We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (shrink)

Antimicrobial resistance (AMR) is a global public health disaster driven largely by antibiotic use in human health care. Doctors considering whether to prescribe antibiotics face an ethical conflict between upholding individual patient health and advancing public health aims. Existing literature mainly examines whether patients awaiting consultations desire or expect to receive antibiotic prescriptions, but does not report views of the wider public regarding conditions under which doctors should prescribe antibiotics. It also does not explore the ethical significance of public views (...) or their sensitivity to awareness of AMR risks or the standpoint (self-interested or impartial) taken by participants. Methods: An online survey was conducted with a sample of the U.S. public (n = 158). Participants were asked to indicate what relative priority should be given to individual patients and society-at-large from various standpoints and in various contexts, including antibiotic prescription. Results: Of the participants, 50.3% thought that doctors should generally prioritize individual patients over society, whereas 32.0% prioritized society over individual patients. When asked in the context of AMR, 39.2% prioritized individuals whereas 45.5% prioritized society. Participants were significantly less willing to prioritize society over individuals when they themselves were the patient, both in general (p = .001) and in relation to AMR specifically (p = .006). Conclusions: Participants’ attitudes were more oriented to society and sensitive to collective responsibility when informed about the social costs of antibiotic use and when considered from a third-person rather than first-person perspective. That is, as participants came closer to taking the perspective of an informed and impartial “ideal observer,” their support for prioritizing society increased. Our findings suggest that, insofar as antibiotic policies and practices should be informed by attitudes that are impartial and well-informed, there is significant support for prioritizing society. (shrink)

This paper discusses “impartiality thought experiments”, i.e., thought experiments that attempt to generate intuitions which are unaffected by personal characteristics such as age, gender or race. We focus on the most prominent impartiality thought experiment, the Veil of Ignorance, and show that both in its original Rawlsian version and in a more generic version, empirical investigations can be normatively relevant in two ways: First, on the assumption that the VOI is effective and robust, if subjects dominantly favor a (...) certain normative judgment behind the VOI this provides evidence in favor of that judgment; if, on the other hand, they do not dominantly favor a judgment this reduces our justification for it. Second, empirical investigations can also contribute to assessing the effectiveness and robustness of the VOI in the first place, thereby supporting or undermining its applications across the board. (shrink)

Garrett Cullity contends that fairness is appropriate impartiality Chapters 8 and 10 and Cullity ). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of the observation that the idea that fairness consists in appropriate impartiality is very vague and the fact that psychological (...) studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

This article explores the relationship between friendship and morality. Two ideas have been influential in the history of moral philosophy: the impartial standpoint and close friendship. These two perspectives on thought and action can conflict, however, and such a case is presented here. In an attempt to resolve these tensions, and understand the assumption that gives rise to it, I explore an alternative conception of moral conduct and friendship suggested by early Confucian thought. Within this account, moral conduct is that (...) which aims at harmony, understood as the appropriate blending of different elements. This suggests a conception of friendship that realizes harmony through a focus on shared activities, and the quality of interaction achieved between people as they participate in shared social events. This account offers a novel way of conceptualizing friendship, which also avoids the tension between the impartial standpoint and close friendship. (shrink)

In this article, I attempt to bridge the gap between partiality and impartiality in moral philosophy from an oft-neglected African perspective. I draw a solution for this moral-theoretical impasse between partialists and impartialists from Kwasi Wiredu's, one of the most influential African philosophers, distinction between an ethic and ethics. I show how an ethic accommodates partiality and ethics impartiality. Wiredu's insight is that partialism is not concerned with strict moral issues. -/- .

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.

The aim of this paper is to show that science, understood as pure research, ought not to be affected by non-epistemic values and thus to defend the traditional ideal of value-free science. First, we will trace the distinction between science and technology, arguing that science should be identified with pure research and that any non-epistemic concern should be di­rected toward technology and technological research. Second, we will examine different kinds of values and the roles they can play in scientific research (...) to argue that science understood as pure research is mostly and in any case ought to be value-free. Third, we will consider and dismiss some widespread arguments that aim to defend, especially at a normative level, the inevitable value-ladenness of science. Finally, we will briefly return to the connections among science, technology, and values. (shrink)

This paper analyzes the ethical themes and theory portrayals by particular characters in Star Trek: Into Darkness. It is concluded that the film can be understood as explicating the pros and cons of both "male" and "female" ethical perspectives, and that a comprehensive understanding of morality requires some synthesis of both perspectives.

Following a long-standing philosophical tradition, impartiality is a distinctive and determining feature of moral judgments, especially in matters of distributive justice. This broad ethical tradition was revived in welfare economics by Vickrey, and above all, Harsanyi, under the form of the so-called Impartial Observer Theorem. The paper offers an analytical reconstruction of this argument and a step-wise philosophical critique of its premisses. It eventually provides a new formal version of the theorem based on subjective probability.

There has been a growing charge that perdurantism—with its bloated ontology of very person-like objects that coincide persons—implies the repugnant conclusion that we are morally obliged to be feckless. I argue that this charge critically overlooks the epistemic situation—what I call the ‘veil of ignorance’—that perdurantists find themselves in. Though the veil of ignorance still requires an alteration of our commonsense understanding of the demands on action, I argue for two conclusions. The first is that the alteration that is required (...) isn’t a moral one, but rather an alteration of prudential reasoning. Second, and more importantly, this alteration isn’t necessarily a repugnant one. In fact, given that it prudentially pushes one towards greater impartiality, it may be seen as a point in favor of perdurantism. (shrink)

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

Leslie Allan defends his thesis that ethics is objective in the sense of requiring moral agents to offer impartial reasons for acting. Radical subjectivists have attacked this requirement for impartiality on a number of grounds. Some critics make the charge that Allan's thesis is simply a version of subjectivism in disguise. He responds by showing how a broadly naturalist view of ethics accommodates objective moral constraints. Allan also counters cases in which impartiality is purportedly not morally required and (...) considers the subjectivists' response to the problem of demarcating moral from non-moral judgements. (shrink)

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...) there is little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

The paper discusses two ways to understand political liberalism. On the one hand, political liberalism may rely on the existence of an overlapping consensus among all reasonable comprehensive views present in our society. On the other hand, we may ground political liberalism on the moral value of equal respect for everyone. The dilemma between a factual identification of an overlapping consensus and a normative appeal to moral values arises at two levels. First, when we fill the content of our political (...) conception of justice. And second, when we require impartiality to fill that content. In the former case, we may argue for a particular conception of justice through normative argument with moral premises, or our political conception of justice might be the area where all reasona-ble comprehensive views overlap. Similarly, we require that citizens offer impartial public reasons because this is what people holding different comprehensive views do think ap-propriate, or because they should consider it so. The author argues that we should define our political conception of justice through impartial normative argument, and that we should ground the demand of impartiality on the moral value of equal respect. (shrink)

Many philosophers of science have maintained that science should be value-free; still others believe that such ideal is neither achievable nor desirable for science. Hugh Lacey is presently one of the main supporters of the idea of value-free science and his theory is probably the most debated today and attracts the most attention and criticism. Therefore, in this text, I will primarily analyze his theory of value-free science. After briefly defining the notion of value I highlight which strategy Lacey chooses (...) to lay a firm foundation for the concept of science without value, with his starting point being the differentiation between cognitive and non-cognitive values. Then I describe three basic characteristics of Lacey’s value-free science: impartiality, neutrality, and autonomy. However, the overall plan and design of his project, together with some concrete steps he takes, are not without problems in our view. I will try to point out some of these problematic issues and provide brief suggestions for alleviating them. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality (...) and thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her writings show (...) that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

In his interesting and provocative article ‘Being Good in a World of Need’, Larry Temkin argues for the possibility of a type of Each-We Dilemma in which, if we each produce the most good we can individually, we produce a worse outcome collectively. Such situations would ostensibly be troubling from the standpoint of effective altruism, the project of finding out how to do the most good and doing it, subject to not violating side-constraints. We here show that Temkin’s argument is (...) more controversial than it may appear initially regarding both impartiality and goodness. This is because it is both inconsistent with (i) a plausible conception of impartiality (Anonymity) and inconsistent with (ii) the standard view of goodness (the Internal Aspects View). Moreover, because (i) and (ii) are entailed by the sense of ‘impartial goodness’ that effective altruism tentatively adopts, Temkin’s argument is less relevant to effective altruism than he suggests. (shrink)

L’humanité est devenue facteur d’évolution au niveau planétaire. En complexifiant toujours plus les modalités de ses relations avec l’environnement, elle pense trouver dans la science l’outil principal de son développement et en définitive de sa survie. La science, en effet, est un système d’acquisition de connaissances qui génère une interprétation systématique et rationnelle du monde naturel ethumain, jamais définitive et en renouvellement continu. En tant qu’explication rationnelle des phénomènes naturels et sociaux, elle nous permet de raffiner sans cesse la compréhension (...) de notre place et notre rôle dans le monde. Au vu des enjeux inhérents à l’exploitation des acquis scientifiques et de leurs conséquences sur la vie des populations humaines et sur les équilibres biosphériques, continuer à imaginer que les scientifiques vivent isolés dans une sorte de tour d’ivoire de la connaissance, éloignée de l’agitationde la πόλις, signifie ignorer que la responsabilité sociale est consubstantielle à l’activité de la science. Un scientifique ne vit pas dans un vacuum social, il est porteur de valeurs sociales dans la sphère scientifique. En même temps, il véhicule dans la sphère sociale des valeurs qui découlent de son activité. Si, d’une part, son rôle est celui de développer des connaissances qui soient à la fin du processus d’enquête scientifique exemptes de la marque de la subjectivité, d’autre part, pendant ce processus les valeurs s’affrontent en laissant le dernier mot aux tests expérimentaux et observationnels propres à la méthode scientifique. En dernière analyse, ce sera la réalité phénoménologique qui tranchera vis-à-vis des multiples modèles et constructions épistémiques, plus ou moins imprégnés de valeurs, soumis par l’ensemble de la communauté scientifique. La Conférence générale de l’Organisation des Nations-Unies pour l’éducation, la science et la culture (UNESCO), réunie à Paris en 1974, a adopté la Recommandation concernant la condition des chercheurs scientifiques, où ont été définis normes et principes pouvant servir de guide pour optimiser l’activité de recherche et les conditions de sa mise en place. Au vu de la complexité toujours croissante des relations entre la science et la société, la Commission nationale française pour l’UNESCO (CNFU) a été consultée sur la mise à jour de la Recommandation en focalisant son attention sur la question de la responsabilité morale des scientifiques dans l’exercice de leur profession. (shrink)

One of the most basic questions facing democratic theory is who ought to be included in political participation. Most recent discussions of this question have focused on the wrongful exclusion of those who ought to be included. Less attention has been paid to the question of whether political participation can be objectionably over-inclusive. Robert Dahl insists that it can; a claim to inclusion, he writes, “cannot be justified if it is advanced by persons whose interests are not significantly affected by (...) the decisions of that unit.” This essay is a moral defense of what Dahl would consider political over-inclusion, of empowering those entirely unaffected by a given political decision to participate in the making of that decision. My argument is not that the unaffected have a right to participate or that they are somehow wronged by political exclusion in a manner analogous to how the affected may be wronged when excluded. What matters morally is not what a proper resolution to a specific political conflict will do for the unaffected—by definition, it can do nothing for them. What matters is what the inclusion of the unaffected can do to improve the quality of the decision being made, and hence to benefit those affected by this decision. My focus will be on one particular manner in which the inclusion of the unaffected can improve political decision-making: namely, by increasing impartiality. As I argue in the first section of this essay, whereas the affected can only possess what I call “artificial impartiality,” the unaffected possess what I call “natural impartiality.” . (shrink)

The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate (...) a general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (shrink)

In The Idea of Justice, Amartya Sen, among other things, discusses certain qualities any adequate theory of justice ought to incorporate. Two important qualities a theory of justice should account for are impartiality/objectivity and sensitivity to consequences. In order to motivate his discussion of sensitivity to consequences, Sen discusses the debate between Krishna and Arjuna from the religio-philosophical Hindu text the Bhagavad Gita. According to Sen, Arjuna represents a sensitivity to consequences while Krishna is an archetypal deontologist. In this (...) paper it will be argued that Sen's interpretation of the Gita is inaccurate. Further, a more adequate interpretation will be presented. What will be of significance is that the more adequate interpretation actually demonstrates the importance of an impartial spectator in moral reasoning. Finally, there will be a discussion of some lessons that can be taken from the Gita regarding justice generally. (shrink)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair (...) MacIntyre, Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, we discuss the (...) case of health care professionals’ abuse of their right to conscientious objection to abortion services. We show that the conscience clause can be instrumentally abused to sabotage democratically established public rules and thus exert undue private influence on their implementation. In this sense, from a liberal democratic perspective, institutional corruption is problematic because it is disruptive of such fundamental liberal ideals as the impartiality of public institutions and citizens’ political equality. (shrink)

Empathy is intersubjective in that it connects us mentally with others. Some theorists believe that by blurring the distinction between self and other empathy can provide a radical form of altruism that grounds all of morality and even a kind of immortality. Others are more pessimistic and maintain that in distorting the distinction between self and other empathy precludes genuine altruism. Even if these positions exaggerate self-other merging, empathy’s intersubjectivity can perhaps ground ordinary altruism and the rational recognition that one (...) shouldn’t arbitrarily privilege oneself over others. [Note: This volume won CHOICE's Outstanding Academic Title of the Year 2018.]. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

Friendship and romantic love are, by their very nature, exclusive relationships. This paper sug- gests that we can better understand the nature of the exclusivity in question by understanding what is wrong with the view of practical reasoning I call the Comprehensive Surveyor View. The CSV claims that practical reasoning, in order to be rational, must be a process of choosing the best available alternative from a perspective that is as detached and objective as possible. But this view, while it (...) means to be neutral between various value-bearers, in fact incorporates a bias against those value-bearers that can only be appreciated from a perspective that is not deta- ched—that can only be appreciated, for instance, by agents who bear long-term commitments to the values in question. In the realm of personal relationships, such commitments tend to give rise to the sort of exclusivity that characterizes friendship and romantic love; they prevent the agent from being impartial between her beloved’s needs, interests, etc., and those of other per- sons. In such contexts, I suggest, needs and claims of other persons may be silenced in much the way that, as John McDowell has suggested, the temptations of immorality are silenced for the virtuous agent. (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) (...) the account would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an impartiality (...) principle, a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

Joseph Persky's excellent book, The Political Economy of Progress: John Stuart Mill and Modern Radicalism, shows that J. S. Mill's support for socialism is a carefully considered element of his political and economic reform agenda. The key thought underlying Persky's argument is that Mill has an ‘evolutionary theory of justice’, according to which the set of institutions and practices that are appropriate to one state of society should give way to a new set of institutions as circumstances change and the (...) people themselves improve. However, Persky does not spend a great deal of time discussing Mill's theory of reform, in particular the principles he believes should guide our reform efforts. Reflecting on these principles – notably his principle of impartiality or equal treatment – shows the consistency of Mill's thought over time. (shrink)

This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and (...) power – law is politics. Consequently, CLS maintained that these results to indeterminacy of law. Legal indeterminacy can be summed up as contrary to the common understanding that legal materials, statutes and case law, do not really answer legal disputes. Legal principles and doctrines, as CLS scholars claim, are said to be indeterminate, for it is riddle with gaps, conflicts, and anomalies that are widely present even in simple cases. Legal indeterminacy also rises because of the underlying political power – law is politics – that implicates law as merely a tool for oppression. This thesis shows that CLS assertions with legal indeterminacy is only grounded on ambiguity. On one hand, using the main concept of legal formalist logic and language grounded with sub-arguments: inherent generality of legal language, reasoned elaboration, and neutral principles, it refutes the CLS claims of legal indeterminacy. On the other, the paper maintains that their main reason of legal indeterminacy, ‘law is politics’, is merely a statement of fact that currently happens in society is sentimental and weak through counterexamples. (shrink)

Some writers appear to believe that a theory of justice must somehow pick people up by the scruff of the neck and force them to behave justly, regardless of their beliefs or inclinations. This is an absurd demand... (B. Barry, Justice as Impartiality).

The theses of this paper i: I. that the attempt to found absolute norns on rationality presupposes the availability of a single universal absolute conception of rationality but that no such conception is available; and II. that any conception of rationality which might be available for justifying one's ultimate normative commitments is itself evaluative. “Rationality” itself is a value-laden concept, as are all its philosophical sub-divisions—logic, ethics, aesthetics, axiology, etc. Choosing ultimate value principles under conditions of freedom, enlightenment, and (...) class='Hi'>impartiality presupposes that one positively values such things. (shrink)

_Groups in Conflict_ addresses the conflict and tensions that exist between impartiality and partiality in political philosophy, ordinary thought, and practice by setting theoretical arguments in the context of contemporary issues such as immigration and public policy. Donald Franklin asserts that two camps of ethicists—those concerned with political philosophy and those concerned with personal morality—have been ignoring the implications of inconsistency in their mutual approaches. Far more than just exposing these irreconcilable differences, Franklin also proposes the modifications necessary to (...) approach the nature of human equality. (shrink)

This paper raises an underappreciated paradox for classical theism. Love seems to be an inherently biased and partial relation. Justice seems to require the opposite, detached impartiality (think of the attributes of the just judge). But if these are conceptual facts, then classical theism is guilty of ascribing inconsistent attributes to God: perfect love and perfect justice. I resolve this paradox in a manner that weighs in favor of the principle of divine simplicity.

In this paper I revisit nineteenth-century debates over historical objectivity and the political functions of historiography. I focus on two central contributors to these debates: Leopold von Ranke and Johann Gustav Droysen. In their takes on objectivity and subjectivity, impartiality and political engagement I reveal diametrically opposed solutions to shared concerns: how can historians reveal history to be meaningful without taking recourse to speculative philosophy? And how can they produce a knowledge that is relevant to the present when the (...) project of “exemplary” history has been abandoned? I put a special focus on the relativist themes in Ranke’s and Droysen’s answers to these questions. Ranke’s demand for impartiality leads him to think of all historical epochs as equally valid, while Droysen’s emphasis on the historian’s subjectivity relativizes historical truth. In order to explain why Ranke and Droysen nevertheless remained unfazed by the problem of historical relativism, I analyze their normative conceptions of the historian’s disciplinary ethos. I show that Ranke and Droysen think of objective impartiality and subjective partiality not only in methodological terms, but also in terms of justice and ethic duty. This normative element secures the professional study of history an ethical-political relevance for the present. (shrink)

The task of this paper is to reconstruct Bertrand Russell project for religion without God and dogma. Russell made two attempts in this direction, first in the essay “Free Man’s Worship” (1903), and then, in theoretical form, in the paper “The Essence of Religion” (1912). Russell’s explorations of religious impulses run in parallel with his work on technical philosophy. According to Russell from 1903–12, religion is an important part of human pursuits. However, whereas the ordinary man believes in God, the (...) freeman embraces a religion without fear and dogma. He strives for a union with the universe achieved in contemplation made from many perspectives through “impartiality of vision”. For this reason freemen renounce the Self and the Will. Russell abandoned his project for religion without God mainly because of Wittgenstein’s criticism. In his later writings he continued to criticize the religion of the ordinary man, without to further develop a positive philosophy of religion, though. (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 (...) class='Hi'>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)

That human beings have the potential for rationality and the ability to cultivate it is a fact of human nature. But to value rationality and its subsidiary character dispositions - impartiality, intellectual discrimination, foresight, deliberation, prudence, self-reflection, self-control - is another matter entirely. -/- I am going to take it as a given that if a person's freedom to act on her impulses and gratify her desires is constrained by the existence of others' equal, or more powerful, conflicting impulses (...) and desires, then she will need the character dispositions of rationality to survive. The more circumscribed one's freedom and power, the more essential to survival and flourishing the character dispositions of rationality and the spirit may become. (shrink)

In light of the pragmatic aspirations of ordinary language philosophy, this essay critically examines the competing grammatical strictures that are often set forth within the theoretical discourse of 'power'. It repudiates both categorically appraisive employments of 'power' and the antithetical urge to fully operationalize the concept. It offers an attenuated defense of the thesis that 'power' is an essentially contestable concept, but rejects the notion that this linguistic fact stems from conflict between antipodal ideological paradigms. Careful attention to the ordinary (...) pragmatics of power-language evinces the prospects for integrating various context-specific aspects of power and mediating between traditionally divergent theoretical frameworks. (shrink)

In this essay, I critically examine the ways in which the characters of Alias attempt to balance their impartial moral obligations (e.g. duties toward humanity) and their personal obligations (e.g. duties toward one's children). I specifically examine three areas of conflict: (1) choices between saving loved ones and maximizing consequences, (2) choices to maintain or sever relationships with characters who are vicious or immoral, and (3) choices to seek or not seek revenge on the behalf of loved ones. I conclude (...) that Sydney's and Jack's moral choices show that one can and should privilege loved ones to some extent, but that this privilege has limits. (shrink)

A Inseparabilidade entre Lógica e a Ética. Philósophos. 18 (2013) 245–259. Portuguese translation by Décio Krause and Pedro Merlussi: The Inseparability of Logic and Ethics, Free Inquiry, Spring 1989, 37–40. This essay takes logic and ethics in broad senses: logic as the science of evidence; ethics as the science of justice. One of its main conclusions is that neither science can be fruitfully pursued without the virtues fostered by the other: logic is pointless without fairness and compassion; ethics is pointless (...) without rigor and objectivity. The logician’s advice to be dispassionate is in resonance and harmony with the ethicist’s advice to be compassionate. (shrink)

David Hume thinks that human affections are naturally partial, while Francis Hutcheson holds that humans originally have disinterested benevolence. Michael Gill argues that Hume's moral theory succeeds over Hutcheson's because the former severs the link between explaining and justifying morality. According to Gill, Hutcheson is wrong to assume that our original nature should be the basis of morality. Gill's understanding of Hutcheson's theory does not fully represent it, since for Hutcheson self-love and self-interest under certain conditions are permissible, or even (...) desirable or necessary for the good of society. There is not much difference between Hutcheson's and Hume's theories in the sense that they both extract impartial morality from human character as it is. Hume's theory does not succeed over Hutcheson's because Hume does not propose a better way of extracting morality nor explain all moral phenomena. (shrink)