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.

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 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)

Fitting Attitudes accounts of value analogize or equate being good with being desirable, on the premise that ‘desirable’ means not, ‘able to be desired’, as Mill has been accused of mistakenly assuming, but ‘ought to be desired’, or something similar. The appeal of this idea is visible in the critical reaction to Mill, which generally goes along with his equation of ‘good’ with ‘desirable’ and only balks at the second step, and it crosses broad boundaries in terms of (...) philosophers’ other commitments. For example, Fitting Attitudes accounts play a central role both in T.M. Scanlon’s [1998] case against teleology, and in Michael Smith [2003], [unpublished] and Doug Portmore’s [2007] cases for it. And of course they have a long and distinguished history. (shrink)

For Martin, the right to free higher education may be claimed only by those ready and willing pursue autonomy supporting higher education. The unready and unwilling, among whom may be counted carers, disabled, and devout, are excluded. This is unjust. I argue that this injustice follows from a tension between three elements of Martin’s argument: (1) a universal right to autonomy supporting higher education; (2) qualifications on entitlements to access this right in order to preserve the value (...) of higher educational goods; (3) luck egalitarian motivations in Martin’s distributive ethics. I consider options for avoiding such injustices and their implications for Martin’s argument. (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)

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)

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)

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)

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)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that (...) seem reasonable to us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (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)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (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)

In his paper, "Free Choice, Incommensurable Goods and the Self-Refutation of Determinism,"' Joseph Boyle seeks to show how the argument for the self-refutation of determinism - first articulated over twenty-five years ago - is an argument whose force depends on (first) a proper understanding of just what free choice is, and (secondly) a proper understanding of how free choice is a principle of moral responsibility. According to Boyle, a person can make a genuinely free choice only if he is presented (...) with alternative options that are incommensurable in their goodness or desirability. If the goodness or desirability of alternative options could be commensurated, or compared in accordance with some common standard, then it would be possible in principle for a person to determine which of the two options offered more, and which offered less, of the same sort of good represented by the two options. But if this sort of commensuration or comparison were possible, according to Boyle, then there would really be no need to choose. Rather, the only task that would have to be performed in order to determine the person's selection among alternative options would be the task clarifying or calculating which of the alternative options offered most fully what it is that makes both options desirable in the first place. Once the clarification or calculation is done, there would be no need-and in fact, no possibility--of really choosing: the calculation alone would settle which option is the best option, and thus which option is to be selected. Now if genuinely free choice requires that the choosing person be presented with options that are incommensurable in goodness or desirability, then it also seems to be the case that genuine choice-and the moral responsibility that goes along with it-requires that the person be presented with alternative possibilities from which to choose. And yet some compatibilist thinkers have held that moral responsibility does not really require the presence of alternative possibilities. In particular, Harry G. Frankfurt has sought to show (by means of counter-example) that a person can be a moral agent and morally responsible, even if the person did not, in fact, have any alternative possibilities available to him (that is, even if the person could not have done otherwise). Frankfurt's counter-example offers a direct challenge to the sort of incompatibilism that Boyle seeks to defend; and so Boyle is quite right to address Frankfurt head-on. For if Frankfurt is right, then it is erroneous to hold "the principle of alternative possibilities" (the principle that a person can be morally responsible for what he has done, only if he had alternative possibilities, or only if he could have done otherwise). But if it is erroneous to hold the principle of alternative possibilities, then it also seems erroneous to hold the more robust position that Boyle wishes to defend: namely, the position that moral responsibility requires not only alternative possibilities, but also alternative possibilities representing options that are incommensurable in their goodness. (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)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human (...) right thus has a tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

This article proposes a teleological ethical approach for the analysis of the conflict between the right to the city and the right to tourism. Unlike the understanding of this conflict through a deontological lens, which is based on universal and unconditioned moral duties, a teleological perspective allows us to observe much more underlying and intricate problems that can arise in any cultural and socio-historical context of each tourist city. By taking the teleological model of the philosopher Alasdair MacIntyre (...) as a starting point, the article suggests the basis of a framework for an ethical understanding of the complexity of teleological conflicts that can appear in the pursuit of situated internal goods —sought cooperatively— and external goods —sought competitively— within and between social practices related to both rights. (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)

This paper presents an account of the right to privacy that is inspired by classic control views on this right and recent developments in moral psychology. The core idea is that the right to privacy is the right that others not make personal information about us flow unless this flow is an expression of and does not conflict with our deep self. The nature of the deep self will be spelled out in terms of stable intrinsic (...) desires. The paper argues that this view has advantages over alternative accounts of the right to privacy, that it is extensionally adequate in interesting test cases, that there is a good reason to think that the right to privacy, thus understood, can be justified, and that this view helps identify what kind of information is protected by the right to privacy. (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)

Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming years. If ectogestation can intersect with or even determine abortion policy in the future, then a new philosophical analysis of the legal status of abortion is both (...) warranted and urgently needed. I argue that, even if there is no ‘moral’ right to fetal destruction once ectogestation becomes a reality, societies ought not to implement legal prohibitions on a pregnant person’s ability to safely obtain an abortion that results in fetal death because such laws are systemically misogynistic. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why (...) the situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

This article proposes a teleological ethical approach for the analysis of the conflict between the right to the city and the right to tourism. Unlike the understanding of this conflict through a deontological lens, which is based on universal and unconditioned moral duties, a teleological perspective allows us to observe much more underlying and intricate problems that can arise in any cultural and socio-historical context of each tourist city. By taking the teleological model of the philosopher Alasdair MacIntyre (...) as a starting point, the article suggests the basis of a framework for an ethical understanding of the complexity of teleological conflicts that can appear in the pursuit of situated internal goods —sought cooperatively— and external goods— sought competitively— within and between social practices related to both rights. (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)

One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations about presumed (...) non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

This work establishes that the primary justification for the state is its role as the guarantor of last resort of the personal safety, liberty and property of the citizens. The essay upholds that the state exists fundamentally for the protection of life and property and ensuring the wellbeing of the citizens and unless it performs this basic function it has no reason to exist. The essay equally establishes that no other time since the civil war era has Nigeria's state been (...) seriously engulfed in perennial security challenges than now. It is the stand of this essay that the current trend of violence imprints on the psyche of Nigerians that the government security apparatus is incapable of guaranteeing the security, safety and wellbeing of the people. It is the candid opinion of this essay that the paradox of Nigeria's state security is that instead of the state being a framework of lawful order and the highest source of authority, it now constitutes the greatest threat to itself. The essay submits that peaceful protest is against the ruling elite that has exploited and appropriated the collective patrimony to itself. It substantiates the legality of EndSARS Protest necessitated by the improprieties of the unit of Nigeria Police Force – Special Anti-Robbery Squad (SARS) against human rights violation, extortion, torture brutality and extra-judicial killings by SARS due to sustained years of leadership deficit in Nigeria. The protest though hijacked by hoodlums is a wake-up call for articulation of good leadership and governance in Nigeria. The Essay adopts an expository and critical evaluation method to drive home its aims and objectives. It relies on se. (shrink)

This article explores the social value of privacy and the intricate relationship between personal autonomy and societal cohesion within the realm of privacy. It contrasts George Herbert Mead’s two models of social organization—hostility and integration—in terms of their impact on the interplay between individuals and society. The model of hostility envisions individuals and society engaged in a zero-sum game, resulting in diminished individuality and an atomistic view of autonomy. In contrast, the model of integration recognizes the interdependence of entities, fostering (...) individuality and promoting a relational understanding of autonomy. Applying these models to privacy theory, the article argues that privacy has often been conceived in terms of hostility, pitting individuals against society. Instead, the article advocates for embracing the model of integration, in which privacy is seen as fundamental to a society where individuals maintain their uniqueness while pursuing a common good. The right to privacy, rooted in this integrative model, allows individuals to preserve their distinct social selves while participating in joint social organization. Furthermore, understanding privacy through the lens of integration highlights the importance of the common good as a necessary condition for both individuality and autonomy. This relational perspective positions privacy as an essential aspect of a democratic and moral society, where diverse individuals mutually constitute themselves and the broader social fabric. By presenting this view, the article offers a fresh understanding of privacy's social value and its implications for societal organization, democracy, and morality. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only (...) provide substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue (...) that Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (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)

This chapter discusses the fundamental question of the defense industry’s role and legitimacy for societies. It begins with a parable of a psychopath doing something self-serving that has beneficial moral consequences. Analogously, it is argued, the defense industry profiting by selling weapons that can kill people makes it useful in solving moral problems not solvable by people with ordinary moral scruples. Next, the chapter argues that while the defense industry is a business, it is also implicated in the security of (...) its home nations. In addition, its products can be used for good or evil. Thus, it must navigate conflicting values, with the result that the rules often thought to rightly regulate the industry—codes of business ethics, engineering ethics, procurement ethics, plus laws of the land, and dicta of conscience—need supplementing by general moral reflection. This chapter argues for a principle that tells how to decide when to violate the rules, for a theory of rational choice on which choosing by this principle is rational, and for teaching that theory to defense industry employees to ensure their ethical behavior. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological (...) progeny. I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (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)

This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning parties’ to AR (...) but also to public policy considerations. We argue that AR has implications for the common good, by involving matters of human reproduction, kinship, race, parenthood and identity. In this paper we challenge presuppositions concerning decisional privacy. We examine the essential commodification of human life implicit in AR and the systematicity that makes this possible. We address the objection that it is an ethically neutral way of having children and consider the problem of ‘existential debt’. After examining objections to the thesis that AR is illegitimate for reasons of public policy and the common good, we return to the issue of decisional privacy in the light of considerations concerning the legitimate role of the state in matters affecting human reproduction. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality (...) as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (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)

The paper argues that Toni Rønnow-Rasmussen’s fitting-attitude analysis of ‘good’ and ‘good for’ allows us to interpret and justify Kant’s Formula of Humanity (FH) in a constructive way. His classification of ‘good’ as a non-relational intrinsic final value and ‘good for’ as a relational extrinsic final value sheds light on two main features of FH, namely that it requires us to display a specific attitude to human beings, while also obligating us to recognize this value in (...) the relational dimension. Based on a reflection of what attitudes toward persons are fitting, we might well come to endorse that persons are “ends in themselves” and merit respect and recognition. I then argue (by way of an ethical reading of Kant’s demand to leave the state of nature and move to a rightful civil condition) that we have, in addition to a fitting attitude, deontic normative reasons (not mere pro tanto reasons) for making this very attitude toward persons the principal standard for our relations to others and to ourselves. (shrink)

Li (禮) and yi (義) are two central moral concepts in the Analects. Li has a broad semantic range, referring to formal ceremonial rituals on the one hand, and basic rules of personal decorum on the other. What is similar across the range of referents is that the li comprise strictures of correct behavior. The li are a distinguishing characteristic of Confucian approaches to ethics and socio-political thought, a set of rules and protocols that were thought to constitute the wise (...) practices of ancient moral exemplars filtered down through dynasties of the past. However, even while the li were extensive and meant to be followed diligently, they were also understood as incapable of exhausting the whole range of activity that constitutes human life. There were bound to be situations in life where there would be no obvious recourse to the li for guidance. As part of their reflections on the good life, the Confucians maintained another moral concept that seemed to cover morally upright exemplary behavior in these types of situations. This concept is that of yi or rightness. In this chapter, I begin with a brief historical sketch to provide some context, and will then turn to li and yi in turn. In the end, I will suggest how li and yi were both meant to facilitate the supreme value of social harmony that pervades much of the Analects and serves as its ultimate orientation. (shrink)

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)

This open access book presents a comparative study of two classics of world literature, offering the first sustained study of what unites and divides the Nicomachean Ethics and the Bhagavad Gita. -/- Asking what the texts think is the nature of moral action and how it relates to the highest good, Roopen Majithia shows how the Gita stresses the objectivity of knowledge and freedom from being a subject, while the Ethics emphasizes the knower, working out Aristotle’s central commitment to (...) the idea of substance as the primary building block of the world. Yet both the Gita and the Ethics explain variety in human behaviour in terms of three driving forces. Both agree moral agency is a construct that is a function of background, education and habit, presupposing a cultural, political and economic infrastructure. -/- What distinguishes the texts is how the content of right action is generated. Reading them together, alert to their individual accounts of how the practical relates to the reflective dimensions of life, Majithaia enriches our understanding of two cornerstone texts in the Greek and Indian philosophical traditions. -/- The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollectionsdotcom. Open access was funded by The Marjorie Young Bell Faculty Fund and The Hart Almerrin Massey Endowment. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to (...) its philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of 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)

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward (...) other persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

Abstract: The refugee, migrant and human rights crisis ravaging the African continent through the Libyan coast is one that is self-inflicted, due in part and primarily so, a result of bad governance on the part of the African leaders who have not made the management and welfare of her citizens a primary and a going concern. Ethnic conflict and wars on resource control have also led to the forceful migration of some of these citizens from their homes. Thus, having been (...) frustrated and uncared for, dreams dashed and hope in the leaders lost, the average African citizen, in a bid to achieve their natural given potential have decided to seek alternative means to do so in other climes other than their home countries, no matter the cost. Using the documentary method of data collection and expost facto research design, the study found that the current crisis in Libya is largely a product of neglect by African leaders of their citizens and their seeming cluelessness in the ordering and direction of the lives of their citizens for individual, collective and societal growth. Apart from determining if the dearth of leadership was responsible for the current human rights crisis in Libya, the study also found that the average living conditions of African citizens was a probable cause. Thus, to properly understand the philosophical reason for the exodus of Africans out of their home countries, the study adopted the Neoclassical Migration Theory. The study finally recommends that African leaders should address the structural imbalance in their various domains that have sparked both internecine and genocidal conflict across the continent, and also ensure the implementation of the tenets of good and inclusive governance. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both (...) peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent (...) or a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)