-Saharan ethic, in future work it merits being weighed up against more characteristically Western criticisms of managerialism. (shrink)

A lengthy reply to several critical discussions of _Meaning in Life: An Analytic Study_ appearing in the _Journal of Philosophy of Life_. The contributors are from a variety of philosophical traditions, including the Anglo-American, Continental and East Asian (especially Buddhist and Japanese) ones.

In “Global Knowledge Frameworks and the Tasks of Cross-Cultural Philosophy,” Leigh Jenco searches for the conception of knowledge that best justifies the judgment that one can learn from non-local traditions of philosophy. Jenco considers four conceptions of knowledge, namely, in catchwords, the esoteric, Enlightenment, hermeneutic, and self- transformative conceptions of knowledge, and she defends the latter as more plausible than the former three. In this critical discussion of Jenco’s article, I provide reason to doubt the self-transformative conception, and also advance (...) a fifth, pluralist conception of knowledge that I contend best explains the prospect of learning from traditions other than one’s own. (shrink)

In this article, written for the generally educated reader, I summarize my latest thinking about a dilemma that I believe current theoretical reflection faces about the proper ultimate aims of a public university. Specifically, I make the following three major points: (1) On the one hand, all dominant theories of how properly to spend public resources entail that academics should not pursue knowledge for its own sake and should rather devote their energies toward promoting some concrete public good (such as (...) citizenship, justice, autonomy or the like). (2) On the other hand, that view of the academic enterprise entails patent absurdities. (3) The dilemma is best resolved by articulating a new theory of how public resources ought to be spent, one according to which the point of the state and its public institutions ought to be to _balance_ the realization of final goods. (shrink)

An 850 word statement, translated into Dutch and composed for a lay audience, of respects in which happiness and meaningfulness can come apart, but highlighting the aim of engaging in projects in which they are co-present.

In “Are Certain Knowledge Frameworks More Congenial to the Aims of Cross-Cultural Philosophy? A Qualified Yes,” Leigh Jenco responds to an article in which I had argued for a similar conclusion. I had contended roughly that the positing of objective truth combined with a fallibilist epistemology best explains why a philosopher from one culture could learn something substantial from another culture. In her response, Jenco contends that this knowledge framework does not account adequately for the intuition that various philosophical traditions (...) have an equal standing and that traditions other than one’s own are not to be considered inferior. In addition, according to Jenco, an appeal to objective truth on the part of one epistemic culture is unavoidably oppressive, or overly risks being so, with regard to another one. In this brief reply, I argue that an appeal to objective truth in the realms of epistemology and morality in fact makes the most sense of Jenco’s concerns about inegalitarianism and oppression. (shrink)

Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out (...) the basic principles involved and exhibiting their logical relationships. Second, appealing to the Kantian principle of respect for the dignity of persons, I offer a thorough justification for routine testing when it serves as a gateway to anti-retroviral treatment (ART). Third, I present a respect-based defence of the controversial and novel thesis that routine testing is morally justified even if ART is unaffordable or otherwise unavailable. (shrink)

Henry Richardson has recently published the first book ever devoted to ancillary care obligations, which roughly concern what medical researchers are morally required to provide to participants beyond what safety requires. In it Richardson notes that he has presented the ‘only fully elaborated view out there’ on this topic, which he calls the ‘partial-entrustment model’. In this article, I provide a new theory of ancillary care obligations, one that is grounded on ideals of communion salient in the African philosophical tradition (...) and is intended to rival and surpass Richardson’s model, which is a function of Western considerations of autonomy. I argue that the relational approach of the former has several virtues in comparison to the basic individualism of the latter. (shrink)

In one of the most widely read texts on what makes a life meaningful, composed more than 50 years ago, Kurt Baier presents an intriguing argument against the view that meaning in life would come by fulfilling a purpose God has assigned us. Baier contends that God could not avoid degrading us were He to assign us a purpose, which would mean that God, as a morally ideal being by definition, would not do so. Defenders of God-centred accounts of meaning (...) in life, and even many of its detractors such as myself, have by and large argued that Baier is incorrect on this point. However, using my reply to Baier as a foil, Sagid Salles has recently breathed new life into Baier’s old rationale, providing fresh grounds to believe that God could not avoid degrading us if He gave us a purpose to fulfil. Specifically, Salles argues that God would face a dilemma: either He could give us all the same purpose, which would be unfair since some of us would be in a better position to achieve it than others, or He could give us each a different purpose that we would be equally able to fulfil, which would also be disrespectful since God would have limited our lives so as to make other ends out of reach. In this article, I argue that God could avoid the dilemma Salles poses and hence could assign us a purpose without treating us disrespectfully. (shrink)

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of (...) the dispute. I argue that the law is unjust and should be revised. (shrink)

German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).

I aim to answer the questions of whether reactive practices such as gratitude and punishment are inherently expressive, and, if so, in what respect. I distinguish seven ways in which one might plausibly characterize reactive practices as essentially expressive in nature, and organise them so that they progress in a dialectical order, from weakest to strongest. I then critically discuss objections that apply to the strongest conception, questioning whether it coheres with standard retributive understandings of why, when and where the (...) reactive practice of punishment is justified. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether (...) an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...) power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)